info@societejuridique.com
Madrid: Paseo de la Castellana 216 8 ª Planta
Alicante: Av. Ansaldo Nº31, local 16
24h emergencies: 669 30 21 13
Article 331 Spanish Criminal Code: Negligent offences against protected flora and fauna
Quick answerArticle 331 of the Spanish Criminal Code provides that the conduct covered by the chapter on offences against natural resources and the environment is punished with the next lower penalty where it is committed through gross negligence. It creates no new offence: it reduces the penalty for the intentional forms where intent is absent and there is a serious breach of the duty of care.
Article 331 provides that the acts covered by the chapter on protected flora and fauna are to be punished, where committed by gross negligence, with the penalty of the next lower degree in their respective cases.
Also cited as: article 331 Spanish Criminal Code · art. 331 CP · Spanish Penal Code article 331 · artículo 331 del Código Penal.
Wording of Article 331 of the Spanish Criminal Code
The acts provided for in this Chapter shall be punished, where appropriate, with the penalty of the next lower degree, in their respective cases, where they have been committed by gross negligence.
Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Organic Law 10/1995 of 23 November, the Spanish Criminal Code.
Sentencing range. The penalty laid down for each of the offences of the chapter, lowered by one degree, according to the provision actually infringed.
Key facts
| Nature | A clause criminalising gross negligence in relation to the offences in the chapter, in particular that in Article 325. |
|---|---|
| Sentencing effect | The next lower penalty than that laid down for the corresponding intentional form, in each case. |
| Degree of negligence | Only gross negligence. Less serious and slight negligence fall outside the offence and are not punishable in this field. |
| Duty of care | It is filled out by the applicable environmental rules and by the conditions of any authorisation or licence held, which points to sectoral and regional legislation. |
| Objective attribution | The danger created must be the materialisation of the breach of the duty of care, and not of a causal course outside the protective scope of the rule. |
| Corporate liability | The chapter provides for the criminal liability of legal persons, which makes compliance programmes correspondingly important. |
| Limitation period | Determined under Article 131, by reference to the penalty resulting after the one-degree reduction. |
Elements of the offence
- The objective elements of one of the offences of the chapter on protected flora and fauna, namely Articles 332 to 337 bis.
- Gross negligence instead of intent, which is what brings the reduction into operation.
- That the conduct fall within the chapter, since the provision does not extend to the environmental offences of Articles 325 and following.
- The reduction by one degree, which is mandatory and not discretionary.
Defence strategy
Reclassification as negligence. Where intent cannot be established, the conduct falls within this provision with a penalty a full degree lower. Arguing the reclassification is habitually more productive than disputing the material facts, particularly in cases involving specimens or protected species.
Slight negligence as excluded. The provision requires gross negligence. An error in the identification of a species, reliance upon an administrative authorisation or an unforeseeable event place the conduct outside the criminal sphere altogether.
Reliance upon an administrative authorisation. Activity carried on under a licence or an authorisation, even a defective one, excludes gross negligence where the defect was not apparent. The administrative file is therefore the first material to be obtained.
Expert identification of the species. The classification depends upon the protected status of the species concerned. An expert report for the defence on the identification and on the conservation status is what habitually reduces or removes the charge.
Points of application
The line between indirect intent and gross negligence decides the sentence. In environmental cases the prosecution usually argues indirect intent from awareness of the polluting activity. The defence should focus the debate on whether the specific risk was foreseen and on the corrective measures actually taken, which point to negligence and bring this Article 331 into play.
An administrative authorisation does not in itself exclude the offence, but it defines the duty. The content and conditions of the licence set the standard of care required. Showing compliance with the conditions imposed is the most effective route to excluding gross negligence.
Expert evidence is decisive. Proving serious danger to the balance of natural systems or to human health rests on technical reports. Challenging them with the defence’s own expert, focusing on sampling methods and reference values, is the most productive line of defence.
Defence in this area
If you or your company are facing proceedings in this area, the firm provides defence and prosecution in Alicante and Madrid, with 24-hour assistance to detained persons.
Are you under investigation or facing charges in Spain? Société Juridique acts for foreign nationals throughout Spain, with offices in Alicante and Madrid and a 24-hour custody line. +34 669 30 21 13 or enquire online.
- Article 325 CP: environmental offences
- Environmental offences in Spain
- Planning and environmental offences in Alicante
- Criminal intent and negligence in Spanish law
This entry is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the individual case and requires examination of the case file by a qualified lawyer.
Last reviewed: 21 September 2026.
Frequently asked questions
What does Article 331 of the Spanish Criminal Code provide?
That the conduct covered by the chapter on offences against natural resources and the environment is punished with the next lower penalty where it is committed through gross negligence.
Is any degree of negligence punishable?
No. Only gross negligence. Less serious and slight negligence are not punishable in this field.
What penalty applies?
The next lower penalty than that for the corresponding intentional form. In relation to Article 325(1) that means three to six months of imprisonment, a fine of five to ten months and disqualification of six months to one year.
Where does the duty of care come from?
From the applicable environmental rules and the conditions of any authorisation or licence held, which points to national and regional sectoral legislation.
Does holding an administrative authorisation exclude the offence?
Not by itself, but it defines the standard of care required. Showing compliance with the conditions imposed is the most effective route to excluding gross negligence.
Can the company be liable?
Yes. The chapter provides for the criminal liability of legal persons, which makes the existence and effectiveness of compliance programmes significant.
Paseo De La Castellana 216 8º 28046 Madrid
Alicante – Playa de San Juan Av. Ansaldo 31, local 16, 03540 Alicante
London: 20 Wenlock Road, N1 7GU, United Kingdom
Paris: 72 Faubourg St Honoré, 75008, France
info@societejuridique.com
SERVICES
LINKS
Société de Conseil Juridique et Expert is a law firm with offices in Madrid, Alicante, London and Paris, specialising in criminal law, technology law and economic and corporate crime. We provide strategic guidance in complex criminal proceedings, intellectual property and technological resources for legal decision-making with advanced forensic analysis. Our multidisciplinary team combines legal experience, legal intelligence and personal attention to deliver effective solutions adapted to each case. Legal assistance available 24 hours a day and online consultations.
Copyright © 2026 Société de Conseil Juridique et Expert S.L.
Where we act: Alicante·Madrid·Elche·Torrevieja·Orihuela·Benidorm·Alcoy·San Vicente·Elda·Denia·Villajoyosa·Villena·Novelda·Ibi·All locations
Defence by offence: Drink driving·Robbery and theft·Assault·Sexual offences·Threats·Squatting·Homicide·Criminal records