Crimes Against Collective Security and Public Health in Spain

Posted on Dec 10, 2024 in Law & Jurisprudence

Crimes Against the Collective Security

Article 341. The release of nuclear energy or radioactive elements that endanger human life or the health of persons or property, but where there is no explosion, shall be punished with imprisonment of fifteen to twenty years and specific disqualification from employment or public office, profession, or occupation for a period of ten to twenty years. Whoever, without being included in the previous article, disrupts the operation of a nuclear or radioactive facility, or alters the development of activities involving materials or equipment producing ionizing radiation, creating a situation of serious danger to the life or health of persons, shall be punished with imprisonment from four to ten years, and disqualification for public employment or office, profession, or occupation for a period of six to ten years.

Article 343. The act of exposing a person or persons to ionizing radiation that endangers their lives, integrity, health, or property, shall be punished with imprisonment of six to twelve years and specific disqualification for employment or for public office, profession, or occupation for a period of six to ten years.

Article 344. The acts described in the previous articles shall be punished with a lesser degree of imprisonment, in their respective cases, when committed by negligence.

Article 345.

Whoever takes over nuclear materials or radioactive elements, even without profit, shall be punished with imprisonment of one to five years. The same penalty shall be imposed for, without the proper authorization, providing, receiving, transporting, or possessing nuclear or radioactive materials, trafficking with them, removing or using their waste, or making use of radioactive isotopes.
If the subtraction is executed using force on things, the penalty is increased by half.
If the offense is committed with violence or intimidation against persons, the offender shall be punished with a higher penalty.

Of the Damage. Article 346.

Those who, causing explosions or using any other means of similar destructive power, shall cause the destruction of airports, ports, stations, buildings, public buildings, tanks containing flammable or explosive materials, roads, mass transportation, or the immersion or the stranding of a ship, flood, explosion of a mine or industrial facility, lifting the rails of a railroad, malicious changes of the signals employed in the service of that for the safety of transportation, bridge bombing, destruction of a public road, serious disturbance of any kind or media, disruption or interruption of water supply, power, or other fundamental natural resource, shall incur the penalty of imprisonment of ten to twenty years, when the ravages of necessity create a danger to life or people’s integrity.
When this danger is not present, damages shall be punished as provided for in section 266 of this Code.
If an additional hazard would have occurred, injury to life, physical integrity, or health of persons, the facts shall be punished separately with the penalties for the crime committed.

Article 347. He who by negligence provokes a crime of destruction shall be punished with imprisonment from one to four years.

Section 3. Of Other Crimes of Risk Caused by Explosive and Other Agents. Article 348.

Those involved in the manufacture, handling, transport, possession, or sale of explosives, flammable, corrosive, toxic, asphyxiating, or any other material, equipment, or devices that can wreak havoc, contrary to established security standards, paying particular danger to life, physical integrity, or health of persons or the environment, shall be punished with imprisonment from six months to three years, a fine of twelve to twenty-four months, and disqualification for public employment or office, profession, or trade for a period of six to twelve years.
Those responsible for monitoring, control, and use of explosives that may cause damage that, contrary to the rules on explosives, have effectively facilitated the loss or theft shall be punished with imprisonment from six months to three years, a fine of twelve to twenty-four months, and disqualification for employment or public office, profession, or occupation for a period of six to twelve years.
The penalties set forth in the preceding paragraphs shall be imposed in the upper half in the case of directors, managers, or officers of the company, firm, organization, or operation. In such cases, the judicial authority may, in addition, impose one or more of the measures provided for in Article 129 of the Code.
Shall be punished with imprisonment from six months to a year, a fine of six to twelve months, and disqualification for public employment or office, profession, or occupation for a period of three to six years the heads of factories, shops, transport, warehouses, and other facilities relating to explosives that can wreak havoc when they commit one or more of the following conduct:
- Obstructing the Administration’s inspection activity in explosives.
- Falsifying to the Security Administration or concealing relevant information on compliance with mandatory safety measures for explosives.
- Disobeying the express orders of the administration aimed to remedy the serious deficiencies identified in the safety of explosives.

