Arson and Wildfire Defense Lawyers
Specialized criminal defense in the arson offenses of Arts. 351 to 358 of the Spanish Criminal Code, with particular attention to wildfires and negligent arson.
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Legal Framework of the Arson Offenses
The Spanish Criminal Code devotes a specific title to the arson offenses (Articles 351 to 358). Article 351 CP punishes arson that endangers the life or physical integrity of persons with imprisonment of 10 to 20 years. Where that danger does not concur, the facts are reclassified as criminal damage. Correct classification is therefore decisive.
Wildfires (Art. 352 CP)
Article 352 CP specifically punishes wildfires with imprisonment of 1 to 5 years and a fine. The penalty is aggravated where the fire endangers the life or integrity of persons, or where it reaches special gravity due to its extent or the serious deterioration or destruction of the natural environment. It is one of the areas with the most litigation in the summer months.
Arson by Negligence
Article 358 CP punishes arson caused by gross negligence. It is a very frequent form: agricultural burns that get out of control, negligence in the use of fire or in rural work. The defense focuses on distinguishing gross negligence — criminally relevant — from slight negligence or accident, which fall outside the criminal offense.
Expert Evidence and Cause Investigation
In arson offenses, the expert evidence on the origin and cause of the fire is almost always the decisive element. Fire investigation reports determine the point of origin, the causing agent and possible human intervention. The defense analyzes this expert evidence rigorously, and may submit a party-appointed expert report to challenge its conclusions.
Defense Strategies
The defense is built on the discussion of authorship and the origin of the fire, the distinction between intent and negligence, the delineation between gross and slight negligence, the assessment of the real danger to life and the challenge to the prosecution's expert evidence. Each front may lead to dismissal, reclassification or a relevant reduction of the penalty.
Penalty Chart
| Type / Scenario | Criminal Penalty |
|---|---|
| Arson endangering life | Art. 351 CP provides for imprisonment of 10 to 20 years where arson endangers life or integrity. |
| Wildfire | Art. 352 CP provides for imprisonment of 1 to 5 years and a fine, aggravated by danger to persons or the gravity of the harm. |
| Arson by gross negligence | Art. 358 CP punishes arson caused by gross negligence with the penalty lowered by one degree. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Our Defense Strategy
Party-appointed expert report on the cause
Submission of an own technical report disputing the origin and cause of the fire.
Defense by absence of gross negligence
Proving the conduct did not exceed slight negligence or that there was an accident.
Discussion of the classification
Delineating between the arson of Art. 351, the wildfire offense and the criminal damage offenses.
Mitigating factors and repair
Assessment of mitigating factors, of collaboration in extinguishing the fire and of repair of the harm caused.
Environmental and Urban Planning Crimes in Spain: Defence Guide
Environmental crimes (Arts. 325-340 CP) and urban planning crimes (Arts. 319-320 CP) are increasingly prosecuted in Spain, especially following EU environmental directives. Directors of companies, urban planners, and public officials can be held personally liable for environmental harm caused by their organisations.
Penalty Table: Environmental and Urban Planning Crimes
| Offence | Article | Penalty |
|---|---|---|
| Pollution causing serious environmental risk | Art. 325 | 6 months – 2 years + fine |
| Serious pollution (Art. 326 aggravated) | Art. 326 | 2 – 5 years |
| Illegal waste dumping | Art. 328 | 6 months – 2 years + fine |
| Protected species crimes | Art. 334 | 6 months – 2 years |
| Illegal construction on non-buildable land | Art. 319.2 | 1 – 3 years + demolition order |
| Illegal construction on specially protected land | Art. 319.1 | 1 – 4 years + demolition order |
| Official granting illegal planning permission | Art. 320 | 1 – 3 years + disqualification |
| Forest fire (arson) | Art. 351-352 | 1 – 5 years |
Key Defence Strategies
Challenging the 'Serious Risk' Threshold
Art. 325 requires a serious risk to natural equilibrium or human health. If the environmental impact was minor, temporary or fully remediated, the prosecution must prove the risk threshold was met. Independent expert reports are decisive.
Regulatory Compliance Defence
Environmental crimes require acting contrary to administrative regulations. Demonstrating that the activity was authorised, had all required permits, and complied with applicable administrative restrictions is a complete defence.
Urban Planning: Land Classification Challenge
For Art. 319, whether the land is 'non-buildable' or 'specially protected' is often disputed. Urban planning law is complex and classifications change. Challenge the applicable land classification at the time of construction.
Individual Liability of Corporate Managers
Directors can be prosecuted for acts of the company if they knew about and failed to prevent the environmental harm. The defence challenges: (1) their actual knowledge, (2) their factual ability to prevent it, and (3) whether they relied on specialist authorisations.
Why Choose Us?
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The judicial system is complex. We have the criminal-law specialisation and technical resources required to take on the defence.