The crimes of arson are regulated in arts. 351 to 358 bis of the Penal Code and can be committed either intentionally or through gross negligence.

The basic modality of this crime consists of causing a fire that endangers the life or physical integrity of persons, and is punishable with a prison sentence of 10 to 20 years. In addition to the basic offense, the Penal Code regulates specific modalities of this offense, which we will see below.

Forest fires

Article 352 of the Penal Code punishes, with a prison sentence of 1 to 5 years and a fine of 12 to 18 months, the burning of forests or woodlands. However, the penalty to be imposed is higher if any of the circumstances foreseen in art. 353 of the Penal Code are met: if the fire affects a large area, if it affects areas close to inhabited places, if it causes a serious deterioration of resources….

In addition, if these acts cause danger to the life or physical integrity of persons, the penalty provided for in the basic modality (imprisonment of 10 to 20 years and a fine of 12 to 24 months) is applied.

On the other hand, a lesser penalty (imprisonment of 6 months to 1 year and a fine of 6 to 12 months) is imposed on the person who sets fire to forests or woodlands without the fire spreading, even exempting him from punishment if the fire does not spread due to a voluntary and positive action of the perpetrator (art. 354 of the Penal Code).

Finally, the Judges can agree that, when a forest fire occurs, the land classification of the affected areas cannot be modified for 30 years, a measure that tries to avoid that these fires are caused intentionally to obtain economic benefits by promoting a change of land classification in order, for example, to be able to build.

Fires in non-forest areas

Article 356 of the Penal Code punishes the person who sets fire to areas of non-forest vegetation, seriously damaging the natural environment, with a prison sentence of 6 months to 2 years and a fine of 6 to 24 months.

Fires in own property

Finally, arson of property is punishable with a prison sentence of 1 to 4 years, provided that its purpose is to defraud or harm third parties, cause fraud or damage, or if there is a danger of propagation or serious damage to natural areas (art. 357 of the Penal Code).