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Article 266 of the Spanish Criminal Code: criminal damage by fire, explosion or danger to persons
Quick answerArticle 266 aggravates criminal damage committed by fire, explosion or any other means of comparable destructive power, or endangering the life or physical integrity of persons. Sentences range from one to eight years of imprisonment depending on the underlying form of damage, and are imposed in their upper half where explosion and danger to persons concur.
This provision is the aggravated form of criminal damage and is drafted by reference to articles 263, 265, 323 and 560, so that understanding it requires first examining the relevant basic offence. The rationale for aggravation is twofold: the particular destructive power of the means employed and the risk it creates for personal legal interests. The closing reference to article 351 is of capital practical importance, since it marks the boundary between criminal damage and the offence of arson.
Also cited as: article 266 Spanish Criminal Code · art. 266 CP · Spanish Penal Code article 266 · artículo 266 del Código Penal.
Wording of the provision
1. Any person who commits the damage provided for in paragraph 1 of article 263 by means of fire, or by causing explosions, or by using any other means of comparable destructive power or which generates a significant risk of explosion or of causing other damage of particular gravity, or by endangering the life or physical integrity of persons, shall be punished with one to three years of imprisonment.
2. Any person who commits the damage provided for in paragraph 2 of article 263 in any of the circumstances mentioned in the preceding paragraph shall be punished with three to five years of imprisonment and a fine of twelve to twenty-four months.
3. Any person who commits the damage provided for in articles 265, 323 and 560 in any of the circumstances mentioned in paragraph 1 of this article shall be punished with four to eight years of imprisonment.
4. In any of the cases provided for in the preceding paragraphs, where the damage is committed with the causing of explosions or the use of other means of comparable destructive power and, in addition, the life or physical integrity of persons is endangered, the penalty shall be imposed in its upper half.
In the case of fire, the provisions of article 351 shall apply.
Consolidated text published by the Spanish Official State Gazette, Organic Act 10/1995 of 23 November, the Criminal Code. Unofficial English rendering; the Spanish text is the authentic one.
Sentencing range. One to three years of imprisonment under paragraph 1; three to five years of imprisonment and a fine of twelve to twenty-four months under paragraph 2; four to eight years of imprisonment under paragraph 3. The penalty is imposed in its upper half where explosion or a comparable means concurs with danger to the life or physical integrity of persons.
Key facts
| Location | Book II, title XIII, chapter IX of the Criminal Code, on criminal damage |
|---|---|
| Protected interest | Property, with anticipated protection of life and physical integrity |
| Drafting technique | Aggravated form by reference to articles 263, 265, 323 and 560 |
| Aggravating means | Fire, explosion, comparable destructive means, or danger to persons |
| Concurrence clause | Express reference to article 351 in the case of fire |
| Further aggravation | Concurrence of explosion and danger to life or physical integrity |
| Current wording | Sole article 149 of Organic Act 1/2015 of 30 March, as to paragraphs 1 and 2 |
Elements and scope
- Prior commission of the conduct of criminal damage, that is, destroying, damaging or rendering useless another’s property, under the provision to which each paragraph refers.
- Use of fire, explosion or a means of comparable destructive power, or creation of a significant risk of explosion or of damage of particular gravity.
- Alternatively, creation of a specific danger to the life or physical integrity of persons, which case law requires to be proven and not merely hypothetical.
- Intent covering both the damaging result and the means employed and the risk created; recklessness suffices as to the danger.
- Under paragraph 4, cumulative concurrence of explosion and personal danger, which requires the penalty to be imposed in its upper half.
Points of application
Boundary with the offence of arson. The closing reference to article 351 requires that, where fire entails danger to the life or physical integrity of persons, the classification shifts to arson. Article 266 is left for fires affecting another’s property without such personal risk, in line with the settled case law of the Second Chamber.
Specific, not abstract, danger. The Supreme Court requires danger to persons to be proven by objective data, such as the presence of occupants, the proximity of dwellings or the time of commission. A generic invocation of risk is not enough for aggravation.
Delimiting a means of comparable destructive power. The analogical clause requires a means comparable in power to fire or explosion, so it cannot be extended to ordinary instruments of destruction however high the value of the damage.
Vehicles set alight in the street. This is the most frequent case. Classification depends on the vehicle’s location and foreseeable spread: where it was in a garage or adjoining inhabited buildings, the prevailing view favours article 351.
Relationship with article 263.2. The reference in paragraph 2 to the aggravated damage of article 263.2 allows the aggravation by means to be combined with that derived from the nature of the property affected, which calls for rigorous scrutiny of proportionality in sentencing.
Defence strategy
Deny specific danger to persons. This is the principal line. The absence of occupants, the isolation of the damaged property, the time of the events and the immediate intervention of the fire service should be established.
Argue for the basic offence. If the means employed does not reach the destructive power of fire or explosion, the classification must revert to articles 263 and following, with the consequent reduction in sentence.
Dispute authorship and intent. Fires affecting vehicles and refuse containers are frequently proven by circumstantial evidence. The chain of custody of the remains, the fire brigade’s report and the soundness of the inference must be examined.
Examine concurrence with article 351. A double conviction for aggravated damage and arson infringes the principle against double punishment. Concurrence of provisions and resolution by speciality should be invoked.
Weigh reparation of the damage. Depositing the value of the damage before trial supports the mitigating circumstance of article 21.5, which is decisive where the minimum sentence exceeds two years of imprisonment.
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.
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This page is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the case and requires review of the file by a lawyer. The English rendering of the legal text is unofficial.
Last reviewed: 21 September 2026.
Frequently asked questions
What is the difference between damage by fire and the offence of arson?
Article 266 punishes damage caused by fire where there is no danger to the life or physical integrity of persons. Where such danger exists, the conduct is classified under article 351, to which the provision itself refers.
Is it enough that people were nearby?
No. The danger must be specific and proven, through data such as the actual presence of persons, the proximity of inhabited dwellings or the fire’s capacity to spread. Mere abstract possibility does not aggravate.
What sentence applies for burning a vehicle?
Where the conduct is damage under article 263.1 committed by fire without personal danger, the sentence is one to three years of imprisonment. Where danger to persons concurs, article 351 applies, with a markedly higher sentence.
Can the sentence be suspended?
Only where the sentence imposed does not exceed two years, which is possible under paragraph 1 depending on the mitigating circumstances. Under paragraphs 2 and 3 the minimum sentence precludes it.
Does repairing the damage help?
Yes. Reparation before trial allows the mitigating circumstance of article 21.5, and even its qualified form, with a reduction of one or two degrees under article 66.
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