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)), introduced by Organic Law 3/2023, punishes anyone who causes a domestic, tamed or domesticated animal, or one living under human control, an injury requiring veterinary treatment, with 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; the penalties are imposed in their upper half where an aggravating factor of paragraph 2 applies (cruelty, the presence of minors, use of weapons…), and the death of the animal carries 12 to 24 months' imprisonment. Abandonment (Art. 340 ter CP) is punished with a fine of 1 to 6 months or 31 to 90 days of community service, plus 1 to 3 years' disqualification. At Alonso Sala we challenge the official veterinary expert evidence in order to establish that the injuries did not require veterinary treatment, which leads to the lesser offence of paragraph 4.
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 injuries requiring veterinary treatment and the death of the animal and, with a lower penalty, injuries not requiring such treatment and serious mistreatment without injuries (Art. 340 bis.4 CP). 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
Where one of the aggravating factors of Art. 340 bis.2 CP applies, the penalties are imposed in their upper half (up to 18 months for injuries and up to 24 months where the animal dies), for example:
- 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.
Defence 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 or likely to cause substantial damage | Art. 325.1 | 6 months – 2 years + fine and disqualification |
| Pollution that may seriously harm the natural balance | Art. 325.2 | 2 – 5 years + fine and disqualification |
| Illegal waste management | Art. 326 | Same penalties as Art. 325 |
| Protected species crimes | Arts. 332 and 334 | 6 months – 2 years or fine + disqualification |
| Illegal construction on non-buildable land | Art. 319.2 | 1 – 3 years + fine and disqualification (demolition may be ordered) |
| Illegal construction on specially protected land | Art. 319.1 | 1 year 6 months – 4 years + fine and disqualification (demolition may be ordered) |
| Official granting illegal planning permission | Art. 320 | 1 year 6 months – 4 years + fine + 9 to 15 years' disqualification (Art. 404) |
| Forest fire (arson) | Art. 352 | 1 – 5 years + fine (10 – 20 years if lives are endangered, Art. 351) |
Key Defence Strategies
Challenging the 'Substantial Damage' Threshold
Art. 325.1 requires conduct that causes or may cause substantial damage to the quality of air, soil or water, or to animals or plants (and Art. 325.2, conduct that may seriously harm the balance of natural systems). If the environmental impact was minor, temporary or fully remediated, the prosecution must prove the 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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