Different legal classifications and proceedings of bar fights under Spanish law

In the past, bar fights were considered misdemeanor but nowadays they are considered crimes. Penalties for bar crimes increased due to the change of categorization and the severity of this crime. There are two levels of severity of bar crimes, namely mild ones and physical aggressive one. To be considered a mild crime, two requirements have to be fulfilled. Firstly, the affected party must have filed a complaint. Secondly, it is required that only an initial medical assistance took place and there is no need for treatment or surgical intervention. In other cases in which complaints were raised, the crime is considered a physical aggressive crime.

What penalty will be imposed by the judge?

There are several factors to be considered in determining the degree of the penalty. Firstly, it is important to note that the penalty differs among proportion, risk and result of the aggression. Furthermore, it must be considered whether an individual acted in self-defense, the individual was provoked or whether dolus eventualis can be applied which means that the perpetrator did not have an intention to perpetrate in the way he did. Moreover, it is important to consider the degree of involvement. Joint perpetration means that multiple perpetrators that commonly agree and participate in a crime in a way that is essential for the achievement, without a division of roles and contribution.

Perpetrators, whether acting individually or as co-perpetrators are punished by 6 months up to 3 years imprisonment regardless of the fact whether they were acting alone or in a group, when disturbing public peace.

(a) Mild crime

Art. 147 (2) Spanish Criminal Code deals with the punishment of minor injuries. The penalty for bar fights without physical aggression is punished with a fine between one and two months whereas bar fights including physical aggression arise the possibilities for penalties up to three months.

The fine is determined based on economic circumstances and the income of the perpetrator. But it has to be kept in mind that such a conviction, although only constituting a mild crime, is entered into the criminal record of an individual.

(b) Serious crime

The punishment of serious crimes is laid down in Art. 147 (1) Spanish Criminal Code. The penalty can be a fine or imprisonment between three months and one yeardepending on the injuries . In very serious cases imprisonment can be issued between two and five years. An even higher period of imprisonment of six years can be imposed in case the perpetrator used dangerous instruments or even weapons or firearms for causing serious injuries for the life of individuals or committed robbery. More specifically, this means that specifically serious offences resulting in specifically serious injuries are punished by imprisonment between two and five years.

Homicide is punished by imprisonment between ten and fifteen years and murder is punished with imprisonment between fifteen and twenty-five years. Lastly, conviction results in an entry of that offence in the individual’s criminal record.

Civil compensation

Finally, the injured individual can also claim civil liability inside the criminal proceeding. Here the victim can claim financial compensation for medical expenses especially in cases where healing without consequences is not possible or broken objects could be identified. But the claimant has to provide a documentation of follow up treatments of specialists and not only the emergency report. Additionally, the individual has to make sure that the instruments that caused the injury are identified.