Article 349. Those involved in the handling, transportation, or possession of bodies who contravene the rules or measures of established security, placing particular endanger the life, physical integrity, or health of persons or the environment, shall be punished with imprisonment from six months to two years, a fine of six to twelve months, and specific disqualification from employment or public office, profession, or occupation for a period of three to six years.

Article 350. Without prejudice to the provisions of Article 316, shall incur the penalties prescribed in the preceding article that the opening of wells or excavations in the construction or demolition of buildings, dams, pipelines, or similar works or, preserving, preparing, or maintaining violate safety standards established whose failure could cause catastrophic results, and implement specific endanger the life, physical integrity of persons, or the environment.

Crimes of Fire

Article 351. Those who provoke a fire representing a danger to life or physical integrity of persons shall be punished with imprisonment from ten to twenty years. Judges or courts may impose the lesser sentence served in the minor degree of danger posed and the other circumstances of the event. When such danger to life or physical integrity of persons is not fulfilled, the facts shall be punished as provided for damages in article 266 of this Code.

Forest Fires

Article 352. Those who set fire to forests or woodlands will be punished with imprisonment from one to five years and a fine of twelve to eighteen months. If there has been danger to life or integrity of physical persons, the fact is punishable as provided in Article 351, imposed in any case, the penalty of a fine of twelve to twenty-four months.

Article 353.

The penalties prescribed in the preceding article shall be imposed at the upper reaches when the fire is particularly serious in view of the occurrence of any of the circumstances:
- That affects a considerable area of importance.
- That results in large or severe erosive effects on the soil.
- That will significantly alter the conditions of animal or plant life or affect any natural protected space.
- In any case, when it causes serious damage or destruction of resources affected.
These penalties are also imposed at the upper end when the perpetrator acts for financial gain with the effects of the fire.

Article 354.

That fire break to the mountains or forests without actually spreading the fire of the same, shall be punished with imprisonment from six months to a year and a fine of six to twelve months.
The conduct referred to in the preceding paragraph shall not be punishable if the fire does not spread by the voluntary and positive action of its author.

Article 355. In all cases under this section, a Judge or Court may agree that the characterization of soil in areas affected by a forest fire cannot be amended within thirty years. They may also agree to limit or eliminate use is underway came in areas affected by the fire, and administrative intervention in the burned wood from the fire.

Fire in Non-Forest Areas

Article 356. Whoever sets fire to non-forest vegetation zones, seriously damaging the natural environment, shall be punished with imprisonment from six months to two years and a fine of six to twenty-four months.

Fire of Own Property

Article 357. The fire from the assets will be punished with imprisonment from one to four years if he intended to defraud or harm others, have caused fraud or injury, there is a danger of spreading to buildings, trees, or planting outside or has seriously affected the conditions of wildlife, forests, or natural areas.

Common Disposition

Article 358. He who by negligence provokes some of the criminal arson in the previous sections will be punished with a lower degree to the respectively provided for each course.

Crimes Against Public Health

Article 359. Whoever, without being duly authorized, develops health-damaging substances or chemicals that can wreak havoc, or dispatches or supplies, or trades with them, shall be punished with imprisonment from six months to three years and a fine of six to twelve months, and disqualified for trade or industry for a period of six months to two years.

Article 360. Whoever, being authorized for the traffic of substances or products referred to in the preceding article, dispatches or supplies them without meeting the formalities prescribed in the laws and regulations, shall be punished by a fine of six to twelve months and disqualification for the profession or occupation of six months to two years.

Article 361. Those who dispense or dispense damaged or expired drugs, or failing to comply with the technical requirements for their composition, stability, and effectiveness, or substitute one for another, and thus endanger the life or health of persons will be punished with imprisonment from six months to two years, fined six to eighteen months, and specific disqualification from occupation or trade of six months to two years.

Article 361 bis.

