delitos

Delitos is a term used in many Spanish-speaking legal systems to describe offenses that are prohibited by criminal law and punishable by the state. In civil law traditions, a delito is an act or omission that harms public interests or protected rights and is subject to criminal proceedings. Not every harmful act qualifies as a delito, since civil liability or administrative penalties may apply in other contexts.

A delito typically requires several elements: conduct that matches a defined criminal type (tipicidad); unlawfulness, meaning the conduct violates the criminal law without justifying a legal excuse; culpability, reflecting the actor’s mental state or negligence; and punibilidad, indicating that the act is subject to punishment. Many systems also contemplate attempts and participation by others (accomplices or instigators).

Delitos are commonly classified by nature and by severity. Categories include delitos contra la vida y la integridad (homicide, lesiones), delitos contra la libertad (secuestro, amenazas), delitos contra la propiedad (robo, hurto, fraude), and delitos contra la administración pública (cohecho, malversación). Within these, distinctions often exist between delitos dolosos (intencionales) and delitos culposos (negligentes). Some jurisdictions differentiate between delitos penales and faltas or infracciones administrativas, with different penalties and procedures.

Enforcement of delitos occurs through criminal prosecution, typically conducted by the state in a court system, with due process for the accused. Penalties vary widely and can include imprisonment, fines, restitución, community service, and rehabilitative or preventive measures. The overarching purpose of criminal law is to deter wrongdoing, punish culpable conduct, protect victims and society, and, where possible, rehabilitate offenders.

Although “delitos” is Spanish for crimes, the concept aligns with universal notions of conduct that the law deems punishable, even as definitions and sanctions differ by country.