Portal de la Dependencia
Information Sections
TITLE III: Infringements and sanctions
- Article 42. Responsible parties.
- Article 43. Infringements.
- Article 44. Classification of infringements.
- Article 45. Sanctions.
- Article 46. Period of Statutory Limitation.
- Article 47. Competences.
Article 42. Responsible parties.
1. Only the natural or legal persons that are responsible for actions that constitute an administrative infringement may be sanctioned for such actions.
2. Those that carry out such actions by themselves, in association with others or through an intermediary person shall be considered to be the authors of the infringements that are typified by this Act.
3. Those that cooperate in the execution of such infringements by means of an action or omission without which the infringement could not have been committed shall also be considered to be authors.
Article 43. Infringements.
The following shall constitute infringements:
- Hindering or impeding the exercise of any of the rights acknowledged in this Act.
- Obstructing the action of the inspection services.
- Refusing to provide information or providing false data.
- Applying the financial benefits to purposes other than those for which they are granted and receiving financial aid or aid in kind that is incompatible with the benefits established in this Act.
- Failing to comply with the regulations regarding opening andoperation permits and the accreditation of centres that provide care for dependent persons.
- Treating the dependent persons in a discriminatory manner.
- Violating the dignity of the dependent persons.
- Causing harm or situations of risk to physical or psychological integrity.
- Failing to comply with the specific requirements that are formulated by the competent Public Administrations.
Article 44. Classification of infringements.
1. Infringements shall be classified as minor, serious and very serious, in accordance with the criteria of risk to health, seriousness of the social alteration produced by the events, the amount of the benefit obtained, the intentionality, the number of people affected and recidivism. para la salud, gravedad de la alteración social producida por los hechos, cuantía del beneficio obtenido, intencionalidad, número de afectados y reincidencia.
2. Infringements typified in accordance with article 43 shall be classified as minor when they have been committed due to imprudence or simple negligence and do not constitute direct harm for the dependent people.
3. Infringements typified in accordance with article 43 shall be classified as serious when they involve harm to persons or when they have been committed with deceit or serious negligence. Infringements involving any of the following circumstances shall also be considered as serious:
- Recidivism of minor offence.
- Absolute refusal to provide information or collaborate with the inspection services, and misrepresentation of the information provided to the Administration.
- Duress, threats, reprisal or any form of pressure exercised on the dependent persons or their families.
4. Infringements defined as serious shall be classified as very serious if any of the following circumstances are present:
- If they constitute a serious attack on the person’s fundamental rights.
- If a serious loss is generated for the dependent population or for the Administration.
- If they involve recidivism of a serious offence.
5. Recidivism occurs in the case where when the infringement is committed, the individual has already been sanctioned for this same offence or for another of the same or greater degree of seriousness or for two or more less serious infringements in the last two years.
Article 45. Sanctions.
1. Infringements of this Act shall be sanctioned by the competent administrations with the loss of the benefits and subsidies for the beneficiaries; a fine for non- professional carers; and a fine and where applicable, loss of subsidies, temporary cease of activity or closure of the establishment, premises or company for the companies providing the services. In any case, the sanction shall require that all amounts unlawfully received be returned.
2. The graduation of the sanctions shall be proportionate to the infringement committed and shall be established and weighted according to the following criteria:
- Seriousness of the infringement.
- Seriousness of the social alteration and damage caused.
- Risk to health.
- Number of affected parties.
- Benefit obtained.
- Degree of intentionality and reiteration.
3. The graduation of the fines shall be as follows:
- For minor infringements, a fine of up to 300 euros for the carers and up to thirty thousand euros for the service providers.
- For serious infringements, a fine of between three hundred and three thousand euros for the carers; and of between thirty thousand and one euros and ninety thousand euros for the service providers.
- For very serious infringements, a fine of between three thousand and one and six thousand euros for the carers; and of between ninety thousand and one euros and one million euros for the service providers.
4. In such cases where it is agreed to suspend the benefits or subsidies, the suspension shall be graded between one and six months depending on the seriousness of the infringement.
5. Moreover, in especially serious cases — recidivism of infringement or notorious, serious transcendence — very serious infringements shall be sanctioned with the temporary suspension of activity for a maximum of five years or, where applicable, with the closure of the company or of the service or establishment.
6. During the process of obtaining evidence in the sanction proceeding, the competent Administration may agree, as an interim measure, to suspend all forms of grants or financial subsidies that the private individual or infringing entity has obtained or applied for from the said Public Administration.
7. During the process of obtaining evidence in the proceeding for serious or very serious infringements and given the possibility of losses that would be difficult or impossible to repair occurring, the competent Administration may agree, as an interim measure, to close the centre or suspend its activity.
Article 46. Period of Statutory Limitation.
1. The infringements that are referred to in this Act shall expire:
- After one year, in the case of minor infringements.
- After three years, in the case of serious infringements.
- After four years, in the case of very serious infringements.
2. The period of statutory limitation shall start to be counted from the day on which the infringement has been committed and it shall be interrupted by the initiation of the sanctioning proceeding, with the knowledge of the interested party.
3. Sanctions that are imposed for very serious offences shall expire after five years, for serious offences after four years and for minor offences after one year.
Article 47. Competences.
1. The Autonomous Communities shall implement the table of infringements and sanctions foreseen in this Act.
2. The initiation and filing of the infringement proceeding and the imposition of the corresponding sanctions shall be the responsibility of each Public Administration in the scope of its respective competences.
3. In the scope of the General State Administration, the following bodies shall be competent in imposing the sanctions for conduct foreseen as infringements in article 43:
- The Director General of the General Directorate of the Institute for Older Persons and Social Services, in the case of sanctions for minor infringements.
- The Secretary of State of the State Secretariat of Social Services, Families and Disability, in the case of sanctions for serious infringements.
- The Minister of Labour and Social Affairs, in the case of sanctions for very serious infringements. However, the prior consent of the Cabinet of Ministers shall be required when the sanctions are for an amount in excess of 300,000 euros or in cases in which the company is to be closed or the service or establishment is to be shut down.
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