Criminal Lawyers in Flora & Fauna Damages
Defense in offences against wild flora and fauna (Arts. 332-336 CP) and animal cruelty (Art. 340 bis CP).
Offences against protected flora and fauna punish hunting, fishing, acquiring or possessing endangered species (Article 334 of the Spanish Criminal Code (CP)) with imprisonment of 6 months to 2 years, a fine of 8 to 24 months, and special disqualification of 2 to 4 years, a penalty imposed in its upper half if the species is at risk of extinction. Using poison, explosives or non-selective methods (Article 336 CP) is punished with imprisonment of 4 months to 2 years or a fine, and damaging protected flora (Article 332 CP) with imprisonment of 6 months to 2 years or a fine. Mistreating domestic animals (Article 340 bis CP) carries imprisonment of 3 to 18 months. Our defence challenges the classification of the species affected and the chain of custody of SEPRONA's samples.
You have been reported for harming protected species: what happens now
These cases usually begin with a report by Seprona or the forest rangers that is sent to the investigating court. The first thing decided is whether the facts amount to an administrative infringement of hunting, fishing or natural-heritage rules, or to the offence of Art. 334 CP. That provision punishes with six months to two years in prison or an eight to twenty-four months fine, and in every case with disqualification from the profession and from the right to hunt or fish for two to four years, anyone who, in breach of the applicable rules, hunts, fishes, acquires, keeps or destroys protected wild species, traffics in them or seriously destroys their habitat. The penalty is imposed in its upper half where species or subspecies listed as endangered are involved.
What to do (and what not to do) before making a statement
- Do not make a statement to the officer drafting the report without a lawyer. Arts. 118 and 520 LECrim recognise silence and a prior confidential meeting with your lawyer. An explanation given in the field, without assistance, usually fixes authorship before it is even known whether the species was listed.
- Gather licences, permits and hunting-ground documents. A valid hunting or fishing licence, the permission of the shoot holder, exceptional authorisations from the regional government, and ringing or CITES documents for captive specimens. Breach of the applicable rules is an element of the offence: without it there is no crime.
- Insist that the species be identified by an expert. The classification depends on whether the specimen is protected and on its listing category. Determining species, age and origin is a matter for expert evidence and can be contested by the defence.
- Do not dispose of specimens, equipment or the vehicle. Their disappearance is read as concealment and deprives the defence of the evidence needed to dispute the number of specimens, the method used or the date. All of it is placed at the court's disposal through your lawyer.
- Deal with the administrative file separately. It is common for an administrative penalty file and a criminal case to run in parallel. The administrative deadlines are short and whatever is argued there is later added to the criminal file: both routes should be coordinated from the outset.
Damages to Protected Flora and Fauna: Criminal Types, Penalties and Defense Strategy (Arts. 332-336 and 340 bis CP)
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, now under Title XVI bis, 340 bis CP (animal cruelty, after Organic Law 3/2023). 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.
Methods of Commission
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. 340 bis CP, introduced by Organic Law 3/2023 (which moved animal cruelty to its own title), punishes animal cruelty against vertebrate domestic, tamed or habitually domesticated animals, with 3-18 months' prison and reinforced professional disqualification; killing the animal carries an aggravated penalty.
Regulatory Framework
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.
Defence Strategy
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.
Current Forensic Practice
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.
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.
FAQ: Flora & Fauna Damage
What is the penalty for harming protected wildlife?
Which species are protected in Spain?
Can I hunt any animal in season?
What are non-selective hunting methods?
Is destroying nests or eggs a crime?
Is trafficking in protected exotic animals a crime?
Is felling protected trees a crime?
What is SEPRONA?
Can I keep a protected animal as a pet?
Can companies be convicted of harming wildlife?
What are ZEPA and LIC zones?
What civil liability do these offences generate?
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