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Pilgrim arrested over forest fire near Astorga

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Bradypus

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Does anyone know the penalty, in Castilia-Leon, for being a complete knob?

'todo el peso de la Ley'

Currently, our Penal Code punishes these acts with prison sentences of up to twenty years depending on the severity of the act committed. The crimes and fines for causing a fire are listed in article 351 of the Penal Code.

'Those who cause a fire that poses a danger to the life or physical integrity of people will be punished with a prison sentence of ten to twenty years. Judges or Courts may impose a lower sentence based on the lesser degree of danger caused and the other circumstances of the act.

When there is no such danger to the life or bodily harm of people, the acts will be punished as damages provided for in article 266 of this Code'.

When we talk about a forest fire, depending on the scope, severity and whether there has been a danger to the life or bodily harm of people, the consequences vary with prison sentences of one to five years and a fine of twelve to eighteen months.

The crimes and fines for causing a forest fire are listed in articles 352, 353, 354 and 355 of the Criminal Code. The factors that will determine the severity of the fine or prison sentence in this case are the following:
- The surface that has been affected
- That it results in large or serious erosive effects on the soil
- The degree of alteration of animal or plant life or that it affects a protected natural area
- The proximity to a population centre or inhabited place
- That the fire is caused when the weather or terrain conditions significantly increase the risk of its spread
- The destruction of the affected resources

In addition, the Criminal Code indicates that the same penalty will be imposed when the author of the fire has acted for economic benefit due to the effects derived from the fire.

In situations where the forest fire has not caused major damage, the person will be punished with a prison sentence of six months to one year in prison and a fine of six to twelve months.

https://www.telemadrid.es/noticias/...io-forestal-0-2686231408--20240708080000.html
 
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https://www.heraldo.es/noticias/nac...a-leon-amenace-nucleos-poblacion-1756951.html

The fire that broke out on Monday in the town of Castrillo de los Polvazares (León), which has affected a total of 800 hectares, is "stabilized and contained" but is not yet considered under control. The fire, now at risk level 1, reached the maximum level of danger when, due to strong gusts of wind on Monday afternoon, it threatened the towns of Piedralba, Oteruelo de la Valduerna and Morales de Arcediano.

According to the information provided by the territorial delegate of the Junta de Castilla y León in León, Eduardo Diego, speaking from the Advanced Command Post, there is no longer any risk for these towns at this time. Diego explained that the type of fuel, mainly grass and some particular pine forests, and the strength of the wind have caused the fire to consume these 800 hectares in just four hours.


Fires seen from Astorga
vista-del-incendio-de-astorga-leon.jpeg
 
How horrible.
Causality is such a wide range of things. Did he toss a cigarette into the dry grass, or did he buy some gas to purposely start a fire?

Of course, he should get into trouble either way, but I'm interested in whether it was intentional or accidental. That article didn't seem to say. At least in the states, though, even throwing a cigarette into the woods, when there's a high chance of fire danger, is an act that can be prosecuted.
 
Causality is such a wide range of things. Did he toss a cigarette into the dry grass, or did he buy some gas purposely start a fire.

Of course, he should get into trouble either way, but I'm interested in whether it was intentional or accidental. That article didn't seem to say. At least in the states, though, even throwing a cigarette into the woods, when there's a high chance of fire danger, is an act that can be prosecuted.
I was just about to ask the same thing... apparently he "walked away"... out of ignorance? or malice? And how did they catch him so fast? Someone must have seen him do something...
 
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idiotic foreign 'pilgrims.'
So like is that penal code quoted in message #3 directed at idiotic foreigners? I don't know, but my guess is no.

People can be idiots no matter where they are from. In this case, apparently the loser was foreign... but the reason for the law is more of a universal thing. I wonder if we hear on a site like this about the fires set, either intentionally or unintentionally from non Camino participants. So yah, I'm sorry too. But...
 
Does anyone know the penalty, in Castilia-Leon, for being a complete knob?
Hopefully more than a few years in a Spanish jail, with a requirement to work for the local forestry replanting trees etc. Oh also have passport marked "not valid in Espanya" for 10 years.
 
