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.
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.
| 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. |
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.
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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.
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.
No. Only gross negligence. Less serious and slight negligence are not punishable in this field.
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.
From the applicable environmental rules and the conditions of any authorisation or licence held, which points to national and regional sectoral legislation.
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.
Yes. The chapter provides for the criminal liability of legal persons, which makes the existence and effectiveness of compliance programmes significant.