Article 340 bis of the Criminal Code
TÍTULO XVI bis — De los delitos contra los animales
Explanation and defense
What Article 340 bis of the Criminal Code punishes
Article 340 bis defines the offence of animal cruelty, within the title specifically dedicated to offences against animals. It punishes anyone who, outside legally regulated activities and by any means —including acts of a sexual nature—, causes a domestic, tamed, domesticated animal, or one living under human control, an injury requiring veterinary treatment. It provides a lower-penalty form where the victim is a non-domestic vertebrate animal.
Penalty
An injury requiring veterinary treatment carries three to eighteen months in prison or a fine of six to twelve months, plus special disqualification of one to three years from animal-related professions and from keeping animals. The penalties are imposed in their upper half where aggravating circumstances apply, such as cruelty, the use of dangerous means, the loss of an organ or sense, the offender being the owner, the presence of a minor, a profit motive or public dissemination of the act. Where the death of the animal is caused, the penalty is twelve to twenty-four months in prison. Cruelty not requiring veterinary treatment is sanctioned with a fine of one to two months or community service.
Defense strategy
The defense often relies on the veterinary report, decisive in determining whether the injury genuinely required treatment —which marks the boundary between the offence and its minor form—, and on verifying that the conduct fell outside the legally regulated activities that the offence itself excludes.
Quick reference
Orientative data computed from the highest prison term mentioned in this article. Aggravated or mitigated subtypes, non-custodial penalties and concurrence rules may alter the outcome in each specific case.
Highest prison term mentioned
2 years
Classification (arts. 13 & 33 CP)
Less serious offense
Limitation period (art. 131 CP)
5 years