Criminal Defence Lawyers in Crimes Against Animals
Specialized legal defence in animal abuse crimes following the Criminal Code reform.
The offence of animal cruelty (Art. 340 bis of the Spanish Criminal Code (CP)), as reformed by Organic Law 3/2023, punishes anyone who unjustifiably mistreats an animal and thereby causes it injuries that seriously impair its health, or its death. The basic penalty is imprisonment of 3 to 18 months or a fine of 6 to 12 months, together with disqualification from keeping animals and from related professions for 1 to 3 years; it rises to 6 to 24 months in aggravated cases (cruelty — ensañamiento — or the presence of minors) and up to 24 months where death is caused. Abandonment (Art. 340 ter CP) is punished with a fine of 1 to 6 months or community service. At Alonso Sala we challenge the official veterinary expert evidence in order to establish that the injuries fall short of the statutory threshold of seriousness and that the conduct may amount to no more than an administrative infringement.
The New Era of Animal Penal Law
The recent Criminal Code reform (Organic Law 3/2023) has drastically toughened penalties, creating a new specific Title. It punishes not only death or serious injuries requiring veterinary treatment, but also abuse without injuries if 'degrading treatment' exists. We defend individuals, breeders, pack owners, veterinarians, and sector professionals against accusations that often arise from activist complaints or biased and exaggerated neighborhood conflicts.
New Aggravated Types and Penalties
The Criminal Code contemplates penalties of up to 36 months in prison (implying effective entry if there are records) in cases with aggravating factors such as:
- Use of weapons, instruments, or methods specifically dangerous to the animal's life.
- Cruelty (unnecessarily increasing suffering).
- Committing the act in the presence of minors.
- Disseminating it on social media (recording facts), very common nowadays.
Strategy: Negligence vs Intent
Our defence seeks to dismantle the intent of abuse (intention to harm). In cases of veterinarians or owners, negligence (lack of care, an oversight) is often confused with active criminal abuse. We work with forensic veterinary experts to prove that the animal's lesions or death were due to natural causes, accidents, pre-existing diseases, or non-malicious medical complications. We also oppose Provisional Confiscation of animals, fighting for them to remain with their owner or in safe deposit during the process.
Penalties & Consequences: Crimes Against Animals
| Type / Scenario | Criminal Penalty |
|---|---|
| Principal Penalty (Art. 340 bis CP) | Penalty established by the Criminal Code for this offence type. |
| Fines and Ancillary Penalties | Fines and special disqualification provided by the Criminal Code. |
| Civil Liability | Compensation to victims for damages and losses caused. |
* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.
Defense Strategy: Crimes Against Animals
Veterinary Expert
Forensic reports to determine the real cause of death or injury.
Absence of Degrading Treatment
Dismantling the subjective accusation of cruel treatment.
Precautionary Measures
Opposition to provisional confiscation of animals.
Civil Liability
Minimization of requested indemnities.
Environmental and Urban Planning Crimes in Spain: Defence Guide
Environmental crimes (Arts. 325-340 CP) and urban planning crimes (Arts. 319-320 CP) are increasingly prosecuted in Spain, especially following EU environmental directives. Directors of companies, urban planners, and public officials can be held personally liable for environmental harm caused by their organisations.
Penalty Table: Environmental and Urban Planning Crimes
| Offence | Article | Penalty |
|---|---|---|
| Pollution causing serious environmental risk | Art. 325 | 6 months – 2 years + fine |
| Serious pollution (Art. 326 aggravated) | Art. 326 | 2 – 5 years |
| Illegal waste dumping | Art. 328 | 6 months – 2 years + fine |
| Protected species crimes | Art. 334 | 6 months – 2 years |
| Illegal construction on non-buildable land | Art. 319.2 | 1 – 3 years + demolition order |
| Illegal construction on specially protected land | Art. 319.1 | 1 – 4 years + demolition order |
| Official granting illegal planning permission | Art. 320 | 1 – 3 years + disqualification |
| Forest fire (arson) | Art. 351-352 | 1 – 5 years |
Key Defence Strategies
Challenging the 'Serious Risk' Threshold
Art. 325 requires a serious risk to natural equilibrium or human health. If the environmental impact was minor, temporary or fully remediated, the prosecution must prove the risk threshold was met. Independent expert reports are decisive.
Regulatory Compliance Defence
Environmental crimes require acting contrary to administrative regulations. Demonstrating that the activity was authorised, had all required permits, and complied with applicable administrative restrictions is a complete defence.
Urban Planning: Land Classification Challenge
For Art. 319, whether the land is 'non-buildable' or 'specially protected' is often disputed. Urban planning law is complex and classifications change. Challenge the applicable land classification at the time of construction.
Individual Liability of Corporate Managers
Directors can be prosecuted for acts of the company if they knew about and failed to prevent the environmental harm. The defence challenges: (1) their actual knowledge, (2) their factual ability to prevent it, and (3) whether they relied on specialist authorisations.
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