Self-Defense Law in Spain: A Legal Guide

Understanding self-defense (legítima defensa) under Spanish criminal law — when it applies, proportionality requirements, and your rights if charged.

Self-defense (legítima defensa) is a complete defense under Article 20.4 of the Spanish Criminal Code. Understanding its requirements is essential for anyone living in Spain.

Requirements for Self-Defense

Three cumulative requirements must be met:

  1. Unlawful aggression: There must be a real, current or imminent attack
  2. Rational necessity of the means used: The defensive response must be proportionate
  3. Lack of sufficient provocation: You must not have provoked the attack

Proportionality

Spanish courts apply a strict proportionality test. Using a weapon against an unarmed attacker, for example, may not qualify unless the disparity in physical strength justified it.

Excess in Self-Defense

If you use excessive force, you may still be convicted but with a reduced penalty (Article 21.1 of the Criminal Code).

Defense of Property

Spanish law does not allow lethal force to protect property alone. The defense of property without an attack on a person is governed by different rules.

What to Do If Charged

If you are charged after defending yourself, you need immediate legal representation. At Bufete Padilla, our criminal law team will protect your rights from the first police statement.