delito

Delito is a term used in many Spanish-speaking legal systems to denote a crime or criminal offense. It derives from the Latin delictum, meaning a violation or wrongdoing, and is used across various jurisdictions to refer to conduct that is prohibited by law and punishable by the state.

In criminal law, a delito is conduct that violates criminal norms and is subject to sanction. Typical elements include a prohibited act (actus reus), a culpable mental state (mens rea) such as intent or negligence, legality (the act must be defined as criminal by law), and causation linking the act to the prohibited result. Some frameworks also require absence of justification or excuse.

Delitos are often categorized by gravity and by the offender’s mental state. Many codes distinguish delitos dolosos (intentional crimes) from delitos culposos (negligent crimes), and classify offenses as graves (felonies) or leves (misdemeanors) or into other thematic groups such as violent, property, or fraud. In some jurisdictions, a parallel category exists for administrative infractions or faltas/infracciones, which are typically less serious and carry lighter penalties.

Procedural aspects center on criminal prosecution by public authorities. The accused generally benefits from the presumption of innocence and must be proven guilty beyond a reasonable doubt. Sanctions vary by jurisdiction and offense, and can include imprisonment, fines, probation, community service, or restorative justice measures.

The term is distinct from related notions such as delito civil, which concerns civil liability for wrongful conduct, and from casual everyday usage of “crime.” Because definitions and penalties differ among legal systems, the precise meaning of delito depends on national or regional criminal codes.