Can I Commit a Crime and Not Go to Prison?
Exempting circumstances are elements that can eliminate the criminal liability of someone who has committed a crime. Articles 19 and 20 of the Spanish Penal Code establish a series of circumstances that may apply in certain situations—although ultimately, it is the judge who will decide whether they are applicable.
Article 20 of the Penal Code: Grounds for Exemption
Article 20 of the Penal Code outlines seven grounds that may exempt a person from criminal responsibility. Let's begin with minority of age, which, although not a ground for exemption by itself, has specific nuances.
Minority of Age
According to Article 19 of the Penal Code:
“Minors under eighteen years of age shall not be criminally liable under this Code. When a minor of said age commits a criminal act, they may be held accountable under the provisions of the law governing juvenile criminal responsibility.”
Although Article 19 does not explicitly state it, criminal liability can be applied under the Juvenile Criminal Responsibility Act for individuals aged 14 to 18. Minors under 14 are never criminally liable, but their parents or guardians may face financial penalties.
Exemptions Based on Mental Disorders and Psychological Conditions
Article 20 of the Penal Code states that no penalty shall be imposed on individuals who, at the time of committing a crime, due to a mental anomaly, were unable to understand the illegality of their actions or to act in accordance with that understanding. However, a temporary mental disorder will not be considered an exemption if it was self-induced for the purpose of committing the crime or if the individual should have foreseen its consequences.
A state of full intoxication caused by alcohol, toxic drugs, narcotics, psychotropic substances, or similar, is also grounds for exemption—provided that it was not sought with the intent of committing a crime, nor could it reasonably have been foreseen.
Additionally, withdrawal syndrome caused by dependency on such substances is included when it impairs the ability to understand the wrongfulness of the act or to act accordingly.
Justification Grounds
Among the exempting circumstances, there are also "justification causes", which include:
- Self-Defense (Article 20.4): If certain conditions are met—such as unlawful aggression, necessity of defense, proportionality of the means used, and lack of sufficient provocation by the defender—the criminal act is considered lawful and entails no criminal or civil liability.
- State of Necessity (Article 20.5): Applies in situations where a person must violate a duty or harm a legal interest to protect another. It requires that the harm caused is not greater than the harm avoided, that the necessity was not provoked intentionally by the person, and that the individual is not obligated to bear the sacrifice by virtue of their profession or role.
- Compliance with a Duty or Legitimate Exercise of a Right, Profession, or Office (Article 20.7): Applies when a person is fulfilling a duty or lawfully exercising a right, profession, or role. This includes law enforcement officers acting in the line of duty and doctors performing their professional roles.
Effects of Justification Grounds
The presence of a justification ground has the main effect of rendering a criminal act non-wrongful, even if committed. This means it does not result in criminal penalties or civil liability derived from the offense.
To fully apply a justification ground, all its requirements must be met. If not, it may still lead to a mitigation of criminal responsibility, as established in Article 21.1 of the Penal Code.
Justification grounds such as self-defense, state of necessity, or compliance with a duty, allow a criminal act to be seen as lawful, meaning the individual acted in accordance with the legal system.
Another relevant exemption is "Overwhelming Fear", which applies in situations of well-founded terror caused by a serious, immediate, and real threat that impairs a person’s intellectual and volitional capacity, leading them to commit a crime.
It is always advisable to seek assistance from a specialized professional, but in these cases, it is mandatory. To best defend your interests and ensure that the legal process is carried out properly, we invite you to schedule a completely free consultation if you find yourself in such a situation.
