Article 331 Spanish Criminal Code: Negligent offences against protected flora and fauna

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.

Wording of Article 331 of the Spanish Criminal Code

Elements of the offence

1. The objective elements of one of the offences of the chapter on protected flora and fauna, namely Articles 332 to 337 bis.
2. Gross negligence instead of intent, which is what brings the reduction into operation.
3. That the conduct fall within the chapter, since the provision does not extend to the environmental offences of Articles 325 and following.
4. 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.

• 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.