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When is it a crime to abandon an animal?

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發表於 2024-3-16 12:07:41 | 顯示全部樓層 |閱讀模式

The crime of abandoning animals , regulated in article 340 ter, requires two requirements: That the subject abandons a vertebrate animal that is under his responsibility . Do so in conditions that may endanger the life or integrity of the animal. The crime of abandoning animals is punishable by a fine of 1 to 6 months or work for the benefit of the community of 31 to 90 days , and special disqualification for a period of 1 to 3 years from the exercise of any profession, trade or trade. relationship with animals and for the possession of animals. Crime of animal abuse by legal entity Legal entities can also commit a crime of animal abuse , as provided for in article 340 quater of the Penal Code. According to this precept, in accordance with the provisions of article 31, the legal entity would be subject to the following penalties: Fine of 1 to 3 years , when the crime provides for a prison sentence of more than 2 years. Fine of 6 months to 2 years , in any other case.

The article adds that, taking into account the rules of article 66 bis, the penalties of paragraphs b) to g) of article 33.7 may also be imposed, which are the following: Dissolution of the legal entity , producing the definitive loss of its legal personality and its ability to act in any way in legal traffic, or to carry out any type of activity, even legal. Suspension of its activities for a period of no more than 5 years. Closure of its DM Databases premises and establishments for a period of no more than 5 years. Prohibition of carrying out in the future the activities in the exercise of which the crime has been committed, favored or covered up , temporarily or definitively. When it is temporary, the term will not exceed 15 years. Disqualification from obtaining public subsidies and aid , from contracting with the public sector and from enjoying tax or Social Security benefits and incentives , for a period not exceeding 15 years. Judicial intervention to safeguard the rights of workers or creditors for the time deemed necessary, which will not exceed 5 years.



Other possible consequences of the crime of animal abuse As established in article 340 quinquies, the judge or court may, with reasons, adopt any precautionary measure necessary for the protection of property protected in crimes against animals, including provisional changes in the ownership and care of the animal . Again, we are talking about a possibility, not a penalty that always has to be imposed. On the other hand, when the penalty of special disqualificabused animal, the judge or court , ex officio or at the request of a party, will adopt the pertinent measures regarding the ownership and care of the animal . Why is it important to regulate animal abuse? The abuse of animals can reach very cruel and sadistic levels. Animals are living beings that feel and suffer , and can become very vulnerable to people, especially when it comes to domestic species or pets. Laying the foundations of a strong ethic to guarantee animal welfare should, therefore, be an essential need in every modern society.

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