Penalties for Assault in SpainPenalties for Assault in Spain: what if the injuries were caused by negligence?
If the injury is caused by recklessness, that is, unintentionally or by accident, the penalty is greatly reduced. In such cases there is no intention to injure, but the injuries are caused by a reckless act.
If it is a “serious imprudence”, the penalty can be imprisonment or a fine depending on the severity of the injuries produced.
If it is a “less serious recklessness”, the penalty will always be a fine.
It is the Judge, upon examining the specific circumstances of the case before the Court, who will set the parameters to classify an imprudence as serious or less serious. Mild recklessness is not typified in the penal code.