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How horrible.
Causality is such a wide range of things. Did he toss a cigarette into the dry grass, or did he buy some gas to purposely start a fire?

Of course, he should get into trouble either way, but I'm interested in whether it was intentional or accidental. That article didn't seem to say. At least in the states, though, even throwing a cigarette into the woods, when there's a high chance of fire danger, is an act that can be prosecuted.
Tossing a cigarette is a deliberate act, not an accident.
 
https://www.lavozdegalicia.es/notic...ado-800-hectareas/00031724227027448271461.htm

with a video of the fire and those fighting it.

From the list of factors that determine the severity of the fine or prison sentence

- The surface that has been affected 800 ha
- That it results in large or serious erosive effects on the soil VIDEO
- The degree of alteration of animal or plant life or that it affects a protected natural area VIDEO
- The proximity to a population centre or inhabited place CHECK
- That the fire is caused when the weather or terrain conditions significantly increase the risk of its spread YOU BET!
- The destruction of the affected resources VIDEO

Assuming the fire started small, as most fire do, this is what followed when the pilgrim allegedly continued his way without extinguishing those first flames:

https://leon24horas.net/actualidad/...el-2-por-riesgo-de-la-poblacion-y-los-bienes/

This Monday, August 19, after four in the afternoon, a forest fire was declared in Astorga, more specifically in Castrillo de los Polvazares, on land located next to the LE-142, categorized as Level 1 due to forecast of take more than 12 hours to control and possible impact on wooded masses of more than 30 hectares.

Hours later, around 7:30 p.m., the fire went viral and rose to Level 2 due to possible risk to the population and assets other than those of a forest nature.
To extinguish the fire in Castrillo de los Polvazares, a seaplane helicopter has been deployed to put out the flames, that have generated an intense column of smoke.


The Junta of de Castilla y León has declared level 2 in the Castrillo de los Polvazares fire, in León due to possible damage to people and property. Currently 90 people are working on the fire, according to the Board, the deployed operation includes personnel from the INFOCAL Operation and the State, and consists of: 1 Technician, 3 Environmental Agents/Guards, 2 ground crews, 3 pumpers, 3 Bulldozers, 5 Helicarriers, 11 aerial means, 2 coordination aircraft.

It is a fire that spreads at high speed due to the strong wind and the fuel model, with a mixture of grass, bushes, reforestation and agricultural crops. Strong winds with gusts of more than 20 km/hour have caused a growth rate of 175 hectares per hour and a propagation of the main front of 28.5 meters per minute (1.7 km/h). The current perimeter is 13 kilometers. The deployed operation works to stop the head and the flanks, trying to minimize the possible impact on the surrounding infrastructure and populations,” the CyL Board points out.

Update:

Starting early in the evening, the homes of fifty residents of Priedralba and thirty of Oteruelo de la Valduerna were being evacuated. Also, the residents of Santiago Millas are monitoring the advance not so much of the fire as of the smoke, due to the strong winds that are causing control of the fire to slow down. In addition, the authorities have closed the LE-6425 due to the existence of a service station near the scene of the events.

😵‍💫 :mad:
 
When we are visitors in a foreign country, we are all bound by the same laws as nationals of that country. There is no exemption for pilgrims.

The sole possible exception might be a person, carrying a diplomatic passport who is officially exempt from local prosecution. But this condition is very rare.

In years past, when I lived in Europe on assignment and with a full diplomatic passport, my country nonetheless made us all sign agreements to abide strictly to local laws and regulations. We were instructed that we were not to presume immunity from local laws and regulations. I had a stack of speeding tickets I paid promptly to prove this.

So, this person should prepare to be treaded as a local might be for causing this fire.

Finally, as a pilgrim, he or she is going to cause problems for others - the rest of us. Personally, I hope they throw the proverbial book at this person.
 
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Justiz is a difficult matter. Since we do not know all that contributed I hesitate. Two cigarette buds can kill a toddler. A moment of inattentiveness while driving as well.
So let us guard our own actions. And since this is Camino forum after all let us pray for all those idiots out there.
 
How horrible.
Causality is such a wide range of things. Did he toss a cigarette into the dry grass, or did he buy some gas to purposely start a fire?

