The crime of abuse animals after the reform of the Criminal Code for the Organic Law 1/2015, of march 30

• Main Author: Carmen Requejo Conde
• Format: Article
• Language: English
• Published: Universitat Autonoma de Barcelona. Facultat de Dret 2015-04-01
• Series: Derecho Animal
• Online Access: https://revistes.uab.cat/da/article/view/77

The announced reform of the penal code has finally seen the light with the approval of the Organic Law 1/2015, of March 30, with a deep modification, revision and updating of the penal code of 1995. It is a text that further modified the crime of cruelty to animals, typified in the art. 337, in a language of the legislation that ever closer to the criminal legal regulation of the person, and will be in force on July 1, 2015. The Organic Law 1/2015 brings important new features: first, a specification of the protected animals from abuse. Second, the incorporation of specific aggravating overlapping with those contained in Articles 148 and 149 for the person, thus recovering the controversial element of cruelty. Third, a differentiated punitive treatment is performed according abuse results in death or serious injury of animal, can be reached in case of death a prison sentence of up to eighteen months and disqualification up to four years. As a result of serious injury is included for the first time sexual exploitation of animal. The penalty of disqualification shall also extends, not only for animal-related profession but for his tenure. But finally not been included disqualification living with animals. Some constituent criminal offenses remain before faults: the abandonment of animals passing an attenuated subtype constitute the crime of cruelty to animals. And the old lack of abuse continues as a supplementary offense, but turned into crime. Both offenses punishable by fines, markedly increased, and the novelty with the penalties of disqualification profession that is related to animals and tenure.