Spanish Criminal Code: Collective Security, Public Health, and Road Safety

Posted on Dec 14, 2024 in Law & Jurisprudence

Of Crimes Against Collective Security

Article 341. The release of nuclear energy or radioactive elements that endanger human life or health of persons or property, but where there is no explosion, shall be punished with imprisonment of fifteen to twenty years and specific disqualification for 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 facility or radioactive, or alters the development of activities involving materials or equipment producing ionizing radiation, creating a situation of serious danger to 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 fact that exposes a person or persons to ionizing radiation that endanger 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 previous articles shall be punished with a lower degree of imprisonment, in their respective cases, when committed by negligence.

Rule 345.

  • 1. 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 without the proper authorization to provide, receive, transport, or possess nuclear or radioactive materials, traffic with them, remove or use their waste, or make use of radioactive isotopes.
  • 2. If the subtraction is executed using force on things, the penalty is at the upper half.
  • 3. 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.

  • 1. 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 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 public road, serious disturbance of any kind or media, disruption or interruption of water supply, power or other fundamental natural resource incur the penalty of imprisonment of ten to twenty years, when the ravages of necessity a danger to life or people integrity.
  • 2. When he does not attend this danger, damages shall be punished as provided for in section 266 of this Code.
  • 3. 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.

Rule 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.

  • 1. Those 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 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.
  • 2. 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 of six to twelve years.
  • 3. 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, one or more of the measures provided for in Article 129 of the Code.
  • 4. 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 inspection activity in explosives.
    • Falsifying 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 in the handling, transportation, or possession of bodies contravene the rules or measures 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 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 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 hecho.Cuando not fulfilled such danger to life or physical integrity of persons, the facts shall be punished as provided for in damages article 266 of this Code.

Of 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 meses.Si there has been danger to life or integrity 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.

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

Article 354.

  • 1. 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.
  • 2. The conduct referred to in the previous paragraph shall be exempt from punishment 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 can not 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.

Of Fire in Non-Forest Areas

Article 356. That set 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.

Of Own Property in the Fire

Article 357. The fire from the assets will be punished with imprisonment from one to four years if he intended to defraud or harm to 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.

Of Crimes Against Public Health

Article 359. Whoever, without being duly authorized, develops health-damaging substances or chemicals that can wreak havoc, or dispatch or supply, or trading 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, the dispatches or supplies 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 dispensing damaged or expired, 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.

  • 1. Those who, without justification, therapeutics, prescribe, provide, dispense, provide, manage, provide or facilitate a non-competitive sportspeople, athletes 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 alter the results of competitions, which by their content, repetition of the intake or other circumstances involved, endangering the life or health of such 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, two to five years.
  • 2. 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.
    • That has been used deception or intimidation.
    • That responsible has availed of a relationship work or professional superiority.

Article 362.

  • 1. 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.
    • Whoever, intending to expend or use them in any way, imitate or simulate drugs or substances that produce beneficial health effects, giving the appearance of real, and thus endanger the life or health of persons.
    • He who, knowing and purposeful alteration of expend or allocate the use by others, have on deposit, announce or advertise, offer, display, sell, provide or use drugs in any way concerned and thereby endanger life or health of people.
  • 2. The penalty of disqualification under this Article and the preceding will be three to six years if the offenses are committed by pharmacists or laboratory technicians directors duly authorized, in whose name or representation actúen.
  • 3. In cases of extreme gravity, the judges or courts, taking into account the personal circumstances of the author’s and the fact they may impose higher penalties than the aforementioned level.

Article 363. Shall be punished with imprisonment from one to four years, a fine of six to twelve months and disqualification for a profession, trade, industry or commerce for a period of three to six years for producers, distributors or dealers that endanger the health of consumers: – Delivering on the market food products with default or alteration of the requirements of laws or regulations concerning the forfeiture or composición. – Fabricating or selling drinks or food intended for public consumption and harmful to the genera corrompidos. – Elaborating with products whose use is not authorized and is detrimental to health, or trading with or subtracting ellos. – Ocultando intended effects unused or disinfected, to trade with them.

Article 364.

