Court rulings

STS 628/2023, of July 19, Graffiti. Damage to public-use property

The Supreme Court analyzes whether graffiti on train carriages constitutes a criminal offense of damage or merely disfigurement. It reminds that after the reform of the Penal Code in 2015, the offense of disfigurement (former art. 626 Penal Code) was abolished, and now, if the repair of the damage requires a significant economic expense, it must be considered a criminal offense of damage. The Supreme Court confirms that the concept of "damage" includes not only destruction or rendering useless but also the economic and functional deterioration of the property, even if it is only aesthetic, provided it requires repair. The Supreme Court upholds the appeal and convicts the defendants as perpetrators of an aggravated damage offense (art. 263.2.4º Penal Code). It expressly refers to STS 333/2021, of April 22, which establishes the doctrine that graffiti or vandalism on public property, if requiring significant repair costs, constitutes an offense of damage and not just disfigurement.

STC 90/2019, of September 6. Constitutionality of Additional Provision 3 of Law 12/1987, May 28, Road Transport. Authority agents from operator companies' staff. Inspection tasks. Administrative Police

The ruling 90/2018 (STC 50/2018), dated September 6, 2018, resolves a question of unconstitutionality raised by the Provincial Court of Barcelona regarding the third additional provision of Catalan Law 12/1987, amended by Law 9/2011. This provision grants employees of regular public transport companies (inspectors and drivers) the status of authority agents in the exercise of their duties. The specific case involved a passenger who assaulted two inspectors from Transports de Barcelona, arguing that they did not have the status of authority agents to apply the crime defined in Article 550 of the Penal Code. The status of "authority agent" is merely administrative and sectoral, confined to the field of regular road passenger transport (administrative police).

STC 50/2018, of May 10, Unconstitutionality of Article 34.4 of Law 4/2006 on Railways. Assault on Authority Agents. Inspection tasks. Administrative Police

The Provincial Court of Barcelona raised a question of unconstitutionality regarding Article 38.4 of the Catalan Parliament Law 4/2006, concerning railways. This article granted employees of railway companies the status of authority agents, allowing for criminal liability (offenses of assault, resistance, or contempt) to be applied to those who assaulted or resisted them. The Constitutional Court declares Article 38.4 of Law 4/2006 unconstitutional and void. The regional provision encroaches on the exclusive jurisdiction of the State in matters of criminal legislation by determining who can be the passive subject of specific criminal offenses (assault, resistance, contempt). The Constitutional Court clarifies that Autonomous Communities cannot define elements of criminal offenses or extend the scope of criminal protection beyond what is established by national law. It maintains the status of authority agents as merely administrative.