Causing the death of a domestic animal, tamed, domesticated or that lives temporarily or permanently under human control will imply a prison sentence of up to 24 months from this Tuesday, although admission to a prison would not occur without a criminal record.
This is how it appears in a reform of the Criminal Code on animal abuse that was definitively approved on March 16 by the Congress of Deputies and entered into force this Wednesday, 20 days after its publication in the Official State Gazette (BOE).
This reform includes four new articles and toughens the penalties for mistreating animals.
Thus, causing any “injury that requires veterinary treatment” by any means or procedure, including sexual, to “a domesticated, tamed, domesticated animal or that lives temporarily or permanently under human control” will entail a prison sentence of 3 to 18 months or a fine of 6 to 12 months and with the penalty of special disqualification of 1 to 3 years for the exercise of a profession, trade or trade that is related to animals and for the possession of animals
If the injuries occur to another vertebrate animal, the punishment will be 3 to 12 months in prison or a fine of 3 to 6 months, in addition to 1 to 3 years of special disqualification from exercising any profession, trade or trade that is related to the animals.
In the event that the crime was committed using firearms, the judge or court may impose a reasoned penalty of deprivation of the right to possess and carry weapons for a period of one to four years.
In the event of the death of the pet, tamed, domesticated or living with humans, these penalties are raised to imprisonment from 12 to 24 months and from 2 to 4 years of professional disqualification. And if another vertebrate animal dies, imprisonment from 6 to 18 months or a fine from 18 to 24 months, in addition to special disqualification from 2 to 4 years. If there were firearms in those situations, their use would be prohibited from 2 to 5 years.
The penalties will be in their upper half if there are aggravating factors such as using weapons, instruments, objects, means, methods or forms that could be dangerous to the life or health of the animal; execute the act with cruelty; cause the animal the loss or uselessness of a sense, organ or main member, or if the action is committed by its owner or whoever is entrusted with the care of the animal`.
Other aggravating circumstances are committing the act in the presence of a minor or especially vulnerable person; carry it out for profit; doing so to coerce, intimidate, harass or cause psychological harm to whoever is or has been a partner; perform it at a public event, or disseminate it by technological means, or use poison, explosive means or other similar instruments.
On March 16, Congress definitively approved the so-called Law for the Protection of Animal Rights and Welfare, a regulation designed to prevent the abandonment of animals, penalize mistreatment and encourage adoption over purchase that, in addition , recognizes for the first time animals as subjects of rights and regulates “the protection of their dignity”.
The law highlights, among other things, that only the following animals will be allowed as pets:
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