Criminal Lawyers in Flora & Fauna Damages

Crimes against protected flora and fauna are regulated in Chapter IV of Title XVI of the Spanish Criminal Code and represent one of the fastest-growing areas of European environmental criminal law. The protected legal interest is twofold: on one side, biodiversity as a collective natural heritage recognised in Article 45 of the Constitution; on the other, ecosystems and genetic resources as the material basis of life. Criminal typicality is articulated around Articles 332 CP (offences relating to protected flora), 334 CP (hunting or fishing of endangered species), 335 CP (hunting or fishing with prohibited means or invalid licence), 336 CP (use of poisons, explosives or non-selective methods) and 337 CP (animal cruelty). Consolidated Supreme Court case-law has refined the typical elements and clearly distinguished the administrative infringement from the criminal offence, requiring for the latter qualified intent of ecosystem damage and impact on truly significant species, habitats or quantities.

The methods of commission form an extensive and technically complex catalogue. Art. 332 CP punishes whoever cuts, fells, burns, uproots, collects or illegally traffics in threatened flora species or subspecies, or destroys or seriously alters their habitat, with 4 months to 2 years' prison or 8 to 24 months' fine. Art. 334 CP punishes hunting, fishing, acquisition or possession of threatened species with 6 months to 2 years' prison, 8 to 24 months' fine and 2 to 4 years' special disqualification; when the species is endangered, the penalty is imposed in its upper half. Art. 335 CP covers hunting or fishing without the required authorisations. Art. 336 CP punishes with 4 months to 2 years' prison or 8 to 24 months' fine the use of poisons, explosives, toxic gases or non-selective instruments or methods (snares, traps, nets, glue, poisoned baits), with aggravation if it affects catalogued species. Art. 337 CP, reformed by Organic Law 3/2023, has toughened penalties for animal cruelty, expanded the catalogue of passive subjects (vertebrate animals, domestic, tamed or habitually domesticated) and raised penalties to 3-18 months' prison with reinforced professional disqualification.

The applicable regulatory framework goes beyond the Criminal Code and requires coordinated handling of national, regional and EU sources. Act 42/2007 on Natural Heritage and Biodiversity and Royal Decree 139/2011 regulate the Spanish List of Wild Species under Special Protection and the Catalogue of Threatened Species (categories "endangered" and "vulnerable"). The Habitats Directive 92/43/EEC and the Birds Directive 2009/147/EC articulate the Natura 2000 Network with SAC, SCI and SPA zones. The CITES Convention regulates international trade in endangered species, breach of which concurs with the smuggling offence (LO 12/1995, reformed by LO 6/2011). Each Autonomous Community has its own catalogues (Andalusian, Madrid, Catalan Threatened Species Catalogues) and hunting and fishing laws specifying open seasons, authorised methods and game species. SEPRONA (the Guardia Civil's Nature Protection Service) is the specialised unit investigating these offences, with support from the Environmental Coordinating Prosecutor.

The technical defence rests on four axes consolidated by case-law. First, discussion of the catalogued status of the affected species: the principle of legality (Art. 25 CE) requires the species to be expressly listed in the Catalogue at the time of the facts; recently reclassified or not formally catalogued species fall outside Art. 334 CP. Second, the subjective element of the offence: the crime requires at least eventual intent regarding the protected status of the specimen; invincible mistake about typical elements (Art. 14.1 CP) excludes criminal liability and downgrades the act to an administrative infringement. Third, material unlawfulness: any damage will not suffice; real ecological impact on the species or habitat must be proven through independent biological, geomatic or forestry expert evidence. Fourth, challenge to SEPRONA expert reports: review of the biological sample chain of custody, validity of DNA analyses, geolocation of traps, preservation of bodies and nests. The criminal liability of legal persons (Art. 31 bis CP) also enables deploying environmental compliance programmes as mitigating or exempting circumstances for agricultural, forestry, energy or construction companies.

Recent forensic practice shows a notable intensification of criminal prosecution in these areas. Proceedings have multiplied for use of poisoned baits against canids and raptors (anti-poaching campaigns in Castilla y León, Extremadura and Andalusia), for CITES trafficking of exotic birds, reptiles and plants (ports of Barcelona, Algeciras and airports), for habitat destruction through unassessed works, for illegal logging of unique or protected trees and for animal cruelty after the entry into force of LO 3/2023. Organic Law 1/2025 on Justice Service Efficiency and Directive (EU) 2024/1203 on environmental crimes have reinforced the European framework. At Alonso Sala, we defend hunters, farmers, ranchers, agroforestry entrepreneurs, estate owners, distributors of plant-protection products and individuals accused of these offences. We approach each case with an independent team of biologists, forestry engineers, geomatic specialists and veterinarians, articulating a defence that combines the technical-scientific and the legal-procedural dimensions and, where possible, manages environmental reparation as a qualified mitigating circumstance under Art. 21.5 CP.