Of course, he should get into trouble either way, but I'm interested in whether it was intentional or accidental. That article didn't seem to say. At least in the states, though, even throwing a cigarette into the woods, when there's a high chance of fire danger, is an act that can be proscuted.
Exactly. A fire arising from someone tossing a cigarette into the dry grass or onto forest floor ia NOT an "accident". It is the absolute expected result of the action. And needs to be prosecuted as such.
 
Few details are given, on this post, about how the fire started, etc., yet so many people making comments willing to condemn an individual, and throw the book at someone without knowing exactly what transpired. Why?

Even if someone has been arrested it doesn't mean that he/she is guilty. We believe that someone is innocent until proven guilty, don't we?
 
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Few details are given, on this post, about how the fire started, etc., yet so many people making comments willing to condemn an individual, and throw the book at someone without knowing exactly what transpired. Why?

Even if someone has been arrested it doesn't mean that he/she is guilty. We believe that someone is innocent until proven guilty, don't we?
I believe that they should not be deprived of life, liberty, or property without due process. That requires a presumption of innocence by the law. On the other hand in my daily life a make hundreds of decisions and judgements about things and people, most of which require only a sense of generosity, not innocence.
 
About the legal side of this case:

https://leon24horas.net/actualidad/...-del-incendio-de-castrillo-de-los-polvazares/

The Guardia Civil has arrested on Tuesday afternoon, August 20, a person as the alleged cause of the fire originated on Monday in Castrillo de los Polvazares, municipality of Astorga, as reported by the Government Delegation in Castilla y León.

The Junta de Castilla y León is grateful for the swift action of the Guardia Civil and insists on the vital importance of public cooperation to clarify the origin of the numerous fires caused by man, either intentionally or through negligence. Forest fires put human lives at risk and it is the responsibility of society as a whole to help clear them up.

In all forest fires, the INFOCAL Operation, which is part of the Regional Ministry of the Environment, Housing and Territorial Planning, undertakes investigative actions to determine the point of origin, cause and motivation of the fire. The Regional Ministry carries out these actions in all forest fires, usually by environmental agents, with the participation of specialised technicians when necessary. These actions are complemented by those carried out by the Guardia Civil to identify and investigate the possible perpetrators. This coordinated work is essential to obtain solid results that allow those responsible to be brought before the courts.
 
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The Daily Telegraph quotes a Government spokesman who says it appears intentional as they found a second ignition point.
If so, may justice prevail. But given the source, I'll wait for corroborate before getting upset. That said...If the quote is true, it's pretty upsetting.
 
If so, may justice prevail. But given the source, I'll wait for corroborate before getting upset. That said...If the quote is true, it's pretty upsetting.

Quote:

“There is a human intention to this fire; clearly someone started it, especially when that same evening we found a second ignition point,” said Eduardo Diego, the representative in León of the Castilla y León regional government.

https://www.telegraph.co.uk/world-n...-spain-wildfire-camino-de-santiago-christian/

A similar remark by Eduaro Diego can be found in El Pais (subscription only):

El delegado de la Junta de Castilla y León en la provincia leonesa, Eduardo Diego, informó de las sospechas de las autoridades en cuanto a la autoría de los hechos, principalmente porque horas después de ese primer suceso, que quemó 800 hectáreas, se constató otro foco ardiente: “Detrás de este incendio, en concreto, cuando esta misma noche en la misma zona ha vuelto a haber un foco, hay una intención humana, una persona detrás”.


https://archive.is/PrhZp


I guess that the author of the report in The Telegraph got his info from El Pais or similar sources.
 
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Have the media yet reported HOW the fire was started, and perhaps WHY? That goes a long way towards establishing malicious intent. Until I see something in mitigation, I am not inclined to be charitable. Fires like these impose HUGE costs on the local population.

I reserve the right to adjust my opinion once more is known.
 
Have the media yet reported HOW the fire was started, and perhaps WHY? That goes a long way towards establishing malicious intent. Until I see something in mitigation, I am not inclined to be charitable. Fires like these impose HUGE costs on the local population.

I reserve the right to adjust my opinion once more is known.

The investigation is still ongoing, as far as I can find in the press at the moment.