  • 1. The person who alters with additives or other unauthorized agents capable of causing damage to human health foods, substances, or beverages for food trade, shall be punished with the penalties of the previous article. If the defendant was the owner or person responsible for production of a food factory, he shall, in addition, the penalty of disqualification for a profession, trade, industry or commerce years.
  • 2. Six to ten. The same penalty shall be imposed to carry out any of the following conduct:
    • Managing the animals whose meat or products intended for human consumption was banned substances that create risk to human health, or in higher doses or for purposes other than those autorizados.
    • Sacrificing slaughter animals or use their products for human consumption, knowing that they have been administered the substances listed under anterior.
    • Sacrificing to slaughter animals that have been applied treatments using substances of those referred to in paragraph 1.
    • Dispatch public consumption of meat or products of animals for slaughter without respecting the withdrawal period, if provided for by regulation.

Article 365. shall be punished with imprisonment from two to six years which alters Poisons or infectious substances, or others who may be seriously harmful to health, drinking water or food substances intended for public use or consumption of a community of people.

Section 366. In the case of the preceding articles may be imposed measure closed down, factory, laboratory or local time up to five years, and in cases of extreme gravity decommissioning may be ordered as provided in Article 129.

Article 367. If the facts under all the preceding articles were made recklessly serious, there will be, respectively, lower in grade penalties.

Article 368. Those who engage in acts growing, manufacturing or trafficking, or otherwise promote, encourage or facilitate the illicit use of toxic drugs, narcotics or psychotropic substances, or possess with those purposes, shall be punished with imprisonment three to nine years and a fine of three times the value of the drugs involved in the crime the case of substances or products that cause serious damage to health, and prison sentences of one to three years and a fine of the double at the other cases.

