'Reparations to victims - national proceedings' in document 'Spain - Criminal Code (ENG)'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE V
On civil liability arising from the felonies and misdemeanours and costs

CHAPTER I
On civil liability and its scope

Article 111

1. Whenever possible, the same asset shall be returned, paying for the deterioration and damage the Judge or Court of Law shall determine. Restitution shall take place, even though the asset may be in the possession of a third party who may have acquired it legally and in good faith, notwithstanding his right to take further action against the relevant party and, when appropriate, entitlement to be compensated by the party civilly accountable for the felony or misdemeanour.

2. This provision is not applicable when the third party has acquired the asset in the manner and with the requisites established by the laws to make them irretrievable.

Article 112

Reparation of the damage may consist of obligations to give, to do or to abstain from doing that the Judge or Court of Law shall establish in view of the nature thereof and the personal conditions and assets of the offender, determining whether they are to be carried out personally by him or carried out at his expense.

Article 113

Compensation of material and moral damages shall include not only those caused to the victim, but also those caused to relatives thereof or third parties.

Article 114

Should the victim have contributed to causing the damage or loss suffered with his conduct, the Judges or Courts of Law may mitigate the amount of reparation or compensation.