La protección penal del medio ambiente a través de los delitos de incendio

Abstract

Criminal protection of the environment not only takes place through offenses against natural resources, flora and fauna, but also through the crimes of arson. Within the following pages, we will analyze articles 352-358 of Spanish Criminal Code, with special consideration of jurisprudence related to this subject and the current Organic Law Draft for reforming the aforementioned Criminal Code. Study is focused on the deficiencies of current criminal regulations (abuse of vague and imprecise concepts, problems of concurrence of offences, etc.), in order to suggest interpretations of legal provisions that are coherent with the principles of criminal legality and minimum intervention.