Did you know that the law can completely exonerate a person from criminal liability, even if they have committed a crime? This is possible when so-called grounds for exemption are present. In this article, we explain what they are, which ones exist in the Spanish legal system, and how a criminal defense attorney can help you use them in your defense.
Grounds for exemption are circumstances recognized by the Penal Code that, if present in a case, exclude the criminal liability of the accused. In other words, they allow a typical and unlawful act to be non-punishable, considering that the perpetrator acted under conditions that justify or excuse their conduct.
What are grounds for exemption from criminal liability?
These grounds can be of two types:
- Grounds of justification: when the act is not unlawful (for example, in self-defense).
- Grounds of non-culpability or non-exigibility: when the subject, although acting in a typical and unlawful manner, cannot be considered guilty for psychological, legal or social reasons (for example, insurmountable fear or mental anomaly).
The Spanish Penal Code regulates grounds for exemption in article 20, establishing a closed list of circumstances that can eliminate total criminal liability. When they do not fully apply, they can act as mitigating analogous circumstances, reducing the sentence.
What are the grounds for exemption in the Cod
Do you need an attorney specialized in sex crimes?
Do you need an attorney specialized in assault and battery?
Mental disorders or states
Mental impairment (art. 20.1 CP)
When does the mental impairment exemption apply?
It applies when the perpetrator of the crime suffers from a severe mental anomaly or disorder that prevents them from understanding that what they are doing is illegal, or acting in accordance with that understanding. That is, they do not have the real capacity to distinguish between right and wrong at that moment.
What mental illnesses can give rise to this exemption?
Case law has recognized, among others:
- Paranoid or disorganized schizophrenia
- Acute psychotic disorders
- Dementias
- Delusional disorders
- Severe confusional states
What are the requirements demanded by the Supreme Court?
- Existence of a clinically relevant mental disorder.
- Direct relationship with the moment of the crime.
- Reliable psychiatric or medical expert evidence.
- Compatibility of the behavior with the alleged disorder.
What are the consequences if this exemption applies?
If fully proven, an acquittal is issued. However, if there is a risk of criminal recidivism, the judge may impose a security measure (such as confinement in a psychiatric center).
When the disorder only partially reduces mental capacity, it is applied as an incomplete exemption, wh
Do you need an attorney specialized in crimes against authority?
Do you need an attorney specialized in domestic violence?
How is an exemption applied in Criminal Law?
What did the Courts require before?
For many years, courts required clear, direct evidence without any doubt to apply an exemption. If the judge had doubts, even minimal ones, that cause of exemption was not recognized. This left out many borderline situations, where there were indeed signs of disorder or justification, but not absolute proof.
Jurisprudential change: requirement for the operability of «in dubio pro reo«
What does case law say now?
The Supreme Court has changed that criterion. Today, if there are reasonable doubts about whether all the requirements of an exemption are met, the accused must be acquitted. This is what is known as application of the «in dubio pro reo» principle: in case of doubt, the decision favors the defendant.
This shift does not mean that a simple suspicion is enough. It is still necessary to provide minimum evidence, coherent and solid. But if that evidence generates uncertainty about the defendant’s guilt, a sentence cannot be imposed.
Why is this change important for the accused?
Because it is no longer necessary to prove the exemption with total certainty. It is enough to build a credible defense, supported by expert reports, witnesses or objective data, that sows reasonable doubt about imputability.
This is key in crimes committed in borderline states: people with mental disorders, victims who
Do you need an attorney expert in fraud crimes?
Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.