Legal experts call for tougher penalties for animal abusers
Today I share this post which I have jointly and consensually written with my dear colleagues Josefa Muñoz Ruiz, lecturer in criminal law at the University of Murcia. and Angel Martínez Soria, a lawyer specialising in animal law.
However, before we go into this post, it is necessary to explain what the Clínica Jurídica (legal clinic) of Murcia University is.
UMU legal clinic
The article you are reading is the result of legal research by the working group for animal protection of the Murcia University (UMU) faculty of law legal clinic, with which I had the good fortune to collaborate as a teacher last year, representing the animal protection institute (IPA - www.institutodeproteccionanimal.com) and DeAnimals (www.deanimals.com).
And, to my good fortune, this year, 2021, as well.
The study group that dealt with this issue were clear that we were going to work on a legal proposal to reform the penal code, because we considered that it was necessary to increase both the penalties and the instances of legal protection in cases of criminal mistreatment and abandonment of animals.
As such, if this proposal for the reform of the penal code is accepted, we will begin to see those responsible for these conducts facing real prison sentences and not the symbolic ones which are currently the case in the majority of convictions for the criminal offence of animal mistreatment.
This legal proposal to reform the penal code aims to protect all wild animals, so that we no longer see cases of extreme cruelty in which a fox or a wild boar, or any other wild animal, is mistreated and this act of mistreatment goes unpunished in criminal proceedings.
Let's get on with it.
Proposal for the reform of articles 337 and 337 bis of the penal code
1. Extend the scope of protected animals to also cover feral and wild animals (at least vertebrates).
2. Delete the term 'sexual exploitation', which has a restrictive judicial interpretation.
3. Increase the penalties of deprivation of liberty and professional disqualification that are linked to typical acts of mistreatment.
4. Introduce, as a mandatory requirement, that the abuser is kept away from the animal that is a victim of mistreatment, and for the animal to be placed in custody, during the processing of the case, at judicially designated centres or with foster families.
5. To regulate that in the event of a conviction, the guilty party is definitively deprived of possession or ownership of the abused animal, thus legalising the start of an adoption process.
6. Increase the fine imposed for the crime of deliberate abandonment of animals, raising the minimum limit to over three months, thus elevating it from a minor to a less serious penalty.
7. Press charges for each animal mistreated in cases when a number of animals are victims of mistreatment and/or abandonment, i.e. one offence for each animal mistreated or abandoned.
Proposal of five parallel measures
In parallel, we propose five measures to ensure that this reform will lead to legal and real protection of mistreated and abandoned animals.
1. Specific training for the professionals who are dedicated to the prosecution of these crimes, especially the security forces.
2. Specialisation of forensic experts so that they are able to prepare relevant expert evidence.
3. Precise description of the administrative legislation on the subject.
4. Encouragement and promotion of close cooperation and coordination between the competent public authorities in the matter.
5. Individual training programmes on animal protection for persons who are convicted of these crimes.
Conclusion
The authors of this work do not hesitate to advocate a radical change in the legal protection of animals, in such a way that they enjoy legal protection as close as possible to that enjoyed by people (non-human animals).
I would like to end this post by thanking the UMU (www.um.es) for being a pioneer in Spain with its involvement with the Legal Clinic project to give a voice to animals, and for introducing animal law to the university sphere. Soon I will share more details of projects related to this subject that this university has programmed, so stay tuned to this section.