Article 369. 1. Higher penalties are imposed in extent to those indicated in the previous article and a fine of four times when any of the following circumstances: The guilty person authority, public official, physician, social worker, teacher or educator and works in the exercise of office, profession or oficio.El offender belongs to an organization or association, including transitional, having as its purpose to such substances or products ocasional.El so guilty even participates in other activities organized or whose performance is being provided by the delito.Los commission of acts were performed in establishments open to the public by officials or employees of mismos.Las substances referred to in the preceding article are provided to children under 18, mentally handicapped or people undergoing treatment for addiction or rehabilitación.Fuere of obvious importance is the amount of these substances to the conduct referred to in the preceding article . The substances are adulterate, manipulate or mix together or with others, increasing the potential harm to the conduct described health.The in the previous article to take place in schools, centers, facilities or military units, correctional facilities or detoxification or rehabilitation centers, or their proximidades.El guilty employs violence or exhibits or causes to use guns to commit the act. The culprit or remove illegally introduced those substances or products of the country, or encouraging implementation of such conductas.2. In the cases referred to in conditions 2, 3 and 4 of the preceding paragraph of this article shall be imposed on the organization, association or person in charge of establishing a fine of three times the value of the drug subject of the offense, confiscation of property subject of crime and the proceeds and income derived directly or indirectly from the offense and, moreover, the judicial authority may order any of the following measures: the loss of the possibility of obtaining subsidies or aid and the right to enjoy benefits or tax incentives or Social Security during the duration of most of imprisonment impuesta.La implementation of the measures provided for in section 129 of this Code. Article 370. the greater punishment is imposed on one or two degrees specified in Article 368 that: You use to under 18 or mentally handicapped people to commit these delitos.Se case of leaders, managers or officers of the organizations referred to in conditions 2 and 3 of paragraph 1previous article. The conduct described in Article 368 gravedad.Se were extremely, extremely serious cases where the amount of the substances referred to in Article 368 significantly exceeds the notoriously regarded as important, or have been used ships or aircraft as a means of transport, or have been carried out simulating the conduct referred to international trade transactions between companies, or are internal networks devoted to such activities, or concur three or more of the circumstances under the Article 369.1. In cases of 2 and 3 above shall be imposed on offenders, in addition, a fine of three times the value of the drugs involved in the crime. Article 371. 1. The person who manufactures, transports, distributes, sells or holds equipment, materials or substances listed in Table I and Table II of the United Nations Convention, done at Vienna on December 20, 1988, on drug trafficking and psychotropic substances, and any other products added to that Convention or to be included in other future nature Conventions, ratified by Spain, knowing that they will be used in the cultivation, production or manufacture of illicit drugs are toxic, narcotic drugs or psychotropic substances, or for such purposes shall be punished with imprisonment of three to six years and a fine of three times the value of the goods or efectos.2. Imposing the penalty prescribed at the upper end when the people who make the events described in the previous section belong to an organization dedicated to the purposes therein mentioned, and the higher penalty in the case of the leaders, managers, administrators such organizations or asociaciones.En such cases, judges or court shall impose appropriate penalties in addition, the inmate’s specific disqualification for the exercise of their profession or industry for a period of three to six years, and other measures provided by the Article 369.2. Article 372. If the facts set forth in this Chapter were performed by an employer, the intermediary in the financial sector, voluntary, public, social worker, teacher or educator in the course of his employment, profession or occupation, you shall, in addition to the penalty for the specific disqualification for employment or public office, profession or occupation, industry or commerce, from three to ten years old. It will impose the disqualification penalty of ten to twenty years if those facts were performed by an authority or agent thereof, in the exercise of its cargo.A this end, we understand that doctors are physicians, psychologists, people in degree possession of health, veterinarians, pharmacists and their dependents. Article 373. The provocation, conspiracy and incitement to commit the crimes specified in articles 368 to 372 shall be punished with the penalty lower by one to two degrees to corresponding, respectively, to the acts described in the previous provisions. Article 374. 1. In the offenses set forth inArticles 301.1, second paragraph, and 368-372 in addition to the sentence to be imposed for the crime committed, shall be liable to confiscation toxic drugs, narcotics or psychotropic substances, equipment, materials and substances referred to in Article 371 , as well as goods, facilities, tools and earnings subject to the provisions of section 127 of this Code and the following special rules: Drugs, narcotics and psychotropic substances will be destroyed by the administrative authority in whose custody they are, once made relevant analytical reports and saved enough of the same samples, unless the competent judicial authority has ordered his full conservation. Once the sentence is final, there will be destruction of the samples had been paragraph, or destruction of all seized him, in the event that the competent court had ordered its conservación.A ensure effectiveness of confiscation of goods, facilities, instruments and proceeds may be seized or impounded and placed in trust by the judicial authority from the time of the first diligencias.La judicial authority may decide that, due to their conservation and while substantially the procedure, the purpose of forfeiture, if of lawful commerce, to be used temporarily by the judicial police responsible for the suppression of illegal trafficking of drogas.Si, for any reason, not possible confiscation of the goods and effects specified in the preceding paragraph may remember the other equivalente.Cuando worth of goods, facilities, instruments and proceeds of crime have disappeared from the heritage of the suspects, may remember the seizure of its value in other assets than even legal origin , belonging to the responsables.2. Confiscated property may be sold, without waiting for the pronouncement of sentence finality, in the following cases: When the