Environmental Crime: Article 325 of the Criminal Code
In this article
Key Takeaways
- Art. 325 Criminal Code: 2 to 5 years
- Endangerment, not result, offence
- Corporate criminal liability
- Environmental expert evidence is decisive
Environmental crime is governed by Article 325 of the Spanish Criminal Code. Article 325.1 CP punishes with 6 months to 2 years in prison, a fine of 10 to 14 months and special disqualification of 1 to 2 years the emissions, discharges, extractions, noise or deposits that, breaching environmental rules, cause or may cause substantial harm to the air, soil, waters, animals or plants. Where the conduct may seriously harm the balance of natural systems, Article 325.2 CP raises the penalty to 2 to 5 years in prison, a fine of 8 to 24 months and disqualification of 1 to 3 years. It is an endangerment offence: it does not require completed harm, only the capacity to cause serious harm.
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Environmental crime is one of the fastest-growing areas in recent years. As criminal lawyers in environmental offences, we explain the basic offence and the defence strategy.
What Article 325 Criminal Code Punishes
Article 325 of the Criminal Code punishes anyone who, breaching environmental rules, causes or carries out emissions, discharges, noise, extractions or deposits capable of seriously harming the balance of natural systems. The penalty is 2 to 5 years in prison, an 8 to 24-month fine and special disqualification of 1 to 3 years, increased in the aggravated form.
An Endangerment Offence
It is key to understand that this is an endangerment offence: it does not require actual, completed harm to the environment; it is enough that the conduct is capable of seriously harming the natural balance. This shifts the debate to expert evidence on that capacity.
Corporate Liability
Where the offence is committed within a business activity, the criminal liability of the legal entity may be declared. An effective environmental compliance program, with genuine controls over emissions and discharges, can operate as a mitigating or exempting factor.
Defence Strategy
The defence is built on environmental expert evidence (challenging the capacity for serious harm), the correct attribution of the conduct to a specific person and compliance with sector rules and administrative permits.
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Frequently asked questions
Which article of the Criminal Code punishes environmental crime?
Article 325 CP. Section 1 provides for 6 months to 2 years in prison, a fine of 10 to 14 months and disqualification of 1 to 2 years; section 2, where the balance of natural systems may be seriously harmed, raises the penalty to 2 to 5 years in prison, a fine of 8 to 24 months and disqualification of 1 to 3 years.
Why is it described as an endangerment offence?
Because it does not require actual, completed harm to the environment. It is enough that the conduct is capable of causing substantial harm or of seriously harming the natural balance. The evidentiary debate therefore shifts to the expert evidence assessing that capacity.
Can a company be held criminally liable for an environmental crime?
Yes. Where the offence under Article 325 CP is committed within a business activity, the criminal liability of the legal entity may be declared (Art. 31 bis CP). An effective environmental compliance programme, with genuine controls over emissions and discharges, can operate as an exempting or mitigating factor.
Is the penalty increased if there is a risk to human health?
Yes. Article 325.2 CP itself provides that, where a risk of serious harm to human health is created, the prison sentence is imposed in its upper half, and may even reach the next degree up.
How is a defence against an environmental crime accusation built?
The defence is built on environmental expert evidence challenging the conduct's capacity to cause serious harm, on the correct attribution of the act to a specific person, and on compliance with sector rules and the administrative permits in force.
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