Article 352 Spanish Criminal Code: Forest fires

Article 352 punishes the setting of fire to woodland or forest with imprisonment of one to five years and a fine of twelve to eighteen months, and refers the acts to Article 351 where a danger to the life or physical integrity of persons has existed.

Wording of Article 352 of the Spanish Criminal Code

Elements of the offence

1. The setting of fire to woodland or forest, a concept defined by the forestry legislation.
2. Intent covering the setting of the fire, negligent conduct falling under Article 358.
3. The absence of any danger to the life or physical integrity of persons, whose presence refers the conduct to Article 351.
4. Where applicable, the aggravating circumstances of Article 353 and the restoration measures of Article 355.

Defence strategy

The concept of woodland or forest. The provision protects woodland and forest as defined by the forestry legislation. Scrubland, agricultural land, stubble and areas which have lost that classification fall outside it, and the cadastral and forestry documentation is decisive.

Reclassification as negligence. Article 358 punishes the negligent causing of a fire with a far lower frame. Agricultural burning, works with machinery and electrical faults are habitual origins which exclude intent, and the expert report on the origin of the fire is the central evidence.

Absence of danger to persons. The second subparagraph refers the conduct to Article 351 only where a danger to persons existed. Establishing the distance to dwellings and the absence of any person within reach of the fire keeps the case within the basic frame.

Restoration and mitigation. The measures of restoration of the burned area, and the payment of the cost of extinguishing the fire, operate as a mitigating circumstance of reparation under Article 21.5 and, where substantial, as a very qualified one.

• Article 351 CP: arson endangering life
• Article 325 CP: environmental offences
• Arson and fire offences in Spain
• Environmental offences in Spain

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.