The recent DANA (Aisolated Depression in High Levels of the Atmosphere) that hit the Valencian Community not only caused significant material damage but also sparked a troubling phenomenon: criminals taking advantage of the disaster to commit thefts and looting. This has prompted the Valencia Prosecutor’s Office to take drastic measures, including requesting pretrial detention for those arrested under suspicion of committing crimes during the disaster. But is this approach justified? How does the vulnerability of the community impact the legal response? In this article, we explore the legal implications of exploiting a DANA for criminal activity and the effects of such behavior in criminal law.
Why Do Criminals Exploit a DANA to Commit Crimes?
When a natural disaster like a DANA strikes, the consequences are inevitable: flooding, infrastructure collapse, and increased vulnerability among affected populations. In such chaotic scenarios, some criminals attempt to take advantage of the situation by committing thefts and looting. The absence of police presence in certain areas, combined with the fear and confusion experienced by the public, creates an ideal environment for property crimes.
Additionally, the psychological impact of the disaster amplifies the victims’ sense of helplessness. Criminals act in the immediate aftermath of the catastrophe, knowing that their actions may not be detected right away, which gives them greater opportunities for impunity. This situation is seen as an aggravating factor under Article 22 of the Spanish Penal Code.
The Aggravating Factor of Exploiting a DANA
The Spanish Penal Code establishes that when a crime is committed under conditions of chaos or general vulnerability, such as during a DANA, it is considered an aggravating factor. According to Article 22, exploiting a situation of risk or danger to the community makes the crime more severe. This is exactly what occurred during the Valencia DANA, where looting and thefts flourished in areas left vulnerable by the catastrophe.
Jurisprudence from the Spanish Supreme Court has clarified that taking advantage of special circumstances—like the difficulty for victims to react or the lack of protection—should be treated as a more serious crime. This implies that the criminal’s behavior is worse because they act opportunistically, exploiting a situation where it’s harder for victims to defend themselves or for authorities to intervene.
Pretrial Detention in Aggravated Crime Cases Related to a DANA
Pretrial detention is an exceptional legal measure that restricts a defendant’s freedom before their case is adjudicated. In the context of crimes committed during a DANA, the public alarm caused by looting and theft has been used as a justification for applying pretrial detention.
The Valencia Prosecutor’s Office has requested pretrial detention for several individuals arrested for criminal activity in the affected areas, arguing that the seriousness of the crimes, coupled with the emergency situation, requires a strong response to prevent further criminal actions and ensure social stability. The public disturbance caused by these crimes has a direct impact on the recovery process for the community, so applying pretrial detention is seen as a form of general prevention against crime.
Conclusion: An Aggravated Crime Requiring Legal Action
Criminals who exploit a DANA to commit crimes not only violate the property rights of victims but also escalate the severity of their actions by doing so in a context of widespread vulnerability. The Penal Code treats this as an aggravating factor, and jurisprudence reinforces the gravity of such conduct. Pretrial detention in these cases is intended to maintain order and security in times of crisis, while also delivering a strong legal response to those who seek to profit from others’ suffering.
If you are a victim of a crime related to a DANA, it is crucial to consult with a criminal defense lawyer who can help you understand your rights and defend your interests in such a complex legal context.
Sandra Márquez
Criminal Lawyer & CEO Expat&Legal Spain