Criminal Liability and its Consequences
Liability Arising from Crime and Death Accessory Consequences
1. Concept and Nature of Liability
The commission of a crime gives rise to criminal liability. This liability can arise ex delicto, where the individual responsible for a crime faces penalties defined by the state. These penalties serve preventive purposes, both general and specific. While the criminal is responsible to the state and community for punishment, liability also involves repairing or compensating the victim for the effects of the crime.
Civil liability ex delicto shares common ground with criminal responsibility, but the commission of an act described in criminal law includes obligations in a lawsuit that differ from criminal responsibility. The following principles apply:
- The principle of personality, where punishment and civil obligations are extinguished upon death, does not apply to civil liability arising from an offense. The obligation to compensate the victim is transferred to the heirs of the deceased.
- Civil liability from a crime is not determined by the crime’s severity (as with penalties), but by its effects (damage and injury). A minor crime with a light penalty may result in substantial liabilities if the damage caused is significant.
- Criminal action to prosecute the crime is not extinguished by the victim’s resignation, whereas civil action can be waived by the entitled person.
Article 108 of the Criminal Procedure Act states: “…if the offended party expressly waives his right to restitution, reparation or compensation, the prosecution will be limited to demanding the punishment of those responsible.”
Liability is transferable to third parties, provided the offense is actionable and the injured party has sufficient grounds to assert its civil nature.
The distinction between criminal and civil liability ex delicto does not imply that the civil and criminal offenses are fundamentally different. The line between the two can be blurred, such as in cases of fraud or deception. Whether a fact is regulated as a criminal or civil offense often depends on the political interest in criminal justice and the principle of last resort.
Article 109 of the Criminal Procedure Code states that the obligation to repair damage caused by a criminal act is objective and independent of criminal responsibility. Article 1092 of the Civil Code states: ‘Civil obligations arising from crimes or misdemeanors shall be governed by the Criminal Procedure Code.’
The Spanish Civil Code was enacted after the Criminal Procedure Code and the Commercial Code. Therefore, early criminal codes had to include liability arising from crime in the absence of a Civil Code. When enacted, the Civil Code referred to the Criminal Code in this area.
The Spanish system has a unique procedural feature: criminal and civil actions are combined within the same criminal proceedings. This joint approach offers significant advantages to crime victims, as it avoids separate civil trials for redress.
The general principle is that liability follows criminal responsibility: Article 116.1 of the Criminal Code states: “Every person criminally responsible for a crime or misdemeanor is also civilly liable if the act results in harmful damage.”
The apparent correspondence between criminal and civil liability has exceptions:
- Criminal liability may exist without civil liability. Example: unconsummated offenses causing no injury.
- Civil liability may exist without criminal liability. Example: certain defenses (Article 118 of the Criminal Code).
- The Supreme Court regulates vicarious liability, where criminal charges exist, but liability falls on a different person (Article 120 of the Criminal Code).
2. Scope of Liability Arising from Crime
Article 110 of the Criminal Code outlines the civil liability of a crime or misdemeanor:
- Restitution: This does not apply to all crimes. It concerns the return of the fine if possible, along with payment for damages and impairments. Restitution is impossible if a third party has legally acquired the item, making it irrecoverable.
- Damage Repair: This may involve obligations to act or refrain from acting, established by the judge against the “guilty” party. The judge determines if these obligations are to be fulfilled by the guilty party directly or executed at their expense.
- Compensation for Material and Moral Damage: A key challenge is valuing “moral damage.” This includes material damage evaluations (e.g., damage to honor affecting the victim’s trade or economic benefits) and non-economic damages, which are difficult to quantify.
Establishing the extent of liability is crucial. Contributory negligence (Article 114 of the Criminal Code) can moderate redress or compensation if the victim contributed to the damage or injury. This principle is used in traffic accidents to adjust compensation amounts and reduce the severity of penalties.