Animal Cruelty in Spain: When Is It an Offence? Penalties and Defence 2026
In this article
Key Takeaways
- Penalties toughened in 2023
- Up to 24 months in prison
- Abandonment = an offence
- Veterinary expert report is key
Since Organic Law 3/2023, Art. 340 bis CP punishes causing a domestic animal, or one under human control, an injury requiring veterinary treatment with 3 to 18 months' prison or a fine of 6 to 12 months, plus 1 to 3 years' disqualification; if the animal dies, 12 to 24 months' prison. Only intentional cruelty is punished: an accident is not an offence.
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The criminal protection of animals has undergone a regulatory revolution in Spain. Following Law 17/2021, which stopped treating animals as things under the Civil Code, the 2023 reform of the Criminal Code (Organic Law 3/2023) has notably toughened the penalties for animal cruelty and widened the conduct punished. As criminal lawyers experienced in animal cruelty, we explain the new legal framework.
Types of Animal Cruelty in the Criminal Code
- Cruelty resulting in death (Art. 340 bis): 12 to 24 months in prison and 2 to 4 years' disqualification from keeping animals and from related professions.
- Cruelty causing injury that requires veterinary treatment (Art. 340 bis.1): 3 to 18 months in prison or a fine of 6 to 12 months, plus 1 to 3 years' disqualification.
- Abandonment endangering the animal's life or integrity (Art. 340 ter): a fine of 1 to 6 months or 31 to 90 days of community service, plus 1 to 3 years' disqualification.
- Injury not requiring veterinary treatment, or serious mistreatment without injury, including sexual acts (Art. 340 bis.4): a fine of 1 to 2 months or 1 to 30 days of community service, plus 3 months' to 1 year's disqualification.
When Is It an Offence and When an Administrative Infringement?
The fundamental difference is the seriousness of the harm and the intent:
- Administrative infringement: negligence in care, lack of vaccination, not using a lead in a mandatory area.
- Criminal offence: intentionally causing the animal an injury (whether or not it requires veterinary treatment), its death or serious mistreatment, or abandoning it in a way that endangers its life or integrity (Arts. 340 bis and 340 ter).
Defence Strategies
- Absence of intent: only intentional cruelty is punished; an accident or negligence is not an offence.
- State of necessity: acting in self-defence or in defence of others against a dangerous animal.
- Mistake as to the facts: ignorance of the animal's needs (new owners, unfamiliar breeds).
- Veterinary expert report: a report showing that the injuries were not caused by the person under investigation.
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Official text: article 340 bis of the Spanish Criminal Code (BOE)
Frequently asked questions
When is animal cruelty a criminal offence and when is it an administrative infringement?
It depends on the seriousness of the harm and the intent. Intentionally causing an animal an injury requiring veterinary treatment, or its death, is a criminal offence (Art. 340 bis CP), as are, with lower penalties, injuries not requiring such treatment and serious mistreatment without injury (Art. 340 bis.4 CP). Negligence in care, such as failing to vaccinate the animal or not using a lead in a mandatory area, remains an administrative infringement.
What penalties apply to animal cruelty after the 2023 reform?
Cruelty causing injuries that require veterinary treatment is punished under Art. 340 bis CP with 3 to 18 months' prison or a fine of 6 to 12 months, plus 1 to 3 years' disqualification from any profession related to animals and from keeping them. The penalties are imposed in their upper half where an aggravating factor of Art. 340 bis.2 CP applies (cruelty, the presence of minors, use of weapons…), and the death of the animal (Art. 340 bis.3 CP) carries 12 to 24 months' prison and 2 to 4 years' disqualification.
Is abandoning an animal a criminal offence?
Yes, where a vertebrate animal is abandoned in conditions that may endanger its life or integrity: a fine of 1 to 6 months or 31 to 90 days of community service, plus 1 to 3 years' disqualification (Art. 340 ter CP). Abandonment was already a criminal offence before the reform; Organic Law 3/2023 has made its penalty harsher.
What defences are available against an animal cruelty accusation?
The main ones are the absence of intent (only intentional cruelty is punished, so an accident or negligence is not an offence), a state of necessity when facing a dangerous animal, a mistake as to the facts due to ignorance of the animal's needs, and a veterinary expert report proving that the injuries were not caused by the person under investigation.
Can a cruelty conviction disqualify someone from keeping animals?
Yes. A conviction for animal cruelty carries disqualification from keeping animals and from practising any profession, trade or business related to them for the period set in the judgment, in addition to the corresponding prison sentence or fine.
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This page is for information purposes only and does not constitute legal advice: every case requires individual assessment. How this content is produced and verified: editorial policy.