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
Animal cruelty is an offence when there is active aggression that causes suffering, serious injury or the death of the animal; mere negligence in care usually remains an administrative infringement. Following Law 17/2021 and the 2023 reform of the Criminal Code, cruelty causing injury is punished under Art. 340 bis CP with prison or a fine plus disqualification from keeping animals, and penalties are aggravated where there is a death or sexual exploitation. The offence requires intent or gross negligence: an accident is not cruelty.
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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.
Accused of Animal Cruelty?
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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. Active aggression causing suffering, serious injury or the death of the animal is a criminal offence. 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 prison or a fine, plus disqualification from any profession related to animals and from keeping them. Penalties are aggravated in the most serious cases, such as the death of the animal or its sexual exploitation.
Is abandoning an animal a criminal offence?
Abandonment can be an offence when it creates a danger to the animal's life or physical integrity, punishable by a fine. The reform has notably toughened the response to this conduct, which was previously only sanctioned administratively.
What defences are available against an animal cruelty accusation?
The main ones are the absence of intent (the offence requires intent or, at least, gross negligence, so an accident is not cruelty), 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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