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BOE-A-2026-10120 ·11 May 2026 ·Act critical
Economic Criminal

Community of Madrid granted standing to bring public actions in environmental and historical heritage crimes

The Community of Madrid has acquired the power to exercise standing (acción popular) in cases involving environmental crimes and damage to historical heritage, pursuant to Article 38 bis of Law 8/2023 and Article 29 bis of Law 17/1997. This change expands the capacity of autonomous communities to intervene in these criminal areas, allowing for enhanced protection of natural and cultural assets.

In 2 key points

  1. The Community of Madrid may exercise standing in environmental crimes (art. 38 bis Ley 8/2023)
  2. Article 29 bis is added to Law 17/1997 regarding damage to historical heritage (art. 29 bis Ley 17/1997)

How it affects those involved

Companies and individuals committing environmental offences or damaging historical assets may now face legal action brought by the Community of Madrid. Local authorities and environmental protection bodies will be able to act more effectively. Legal advisors and defence counsel must be aware of this new power to assess risks and prepare appropriate defences.

Lifecycle

2026-05-11PublishedPublished in the BOE
2026-04-18Into forceComes into force (fecha_vigencia (indice oficial del BOE))
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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