Abuse of an animal from the perspective of Criminal Law.

Animal abuse is a much broader concept than that which refers only to abandonment or physical violence, thus, In any case of abuse that is witnessed, it is very important to report. In this article we explain how.

 

A country, a civilization, you can judge by the way he treats his animals. -Mahatma gandhi

Protection of domestic animals, increasingly numerous in Spanish homes, It has become a growing concern of society in general and of groups and organizations created for the defense and protection of animals., in particular.

The growing social clamor to increase legal protection for animals, avoiding the inhumane treatment that our pets sometimes receive, has implied that the legislator have introduced different modifications in the Penal Code what have they supposed, especially, the increased penalties for perpetrators of animal abuse, also relaxing the requirements that, from the point of view of criminal law, were required before the reform to consider a conduct as criminal.

FIRST REFORM OF THE CRIMINAL CODE TOWARD ANIMAL ABUSE:

In that context, the first reform of the Penal Code operated by the Organic Law 15/2003, sought to increase protection for domestic animals, not as subjects worthy of protection in a legal relationship, but from the perspective of that the relationship of the human being with the domestic species is not offensive in the framework of the feelings of respect and protection that society understands that they must preside over our relations with the animal world.

further, the material object of the penal protection granted to domestic or companion animals was expanded, adding to those that are absolutely unquestionable (dogs, gatos, birds and fish), other species until not long ago less common due to reasons of exoticism or lack of social habit (reptiles, apes, etc.); now, the common and characteristic note to define these figures and provide all of them with protection, punishing conducts constituting abuse, is the relationship of dependency or company lacking economic use.

In any case, This protection in the penal sphere was structured on a fundamental parameter, how was the existence of cruelty or unjustified mistreatment, so that those violent behaviors that, even being reprehensible even from the criminal point of view, were not repeated through repetitive acts of violence, were not constitutive of crime, being punished only as a fault and its corresponding fine, in most cases of small amounts.

MODIFICATION OF THE CRIMINAL CODE TOWARDS ANIMAL ABUSE:

This situation changed with the modification of the Penal Code that entered into force in the year 2010, which was then revised and again modified in the year 2015, so today there is a crime in the cases of assaults on animals that “seriously undermine health” of these, such conduct being punished with penalties of three months to one year in prison, regardless of whether or not there is cruelty.

Likewise, abandonment of a pet was criminalized “… in conditions where his life or integrity could be endangered“, with a fine of one to six months.

It must be taken into account, also, that the Courts that have applied and interpreted the criminal law, have determined that: Abuse of an animal is a much broader concept than that which refers only to abandonment or physical violence (hits, vexations, organized fights, etc), also encompassing other behaviors such as:

• Keeping animals in a state of malnutrition.
• Keep animals in poor hygienic-sanitary conditions, without shelter.
• Keeping animals in inappropriate facilities, with difficulties for mobility (handled, tied up, chained ...)
• Do not give them veterinary attention when they show signs of illness.

However, and despite the amendment of the Penal Code, a framework law is still lacking at the national level that protects animals and establishes homogeneous regulations throughout Spanish territory, So far we have a series of regional regulations that differ significantly between the different Communities, with the consequent lack of consistency and clear lines of action between some regions and others.

Nevertheless, despite having only this insufficient and heterogeneous regulation, there is much that is in our power to do to fight against the different forms of animal abuse. In any case of abuse that is witnessed, it is very important to report, since our complaint can save animals, they cannot defend themselves, from a life of hardship and even death.

To be part of the solution and not the problem, we must be the voice of those who do not have it. The social pressure exerted with the complaints is, also, indispensable so that the victims are not unjustly forgotten and the facts do not go unpunished.

HOW TO POST A COMPLAINT?

Sometimes we think that it is difficult to make a complaint or that you have to have specific knowledge for it, But this is not so. Anyone can report without having legal training, taking into account just a series of ideas.

When filing a complaint, the most advisable thing is to do it in writing so that the explanation of the facts is detailed and exact and no relevant data is omitted. It is very important to always support the complaint with as much evidence and information about the animal's situation as possible, such as photographs, videos, testimonies of witnesses to the events. A good way to get them is calling the Civil Guard (SEPRONA), who will draw up the corresponding minutes after appearing at the scene and make minutes.

In any case, if the presence of SEPRONA is not possible for any reason, we can take the data and evidence ourselves to contribute to the subsequent complaint. These are:

• Place where abuse occurs (aggression, detection of animals in poor condition, etc.).
• Exact date and time we have witnessed it.
• Name and address of the accused (if they don't know each other, any information that could facilitate subsequent identification by the security forces).
• Name and address of witnesses, if any.
• Detailed description of the facts.
• Photos with digital camera where the date appears.
• Videos that, in addition to containing the day and time superimposed on the recording, start filming a newspaper that day and, without stopping recording, film what you supposedly want to report. If the abuse is continued, several days must be filmed to prove it.
• All the documents that we have already be minutes, veterinary reports, advertising if it's a business, etc.

Definitely, and having provided criminal law with instruments to punish such inhumane conduct, it is everyone's job to put them into practice, denouncing the acts of mistreatment of animals of which we can be witnesses so that they do not go unpunished. Animal protection begins, well, by oneself.