owner makes ellos.Cuando express abandonment of conservation may be hazardous to public health or safety, or result in a decrease important level, or seriously affect normal use and operation. Be construed as including those without deteriorating material depreciating by over tiempo.Cuando attend these cases, the judicial authority shall order the transfer, either automatically or at the request of the prosecution, the State Attorney or procedural representation of the autonomous communities , local or other public entities, and hearing the interesado.El amount of the sale to be held by any of the required legal form, shall be deposited as a result of the appropriate legal process, after deducting the expenses of any nature have producido.3. In the crimes referred to the preceding paragraphs, the judges and courts dealing with the matter may declare the nullity of the acts or legal transactions under which are transferred, encumbered or modified real ownership or rights relating to goods and property described in paragraphs anteriores.4. The goods, facilities, instruments and final earnings confiscated by court order, which can not be applied to the satisfaction of civil liabilities arising from the crime or court costs will be allocated entirely to the State.Article 375. The convictions of judges or foreign courts for crimes of the same nature as those provided for in articles 368 to 372 of this chapter will produce the effects of repeated, unless the criminal record has been canceled or may be under Spanish law . Article 376. In the cases provided for in Articles 368-372 , judges or courts reasoned in the court may impose the penalty lower by one or two degrees than that prescribed by law for the offense in question, provided that the subject has voluntarily abandoned his criminal activities and has worked actively with the authorities or their agents or to prevent the production of crime or to obtain decisive evidence for the identification or capture of other officials or to prevent the action or the development of organizations or associations to which they belonged or with which it has colaborado.Igualmente, in the cases provided for in articles 368-372 , the judge or court may impose a penalty lower by two degrees or the criminal who, being drug addicts in time of commission of the facts sufficiently prove that it has successfully completed treatment for addiction, where the quantity of toxic drugs, narcotics or psychotropic substances was not of obvious importance or extremely serious. Article 377. For the determination of the amount of fines imposed pursuant to articles 368 to 372 , the value of the drugs subject of crime or gender or seized property will be the final price or, where appropriate, reward or profit made by the defendant or that could be achieved. Section 378. Payments to be made by the convicted person by one or more of the offenses mentioned in Articles 368-372 shall be allocated in the following order: In the repair of damage and compensation perjuicios.A State compensation for the amount of expenses that have been made in your account at the multa.A causa.A the costs of individual or private prosecutor when the sentence imposed in the other court costs pago.A , including the defense of the accused, no preference among the stakeholders. OFFENCES AGAINST THE ROAD SAFETY. Article 379. 1. Who drove a motor vehicle or a moped with top speed of sixty miles per hour on urban roads or fifty miles per hour on long distance route that permitted by regulation, shall be punished with imprisonment of three to six months or to fine of six to twelve months and work for the benefit of the community of thirty-one to ninety days, and in any case, the deprivation of the right to drive motor vehicles and motorcycles for longer than one to four years. 2. With the same penalties shall be punished which drove a motor vehicle or motorcycle under the influence of toxic drugs, narcotics, psychotropic substances or alcohol. In any such case shall be sentenced to penalties that would result with a rate of alcohol in exhaled air than 0.60 milligrams per liter or with a blood alcohol content exceeding 1.2 grams per liter.Article 380. 1. Who drove a motor vehicle recklessly or moped putteth specifically represent and endanger the life or integrity of persons shall be punished with imprisonment from six months to two years and disqualifications from driving motor vehicles and motorcycles for longer than one and up to six years.2. For the purposes of this provision shall be deemed manifestly reckless driving concur that the circumstances envisaged in the first paragraph and in the second paragraph of section two of the previous article . Article 381. 1. Shall be punished with imprisonment from two to five years, a fine of twelve to twenty four months and disqualifications from driving motor vehicles and motorcycles over a period of six to ten years, with apparent disregard for the lives of others , carried out, the conduct described in the previous article 2. When not been set in concrete danger the life or integrity of persons, the penalty shall be imprisonment of one to two years, a fine of six to twelve months and disqualifications from driving motor vehicles and motorcycles by the time prescribed by anterior.3 paragraph. The motor vehicle or motorcycle used in the acts described in this article may be considered an instrument of crime for the purposes of section 127 of this Code . Article 382. When the acts punishable under Articles 379 , 380 and 381 are of inflicting, as well preventable risk an outcome of harm constitutes an offense, whatever its severity, the judges or courts appreciate only the most severely punishable offense, the penalty applied in the upper half and condemning, in any case, the compensation of civil liability that have arisen. Article 383. The driver, required by a law enforcement officer, refuses to be tested legally established for the verification of the BAC and the presence of toxic drugs, narcotics and psychotropic substances referred to in the preceding articles shall be punished with imprisonment from six months to one year and disqualifications from driving motor vehicles and motorcycles for longer than one to four years. Article 384. The one who drove a vehicle moped engine or in cases of loss of life of the permit or license for a total loss of the points allocated by law, shall be punished with imprisonment of three to six months or with fine of twelve to twenty four months and work on behalf of community thirty-one to ninety días.Las same penalties will be imposed on us to make driving after having been deprived of interim or permanent permit or license by court and who drove a motor vehicle or moped without obtaining permission or never driver’s license. Article 385. shall be punished with imprisonment from six months to two years or a fine of twelve to twenty four months and work for the benefit of the community of ten to forty days, that caused a serious risk to movement of any of the following ways: placing obstacles in the way predicted, sliding or spilling flammable substances or mutating, subtracting or removing signs or other safety medio.No restoring the track, when required to do