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Article 175 of the Criminal Code

TÍTULO VII — De las torturas y otros delitos contra la integridad moral

Full text

Text in force since 24 May 1996.

The text below is the official Spanish wording of this provision; the summary and guidance above are in English.

La autoridad o funcionario público que, abusando de su cargo y fuera de los casos comprendidos en el artículo anterior, atentare contra la integridad moral de una persona será castigado con la pena de prisión de dos a cuatro años si el atentado fuera grave, y de prisión de seis meses a dos años si no lo es. Se impondrá, en todo caso, al autor, además de las penas señaladas, la de inhabilitación especial para empleo o cargo público de dos a cuatro años.

Explanation and defence

What Article 175 of the Criminal Code punishes

Article 175 punishes a public authority or official who, abusing their position, commits an outrage against a person's moral integrity that does not reach the seriousness required for torture under Article 174. It is therefore a residual, subsidiary offence within Title VII: it applies only "outside the cases covered" by torture, that is, where the treatment seriously undermines the victim's dignity but lacks either the specific purpose (obtaining a confession or information, punishing for an act committed or suspected, or discrimination) or the intensity that characterises Article 174.

The offender must hold the status of public authority or official and act by abusing their position: the conduct must connect, even if improperly, with the exercise of public functions. Where the outrage against moral integrity is committed by a private individual, or by an authority acting without abuse of office, the applicable offence is the general one under Article 173.1.

Penalties

The provision distinguishes by seriousness: two to four years' imprisonment if the outrage is serious, and six months to two years' imprisonment if it is not. In both cases, in addition to imprisonment, the offender always receives special disqualification from public employment or office for two to four years, imposed cumulatively with no fine alternative in the text.

How it relates to Articles 174, 176 and 177

Article 175 sits between torture under Article 174 — reserved for the most serious, purpose-driven cases — and the general offence under Article 173. Article 176 extends the same penalties to an authority or official who, failing in the duties of their post, allows others to carry out these acts, punishing the omissive form of connivance. And Article 177 resolves the overlap where, besides the outrage against moral integrity, injury or harm is caused to the victim's or a third party's life, physical integrity, health, sexual freedom or property: in that case the acts are punished separately with whatever penalty corresponds to each, unless the law already punishes that outcome specifically within the offence itself.

Defence strategy

A defence against an Article 175 charge usually focuses on how the seriousness of the outrage is classified — since that determines which penalty bracket applies —, on whether there was a genuine abuse of office or whether the conduct is explained by the legitimate exercise of disciplinary or coercive powers inherent in the post (proportionate use of force, security measures), and on the boundary with Article 174 where the prosecution seeks to elevate the facts to torture without its specific purpose being present. The moral integrity crimes defence service develops these criteria.

Quick reference

Orientative data computed from the highest prison term this article provides for (including the degree rules it imposes itself or the penalties of another article it refers to) and, where there is one, its disqualification, which also counts towards the classification and the limitation period (arts. 33 & 131.1 CP). Aggravated or mitigated subtypes, other non-custodial penalties and concurrence rules may alter the outcome in each specific case.

Highest prison term

4 years

Classification (arts. 13 & 33 CP)

Less serious offence

Limitation period (art. 131 CP)

5 years

Accused of an offence under article 175?

Our team regularly defends those accused under torture and crimes against moral integrity. Technical strategy aimed at dismissal or acquittal when legally viable.

This page is for information purposes only and does not constitute legal advice: every case requires individual assessment. How this content is produced and verified: editorial policy.