Article 352 Spanish Criminal Code: Forest fires

Frequently asked questions

What penalty does Article 352 of the Spanish Criminal Code provide for forest fires?

Imprisonment of one to five years and a fine of twelve to eighteen months. Where a danger to the life or physical integrity of persons has existed, the penalty is that of Article 351 together with a fine of twelve to twenty four months.

What are the elements of the offence under Article 352 of the Spanish Criminal Code?

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

What defence strategy applies to a charge under Article 352 of the Spanish Criminal Code?

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.

Is the English text of Article 352 of the Spanish Criminal Code official?

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.