The Regional Government apparently agrees with your stance in these matters. Various sources mention that they demand 'the full weight of the law’ on the pilgrim arrested for allegedly setting fire in Castrillo de los Polvazares.


https://cronicanegra.com/detenido-u...azares/?utm_source=dlvr.it&utm_medium=twitter


The Junta de Castilla y León calls for the law to be applied to the pilgrim arrested for causing the fire in Castrillo de los Polvazares

The spokesman for the Junta de Castilla y León, Carlos Fernández Carriedo, has offered all the necessary cooperation from the regional government so that the person responsible for the forest fire in Castrillo de los Polvazares receives the corresponding punishment. The fire has devastated at least 800 hectares of pasture and scrubland in the region of Maragatería, in León. Carriedo has congratulated the State Security Forces and Corps for their rapid identification and arrest of the alleged cause of the fire, a pilgrim who was on the Camino de Santiago. The case is now under the jurisdiction of the courts and the Junta is at the disposal of the Administration of Justice if they need cooperation.

The spokesman has described the fire as a clear environmental attack that affects both the natural heritage and the safety of citizens.


---------------

The arrested pilgrim has the right to an interpreter if he does not speak Spanish and should appear before a judge within 24 hours, but may remain in police custody for 72 hours. He has a right to a lawyer and the Consulate of his country must be informed.
The judge can order provisional detention based on the circumstances of offense.
 
A follow up article on a Leon website is reporting that the man who was arrested has admitted starting the fires. It seems that he is originally from Germany and is wanted in other countries for other offences though the article gives no further details. A strange complicated story.

 
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A follow up article on a Leon website is reporting that the man who was arrested has admitted starting the fires. It seems that he is originally from Germany and is wanted in other countries for other offences though the article gives no further details. A strange complicated story.


From the article:

The 33-year-old man arrested on Tuesday as the alleged perpetrator of the fire in Castrillo de los Polvazares, that broke out on Monday and has already burned over 850 hectares, has confessed to the facts, as this newspaper has been informed.

The man, of German origin was said at first to be doing the Camino de Santiago, although many people doubt that he is a pilgrim in the usual sense, and apparently he is wanted by other countries for pending cases. What is unknown is his current procedural situation since the same day of the arrest he was taken to court in Astorga and made a statement.
 
I return to my original thought - indict him, try him, lock him up and throw away the key.

He gives all of us pilgrims a bad reputation. Only by setting an example will this aberrant behavior be deterred.

This is solely MY opinion on the matter, additional information having been reported. Everyone is entitled to their take on the matter.
 
It should not come as a surprise to learn that not every Camino walker on the ways to and from Santiago is a peregrino al uso as says in the recent article linked above and translated as pilgrim in the usual sense in a post that contains an extract taken from the Spanish news article and translated into English.

We read "pilgrim" in a headline, and we imagine that the person travelled by plane or train from home to France or Spain, walked to Santiago and returned home. Is this the case here? We don't know. We know next to nothing other than that there was a serious fire, that a person was quickly identified and arrested, and that he has confessed to have caused the fire.
 
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'todo el peso de la Ley'

Currently, our Penal Code punishes these acts with prison sentences of up to twenty years depending on the severity of the act committed. The crimes and fines for causing a fire are listed in article 351 of the Penal Code.

'Those who cause a fire that poses a danger to the life or physical integrity of people will be punished with a prison sentence of ten to twenty years. Judges or Courts may impose a lower sentence based on the lesser degree of danger caused and the other circumstances of the act.

When there is no such danger to the life or bodily harm of people, the acts will be punished as damages provided for in article 266 of this Code'.

When we talk about a forest fire, depending on the scope, severity and whether there has been a danger to the life or bodily harm of people, the consequences vary with prison sentences of one to five years and a fine of twelve to eighteen months.

The crimes and fines for causing a forest fire are listed in articles 352, 353, 354 and 355 of the Criminal Code. The factors that will determine the severity of the fine or prison sentence in this case are the following:
- The surface that has been affected
- That it results in large or serious erosive effects on the soil
- The degree of alteration of animal or plant life or that it affects a protected natural area
- The proximity to a population centre or inhabited place
- That the fire is caused when the weather or terrain conditions significantly increase the risk of its spread
- The destruction of the affected resources

In addition, the Criminal Code indicates that the same penalty will be imposed when the author of the fire has acted for economic benefit due to the effects derived from the fire.

