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On criminal offences of arson

Article 351 to 358 bis of the Spanish Criminal Code

Arson Lawyers in Spain

On criminal offences of arson

Spanish Criminal Code | We specialize in fires

 

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...Those who cause a fire involving threat to the life or physical integrity of persons, shall be punished with a sentence of imprisonment from ten to twenty years... We are Arson Lawyers in Spain



 

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Spanish Criminal Law on fires

Organic Act 10/1995, dated 23rd November, on the Criminal Code | Article 351 to 358 bis of the Spanish Criminal Code

 

On criminal offences of arson

 

Article 351

 

Those who cause a fire involving threat to the life or physical integrity of persons, shall be punished with a sentence of imprisonment from ten to twenty years. The Judges or Courts of Law may impose the lower degree punishment in view of the lesser extent of the danger caused and the other circumstances of the fact.

When there is no danger to the life or physical integrity of persons, the deeds shall be punished as damages as foreseen in Article 266 of this Code.
 

On forest fires

 

Article 352

 

Whoever sets woods or forests on fire shall be punished with imprisonment from one to five years and a fine of twelve to eighteen months. If this has endangered the life or physical integrity of persons, the deed shall be punished as set forth in Article 351, imposing the punishment of a fine from twelve to twenty- four months in all cases.
 

Article 353

 

1. The deeds outlined in the preceding Article shall be punished with a prison sentence of three to six years and a fine of eighteen to twenty-four months if the fire is especially serious, according to whether any of the following circumstances concurs:

1. If it covers a considerably large area;

2. If it causes major or serious soil erosion effects;

3. If it significantly alters the conditions of animal or plant life or affect any protected natural space;

4. If the fire affects areas near to urban population centres or populated areas;

5. If the fire is caused at a time in which the weather or soil conditions significantly increase the risk of the fire spreading;

6. In all cases, if there is serious deterioration or destruction of the resources affected.

2. The same penalty shall also be imposed if the offender acts to obtain economic profit from the effects arising from the fire.
 

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We specialize in fires | Arson Lawyers in Spain

 

Article 354

 

1. Whoever sets woods or forests on fire without the fire there spreading, shall be punished with a sentence of imprisonment of six months to one year and a fine from six to twelve months.

2. The conduct foreseen in the preceding Section shall be exempt of punishment if the fire is not propagated by the proactive, voluntary action of the offender.
 

Article 355

 

In all the cases foreseen in this Subchapter, the Judges or Courts of Law may order that zoning classification of the land in areas affected by a forest fire may not be changed for a term of up to thirty years. They may also order limitation or suppression of uses to which the areas affected by the fire have been put, as well as governmental confiscation of the burned wood from the fire.
 

On fires in non- forest areas

 

Article 356

 

Whoever sets fire to planted areas in non-forest areas, seriously damaging the environment, shall be punished with a sentence of imprisonment of six months to two years and a fine from six to twenty four months.
 

On arson of own property

 

Article 357

 

The arsonist of his own property shall be punished with a sentence of imprisonment of one to four years if fraud or damage to third parties is intended, if he has caused fraud or damage, if there is the hazard of propagation to a building, woods or plantations owned by others, or that may have seriously damaged the conditions of the wildlife, woods or natural environment.
 

Common provisions

 

Article 358

 

Whoever, due to gross negligence, were to cause any of the criminal offences of arson punished under the preceding Articles, shall be punished with the lower degree punishment, of those respectively foreseen for each case.
 

Article 358 bis

 

The provisions of Articles 338 to 340 shall also be applied to the criminal offences regulated in this Chapter.
 


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