The Supreme Court upholds a two-year prison sentence for a graffiti artist who painted a carriage, recognising that the act affects the operability of transport, potentially causing stoppages, delays and service disruptions. The judges argue that the damage goes beyond aesthetic value, impacting on the operational capacity of the transport system.
The Supreme Court upheld a two-year prison sentence for graffiti on a Bilbao metro carriage. Despite the defendant's defence, the Supreme Court held that the graffiti caused more than aesthetic damage, affecting the anti-graffiti layer of the carriage. An aggravating circumstance of damage to public service was applied, considering that the act of vandalism affected the provision of public transport. The Chamber rejected the interpretation that the aggravating circumstance only applies to damage in excess of 400 euros. The appeal was dismissed and the obligation to pay the costs of the proceedings is maintained.
Source: Legal news.
