Animal Cruelty in Spain: When Is It an Offence? Penalties and Defence 2026

The criminal protection of animals has undergone a regulatory revolution in Spain. Law 17/2021 and the 2023 reform of the Criminal Code have notably toughened the penalties for animal cruelty, turning conduct previously sanctioned administratively into criminal offences. 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 disqualification of 2 to 4 years from living with animals.
• Cruelty causing serious injury (Art. 340 bis): 3 to 18 months in prison or a fine of 6 to 12 months.
• Abandonment endangering the animal's life: a fine of 1 to 6 months.
• Sexual exploitation of animals: 6 to 12 months in prison.

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: active aggression that causes suffering, serious injury or the death of the animal.

Defence Strategies

• Absence of intent: cruelty requires intent or at least gross negligence. An accident is not cruelty.
• 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.