Those who, without justification, prescribe, provide, dispense, manage, or facilitate to non-competitive sportspeople, athletes who are not federated in sport for recreation, or athletes participating in competitions held in Spain for sporting bodies, substances or prohibited drug groups and non-regulatory methods, aimed at increasing their physical or modifying the results of the competitions, which by their content, repetition of the intake, or other attendant circumstances, endanger the life or health of themselves shall be punished with imprisonment from six months to two years, a fine of six to eighteen months, and disqualification for public employment or office, profession, or trade, for two to five years.
Penalties are imposed in the previous section in the upper half if the crime is perpetrated under one of the following circumstances:
- Where the victim is less than age.
- Intimidation has been used.
- The responsible has used deception or has availed of a relationship of work or professional superiority.

Article 362.

Shall be punished with imprisonment from six months to three years, a fine of six to eighteen months, and disqualification for a profession or occupation of one to three years: to alter, or to manufacture or produce it at a later time, quantity, dose, or genuine composition, as authorized or declared, of a drug, totally or partially deprived of their therapeutic effectiveness, and thereby endangers the life or health of persons.

1. Elites Falsehoods

What is the legal right which the generic and specific falsehoods protect? The generic legal right refers to the entire title, subject to stress that the specific legal or technical sense of the content must be extracted from each of the offenses set out in the various chapters.
What typical significance has the limit of 400 euros for the crime of counterfeiting? If the apparent value of the currency is over 400 euros (if the apparent value of the currency does not exceed 400 euros, the act constitutes a lack of art. 629).
What is the mode of falsifying a public document that cannot be committed by an individual? Failure to the truth in the narration of facts.
What are the typical modes of use of false documents? “Present in court” and “use to harm another,” if carried out “with knowledge of its falsity.”
How to punish the possession of instruments for counterfeiting? The manufacture or possession of tools, materials, instruments, substances, machinery, computer programs, or equipment, specifically for the commission of crimes, shall be punished by the penalty prescribed in each case to the authors.
Why does counterfeiting include marital status among the falsehoods? The legal right to be seen in the security of legal relations, and therefore, it is a well similar to the other breaches of falsehoods. To the extent that the marital status of a person consists of the external manifestations of his personality, there is an objective interest in that they correspond to reality; otherwise, the legal relations would suffer a serious detriment.
What are the requirements of the crime of usurpation of public functions? He who unlawfully engages in acts of one’s own authority or public official, attributed official character.
What relevance has the distinction between official title and academic degree of intrusion in the crime? How has the Supreme Court interpreted the phrase “official capacity”? The legal right is the power that for the State to grant titles of certain professions so that these guarantees are granted to the official indispensables. With the term “title”, the legislature intended to explicitly cover professions whose exercise does not require a title “academic”. The Supreme Court limits the scope of the crime to those professions, such as air traffic controller or commercial airline pilot, involving fundamental legal rights (life, integrity, personal liberty, and security). Therefore, be excluded that do not affect other such items, as agents of real estate property.
In what is the punishment of imprudence allowed? If the professional activity requires an official title that certifies the training necessary and legally enabled to exercise, and not in possession of that title.

Counterfeiting of Currency Effects and Stationery

Article 386. Shall be punished with imprisonment from eight to twelve years and a fine of ten times the face value of the coin: – The currency that alters or makes you enter counterfeit currency. – Whoever enters the country or exports counterfeit currency or carries altered currency. – Whoever dispenses or distributes, in collusion with the forger, altering, introducer, or exporting counterfeit currency. – Possession of counterfeit currency for vending or distribution shall be punished with a smaller penalty by one or two degrees, taking the value of it and the degree of collusion with the authorities mentioned in previous issues. The same penalty shall be imposed on it, knowing she is false, purchase money to put into circulation. – He who in good faith having received counterfeit currency dispenses or distributes the notes after their falsity will be punished with imprisonment of three to six months or a fine of six to twenty-four months if the apparent value of the currency is over 400 euros. – If the offender belongs to a company, organization, or association, including transitional, which engages in the conduct of these activities, the court may impose one or more of the consequences provided for in section 129 of this Code.

