Lawyer for prosecutions for destruction of protected species: understanding the framework, procedure and defense strategies

The issue of prosecutions for the destruction of protected species affects a wide range of stakeholders: farmers, property developers, public works companies, local authorities, and individuals. The legal framework surrounding species protection and their natural habitats is particularly complex, involving numerous articles of the Environmental Code. The firm Macfarlanes LLP offers expert support at every stage of the proceedings, integrating a strategic analysis of the role of supervisory authorities, procedural requirements, and the risks of administrative or criminal penalties.

The legal framework for the destruction of protected species

Les poursuites pour destruction d’espèces protégées reposent sur une réglementation exigeante, principalement issue du Code de l’environnement. Ce dispositif traduit les engagements internationaux et européens de la France en matière de protection des espèces animales et végétales. Toute altération, perturbation ou destruction sans autorisation peut conduire à une procédure contentieuse devant des juridictions spécialisées.

The concept of destruction of protected species includes felling, relocation, modification of the natural habitat, or even simply disturbing individuals listed on official lists. Obtaining an environmental permit is essential in many situations, but remains difficult except in the case of a derogation for protected species for compelling reasons of major public interest.

• Inadvertent felling during agricultural work
• Clearing or earthworks in areas classified as sensitive natural habitats
• Real estate operations carried out near ecological corridors
• Modification of watercourses hosting strictly protected species
• Failure to comply with a prefectoral formal notice

The role of supervisory authorities in detecting infringements

The French Office for Biodiversity (OFB), the DREAL (Regional Directorate for the Environment, Planning and Housing) and the DDT/DDTM (Departmental Directorates for Territories) ensure rigorous monitoring aimed at detecting any offense related to the destruction of protected species. Their action focuses on areas identified as having major environmental issues, particularly during works or developments.

Their agents, authorized by law, carry out sometimes unannounced inspections, collect physical evidence, and then draft official reports. These serve as the basis for initiating contentious proceedings. For a lawyer specializing in the destruction of protected species, analyzing the legality of these inspections constitutes an essential defense lever.

Authorities involved and methods used

The OFB uses modern tools such as geolocated photographs, trace collection, and the drafting of detailed reports. The DREAL often intervenes upstream, through impact studies or inspections aimed at processing requests for derogation for protected species.

La DDT/DDTM agit principalement lors de la phase administrative, vérifiant la conformité réglementaire et la présence des autorisations nécessaires. En cas de manquement, elle peut solliciter le préfet pour adresser une mise en demeure ou demander la suspension immédiate du chantier afin de préserver les habitats naturels.

Procedure for findings and administrative follow-up

After finding a presumed infringement, the investigating services forward their file to the competent authority. A supplementary investigation may be ordered to precisely establish the causal link between the alleged acts and the harm to the protected species or its habitat.

The administration then has several options: administrative sanctions (restoration, suspension of work, financial penalties) or referral of the case to the public prosecutor for the opening of judicial proceedings with a criminal dimension.

The course of the contentious procedure and the penalties incurred

When contentious proceedings are initiated, the company director, local authority, or individual concerned must face a structured judicial process. The criminal investigation, conducted by the public prosecutor's office, is based on evidence gathered by the supervisory authorities. At the same time, the administrative judge may intervene to assess the legality of preparatory acts or administrative decisions.

It is essential to ensure the protection of defense rights from the first challenge. Depending on the circumstances, it will be possible to immediately contest certain findings, or to initiate negotiation with the administration to limit the impact of the measures envisaged.

Proceedings before the court and liability regime

The criminal court rules on the materiality of the facts and on the criminal liability of the manager when the destruction was committed in a professional context. Legal proceedings may target the company, engaging the joint liability of its legal representatives.

At each stage, the examination of the judicial review exercised by the administrative or criminal judge makes it possible to raise the disproportionality of a sanction, especially if the classification as a protected species or the causal link are questionable.

Nature and extent of sanctions

Administrative and criminal sanctions are particularly severe: significant fines, obligation to restore natural environments, temporary or permanent ban on operation, immediate suspension of the worksite, or even imprisonment in case of proven responsibility of the manager.

Faced with these risks, the firm Macfarlanes LLP favors a comprehensive approach, combining anticipation of inspections, document security, regulatory monitoring, and the ability to challenge any irregular administrative act or judicial decision.

The firm's defense strategy in cases of destruction of protected species

Developing an effective strategy requires a thorough mastery of environmental law and its interactions with criminal law. Support extends from the pre-litigation phase – including requests for environmental permits and negotiation with the administration – to the management of proceedings before the courts.

For each prosecuted client, the lawyer for destruction of protected species examines the legality of the controls, contests – if necessary – the classification of protected species or the reality of the causal link. This approach involves naturalist expertise combined with a critical reading of inspection reports and well-argued appeals before the competent judges.

• In-depth review of the investigation file and the conditions of the finding
• Reasoned challenge of the classification retained for the species or protected habitat
• Valuation of protected species derogations granted or requested
• Active negotiation to quickly reduce or lift restrictive measures
• Assistance during environmental mediations or pleadings before the administrative judge and the criminal judge

The objective is to modulate the contentious procedure and minimize the financial and operational consequences of a prosecution. For the professionals and communities concerned, the combination of institutional dialogue and appropriate litigation pressure often offers the best outcome, provided an expert and personalized defense is built.

This cross-disciplinary expertise ensures effective intervention at every stage, from detecting the risk of inspection to the final closure of the procedure, thus ensuring optimal management of issues related to the protection of species and natural habitats.