In situations where the forest fire has not caused major damage, the person will be punished with a prison sentence of six months to one year in prison and a fine of six to twelve months.

https://www.telemadrid.es/noticias/...io-forestal-0-2686231408--20240708080000.html
Could you elaborate on this a bit?
 
Could you elaborate on this a bit?

The text is a translation of part of a recent report (July 18, 2024) by Telemadrid, titled:

Estas son las multas y penas por provocar un incendio forestal
Dependiendo de la gravedad, estos actos pueden tener una pena de cárcel de hasta veinte años

(These are the fines and penalties for starting a forest fire
Depending on the severity, these acts can carry a prison sentence of up to 20 years.)

Link to the original text at the end of the translation.
 
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Google translation:-
"The man accused of starting the fire that has destroyed more than 850 hectares in La Maragatería has been released with charges. He is a young pilgrim of German nationality. After giving a statement in the courts of Astorga, in fact, he has continued on his way to Santiago de Compostela"
 
The 2024 Camino guides will be coming out little by little. Here is a collection of the ones that are out so far.
That's it?! He destroys pretious forests, endangers human and animal life, and that's it??
Perhaps somebody can explain what "released with charges" means. Or rather what "libertad con cargos" means. Or how the police and justice authorities in Spain proceed when someone is accused of having caused a forest fire.

My guess - it is just a guess - is that it means something like "he was released from detention with bail conditions" but as far as I understand it Spain does not know the bail system that we are familiar with thanks to having watched numerous US movies. That Jack from Ireland uses his credit card to bail out Tom who is detained by the Guardia Civil in that movie has always amused me. I don't think it works like this in Spain.
 
Well, at least we can all agree that he is a pilgrim.

The story according to

https://ileon.eldiario.es/actualida...-incendio-castrillo-accidente_1_11605585.html

The 34-year-old German pilgrim arrested on Tuesday by the Guardia Civil as the alleged perpetrator of the forest fire declared the day before in the vicinity of Castrillo de los Polvazares, near Astorga, which devastated 800 hectares and threatened several villages, has admitted the charges but has specified that the fire started accidentally when he was preparing food.

As reported by the Government Delegation, the detainee was released on bail (*) yesterday after making a statement to the judicial authority in Astorga.


(*) the text mentions 'libertad con cargos' a term that does not exist in Spain. Apparently, reporters write this because they have seen too many movies. The correct term is 'libertad provisional'.

'Provisional release is decreed when there are indications that a person has committed a crime, however it is not necessary for that person to be in provisional prison while the case is being processed, for example because there is no risk of fleeing.'

more info here:

https://chabaneixabogados.es/libertad-provisional-chabaneix/


🤔 Still wondering why he did not put out the fire when it started?
 
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Let’s all chill! I believe in the rule of law! Let the legal system deal with it! We should not be fanning the flames or embers. Stop this premature condemnation…
I am not condemning, but I am very surprised at such light 'sentence' for such a grave offence. He was not just some drunk shouting obscenities at some people, after all.
 
Was this bloke actually on a pilgrimage? Does he have a credential? Has he stayed in albergues and made a traceable progression along the way? Or is he an itinerant who just happened to be near the way when he was careless with his cooking fire?
 
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Perhaps somebody can explain what "released with charges" means. Or rather what "libertad con cargos" means. Or how the police and justice authorities in Spain proceed when someone is accused of having caused a forest fire.

My guess - it is just a guess - is that it means something like "he was released from detention with bail conditions" but as far as I understand it Spain does not know the bail system that we are familiar with thanks to having watched numerous US movies. That Jack from Ireland uses his credit card to bail out Tom who is detained by the Guardia Civil in that movie has always amused me. I don't think it works like this in Spain.
I presume it simply means he is not going to be held in custody until his trial for the charges against him. There may well be bail conditions, such as remaining in a certain location, etc.
 
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The misunderstanding is perhaps due to the word juez - judge - in the article. IANAL, somebody else will explain it better, but it is an “instruction judge” or “investigation judge” - an expression used in the Spanish and French judicial system.
 