Article 387. For the purposes of the preceding article, the term metal coin and paper money are legal tender. For the same purpose, “currency” includes credit cards, debit cards, and other cards that can be used as a means of payment as well as traveler’s checks. Likewise, the national currency is equivalent to those of other European Union countries and foreign currencies.

Article 388. The conviction of a foreign court, imposed for the crime of the same nature as those included in this Chapter, shall be treated in Spanish courts by the judges or for the effects of repeated, unless the criminal record has been canceled or may be provided under Spanish law.

Article 389. He who forges or circulates them in collusion with the forger, stamps or stamped paper, or introduced in Spain to know to be false, shall be punished with imprisonment from six months to three years. The good faith purchaser of postage stamps or stamped paper that, knowing its falsity, distributed or used in excess of 400 euros will be punished with imprisonment of three to six months or a fine of six to twenty-four months.

Documentary Falsehoods

Falsification of Public, Official, and Commercial Documents

Article 390.

Shall be punished with imprisonment from three to six years, a fine of six to twenty-four months, and disqualified for a period of two to six years, the authority or public official who, in the exercise of his functions, commits misrepresentation:
- Altering a document in one of its elements or character requirements.
- Simulating a document in whole or in part, so as to mislead about its authenticity.
- Supposing intervention in an act of people who have not had, or have attributed to involved in the declarations or statements other than those which would hecho.
- Failing to the truth in the narration of the facts.
Shall be punished with the same penalties as those indicated in the previous section in charge of any religious faith who commits any of the acts described in the preceding paragraphs, in respect of acts and documents that may have effects on the status of a person or civil order.

Article 391. The authority or public official who incurred serious negligence in any of the false statements provided in the preceding article or would result in another commit them, shall be punished by a fine of six to twelve months and suspension of employment or public office for a period of six months to a year.

Article 392. The individual who commits a public document, official or commercial, some of the false statements described in the first three issues of paragraph 1 of Article 390, shall be punished with imprisonment from six months to three years and a fine of six to twelve months.

Article 393. He who, knowing of their falsity, I will present in court or to injure another, makes use of a false document falling under the preceding articles shall be punished with a lower penalty in degree to that envisaged for counterfeiters.

Article 394.

Authority or public official in charge of telecommunications services that we assumed or forges a telegraph office or other characteristic of such service, shall incur the penalty of imprisonment of six months to three years, and disqualified for two to six time years.
He who, knowing of their falsity, makes use of the false entry to harm another person shall be punished with less marked in degree to the counterfeiters.

Forgery of Private Documents

Article 395. The one, to harm other private document commit any of the falsehoods under the first three issues of paragraph 1 of Article 390, shall be punished with imprisonment from six months to two years.

Article 396. He who, knowing of their falsity, I will present in court or to injure another, makes use of a false document those falling in the preceding article shall incur a penalty lower by the marked degree of counterfeiters.

Forgery of Certificates

Article 397. The doctor who will deliver a false certificate shall be punished by a fine of three to twelve months.

Article 398. The authority or public official who delivers false certification shall be punished by the penalty of suspension from six months to two years.

Article 399.

The individual who forges a certificate from the designated in the preceding articles shall be punished by a fine of three to six months.
The same penalty applies to availing knowingly false certification.

General Provision

Article 400. The manufacture or possession of tools, materials, instruments, substances, machinery, computer programs, or equipment, specifically for the commission offense described in the previous chapter, shall be punished by the penalty prescribed in each case for the authors.

Usurpation of Civil Status

Article 401. He who usurps the civil status of another will be punished with imprisonment for six months to three years.

Usurpation of Public Functions and Intrusion

Article 402. He who unlawfully engages in acts characteristic of a public authority or official attributed official capacity shall be punished with imprisonment from one to three years.

Article 403. Whoever engages in acts pertaining to a profession with no corresponding academic qualification issued or recognized in Spain in accordance with applicable law, shall incur a fine of six to twelve months. If the professional activity requires an official title that certifies the training necessary and legally enabled to exercise, and not in possession of this title shall be imposed a fine of three to five months. If the culprit, in addition, publicly attributes the professional status covered by the said degree, shall be punished by imprisonment from six months to two years.