According to the Affinity Foundation Study on abandonment and adoption, in 2016 a total of 104,447 dogs and 33,335 cats were taken in by animal welfare societies in our country. Despite the growing social awareness in favour of their rights, this figure is still very high.
Our legislation punishes both animal abuse and abandonment , both through criminal and administrative means.
Organic Law 1/2015, of March 30 (amending the Penal Code), modifies spam database article 337 of the Penal Code that regulates animal abuse. The reform substantially expands the criminal protection of animals:
Abandoning an animal is now a crime; before it was a misdemeanor.
Specific aggravating factors are included and special reference is made when the acts are carried out in the presence of a minor.
If the abuse results in the death of the animal, the prison sentence can reach 18 months and a ban on animal ownership for up to 4 years.
The prison sentence and disqualification are increased, and the content of the latter is also expanded.
Special disqualification for the ownership of animals becomes the main penalty for the crime of abuse, and a serious penalty for the crime of abandonment.
The crime of abandoning animals
Crime defined in article 337 bis CP, before the 2015 reform it was considered a misdemeanor.
Article 337 bis : Anyone who abandons an animal mentioned in section 1 of the previous article in conditions in which its life or integrity may be endangered shall be punished with a fine of one to six months. The judge may also impose a special disqualification of three months to one year from exercising a profession, trade or business related to animals and from keeping animals.
This is a minor offence, a milder form of animal cruelty. It punishes anyone who abandons a domestic animal in conditions that could endanger its life or integrity.
A fine of one to six months is imposed, and the judge may also impose a special disqualification penalty of three months to one year.
The crime of abandonment can be committed both if the animal is left outside the residence of the animal's owner (in the countryside, at a petrol station, on the outskirts of the city, etc.), that is, in a dangerous situation. Or if the animal remains at its residence but does not receive assistance from its owner to meet its basic needs, since in this case it would also be in a dangerous situation.
We are dealing with a crime of commission by omission. The subject's conduct is always omissive, failing to fulfill his duties of assistance or to provide the necessary assistance for the sustenance of the animal.