That's why the word was in '', I know he has not been sentenced in a court of law.
Somebody who knows what it means needs to explain what "libertad con cargos" means in Spain. Is he awaiting trial, is he free to go where and when he wants to, does he have to report to police from time to time, "is that it", or what.
 
The focus is on reducing the risk of failure through being well prepared. 2nd ed.
The 34-year-old German pilgrim arrested on Tuesday by the Guardia Civil as the alleged perpetrator of the forest fire declared the day before in the vicinity of Castrillo de los Polvazares, near Astorga, which devastated 800 hectares and threatened several villages, has admitted the charges but has specified that the fire started accidentally when he was preparing food.
Well, that seems to explain that the starting of the fire wasn't intentional. Which puts it in a very different category.

I'm not trying to belittle the situation, which is horrendous. But there's a huge difference between a pilgrim committing arson, and said pilgrim having a cooking accident.

I try not to convict people over media reports, which seemed to be the point of many of the comments here. Instead, we must depend on the authorities and courts to review the complete set of facts and make a decision.

It seems from @Molly Cassidy link above that the person is free on charges but we'll have to re-appear in court when a determination will be made of his responsibility.
 
Somebody who knows what it means needs to explain what "libertad con cargos" means in Spain. Is he awaiting trial, is he free to go where and when he wants to, does he have to report to police from time to time, "is that it", or what.

We do not know what the specific conditions are in this case.
But rest assured that he isn't free to go. The authorities have his data, and letting him walk on is cheaper for the taxpayer than locking him up. If he returns to Germany and no longer reacts to demands of the Court, they can have him arrested in Germany and brought before the courts in Spain.

There is a lot of info in English about Arrested in Spain? We can help. (or similar).
I mention this with a little hesitation but Britons (and other tourists) have a reputation of getting drunk, and getting into fights for instance. Another category are people who cause traffic accidents. There is an industry of English speaking lawyers to support them. Often the offenders are able to walk free for the time being, even go home, but they need to keep themselves at the disposal of the courts and they will be in big trouble when they skip the trial.
 
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Well, that seems to explain that the starting of the fire wasn't intentional. Which puts it in a very different category.
But it does not explain why he didn't put out the fire, kept on walking (?) and why there was a second fire start point (or is there only one now?).

It's just, it breaks my heart when I see a forest on fire or walk through a soot-black bones of a forest.
 
But it does not explain why he didn't put out the fire, kept on walking (?) and why there was a second fire start point (or is there only one now?).

It's just, it breaks my heart when I see a forest on fire or walk through a soot-black bones of a forest.
I think it can quickly become impossible for someone to put out a fire. Where there is a lot of dry grass, for example, the fire can be out of control very quickly.

Of course, the person who caused the fire should have immediately informed the authorities.
 
Well, that seems to explain that the starting of the fire wasn't intentional. Which puts it in a very different category.

I'm not trying to belittle the situation, which is horrendous. But there's a huge difference between a pilgrim committing arson, and said pilgrim having a cooking accident.

I try not to convict people over media reports, which seemed to be the point of many of the comments here. Instead, we must depend on the authorities and courts to review the complete set of facts and make a decision.

It seems from @Molly Cassidy link above that the person is free on charges but we'll have to re-appear in court when a determination will be made of his responsibility.

Based on the laws and regulations of Castilla and León, it is forbidden to make a fire (BBQ etc.) for cooking (or whatever purpose) in the area designed as 'monte' anyway. That is the moment when he went wrong.

https://medioambiente.jcyl.es/web/es/medio-natural/actividades-epocas-peligro-incendios.html
 
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But it does not explain why he didn't put out the fire, kept on walking (?) and why there was a second fire start point (or is there only one now?).

It's just, it breaks my heart when I see a forest on fire or walk through a soot-black bones of a forest.
It is very sad, because the damage is done, and will be there for decades or longer.

Even if it was an accident, but it was the case that he chose to foolishly start cooking with an open fire in a place that was at high risk of fire, he should get in trouble. But we don't know yet, and it might be that we will never know because courts are slow and a court ruling will be unlikely to make the news cycle.
 
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