Animal Abuse And Its Regulation Under Spanish Legislation

Animal abuse and its regulation under Spanish legislation

Introduction

To start with this work it is important to define the following essential concepts:

According to the Spanish real academic, the action of "mistreat" consists of: "1. tr. Deal with cruelty, hardness and disconsideration to a person or an animal, or not give the care you need. two. tr. Treat something abrupt, careless or inconsiderate."

Given these definitions, we can conclude that animal abuse is an action that consists of exercising a certain violent, cruel, humiliating, careless and harmful behavior, thus causing a completely unnecessary pain and suffering stress, pain and suffering on the victim. In Spain this behavior is typified as a crime and punished as such.

Developing

Types of animal abuse

Within this type of crime there are various forms of action, which are collected in two types of animal abuse: direct and indirect.

Direct animal mistreat. On the other hand, indirect animal abuse is one who exercises an individual when he is complicit and supports certain behaviors and behaviors that are carried out, causing in the animal a negative and harmful effect such as bullfighting, the purchase of garments from industriesfights, participation in cockfights or dogs or even witnessing some animal abuse and not denouncing or reacting to this situation. There are numerous forms of animal abuse but many of them, despite causing a negative effect on animals, are not considered abuse since they are socially accepted and in Spain in particular the following are given:

•  Bullfighting: despite being considered as typical activity that is part of Spanish tradition and culture, it does not cease to suppose a cruel humiliation and death for the bull. This animal is tortured dizzy until it nays itchs, flags and stacks that cross their skin until they reach the lungs, the heart or spinal cord causing his death in this way. However, this practice remains legal in Spain.
•  Hunting: Like the bullfight is legalized since it is considered a sporting activity. With hunting the most affected animals are birds, rabbits, roese, wild boars … among others. In addition, accessories are used for the activity to be more efficient such as dogs, stocks or traps.
•  The abandonment: “Around 138.400 dogs and cats were abandoned or lost in 2018 in Spain, a figure very similar to 2017 (138.300 abandoned) "
•  The farms: it is the place where animals are barley and sacrificed to allocate their meat, milk, eggs … to the market. Animals suffer during transport to farms and also once installed there, due to the low space there are and the large number of animals that agglomerate.
•  The shows: it is the exploitation of animals to carry out work and stereotyped behaviors with the aim of entertaining an audience, regardless of the ill -treatment to which they are sometimes subjected or the deprivation of liberty that supposes for these animals. For example the circus.
•  The fighting industry: “85% of the skin used in European production comes from farms raised in farms. These live in very poor conditions and die drastically so that the skin does not deteriorate (electrocutation, suffocation and lethal injections) "
•  The exploitation and abuse caused during scientific experimentation.
•  Mutilation: the most common are on the one hand the cuts of tail and ears and on the other hand the removal of vocal strings and nails.

The psychological profile of the abuser

Several studies agree that people who mistreat animals usually present mental illnesses, charging great relevance certain psychological disorders such as dissocial disorder and antisocial personality disorder.

On the one hand, dissocial disorder usually occurs in the childhood of the individual. According to the diagnostic and statistical manual of mental disorders (DSM-IV), this disorder causes the individual to carry out repetitive and cruel behavior about the animal, accompanied by certain personality characteristics such as lack of empathy, sensitivity, sensitivity,of feeling of guilt and repentance, vulnerable self – esteem, absence of concerns, inability to detect the feelings of others and emotional instability, among others.

On the other hand, the antisocial personality disorder usually appears in the individual after turning 18, but it should be noted that it normally arises due to the previous existence of the dissocial disorder in the individual. This disorder presents features very similar to those of the dissocial disorder, since there is a certain contempt and transgression of certain rights outside of your person. Therefore, it has been shown that people diagnosed with this disorder usually present some of the following traits: difficulty of social adoption and breach of legal norms, exercise of impulsive, dishonest, aggressive, violent behaviors;And as was the case in dissocial disorder, there is absence of concerns of both own and others, irresponsibility and lack of empathy, guilt and remorse.

It is interesting to observe how people who comment on this type of behavior based on the enjoyment of animal abuse can be related to other criminal behaviors such as gender or domestic violence and even with serial murderers.

For example: “Referred to serial killers, it is common for animals to kill as essay and then kill human victims (Barnard, N.D&GAN, A.R., 1999)."

In the same way there are studies that demonstrate how certain men use animal abuse as a mere instrument to threaten or cause psychological damage about their partner or child;And not only that does not also be an antecedent that can trigger gender or domestic violence: “the abuse of animals ‘socializes’ the aggressor with violence, it is as if a barrier had passed, and once mistakenAnimal, there are less inhibitions to do so with human beings, making acts of cruelty towards other family members more likely (Capacés, 2005, 76) "

Regulation of animal abuse according to Spanish legislation

In Spain the protection of animals did not take into account until a criminal reform came into force that typified animal abuse as a crime. It is currently collected by the Criminal Code in article 337 and 337 bis, which say the following:

Article 337 is referred to the penalty that those people who unjustifiably mistreat a domestic animal that live under the control of a human will receive, causing injuries that seriously harm their health or subjecting him to sexual exploitation. This crime will entail a three -month prison sentence and one day to a year. But this penalty can be aggravated in case there has been teaching, use of objects, instruments, weapons, causing in the animal the loss or uselessness of some organ, meaning or member of the body or if this abuse had been carried out in front of a minorold. On the other hand, the penalty of six to eighteen months in prison is also regulated for those who had caused the death of the animal, in addition to a special disqualification penalty of two to four years. Finally, this article also sanctions those people who mistreat any animal in order to use it for an unauthorized legally authorized show with the corresponding penalty of a fine of one to six months. In addition to the possibility that the judge can impose the penalty of special disqualification from three months to one year.

On the other hand, in article 337 bis, those persons who leave an animal mentioned above in article 337 are sanctioned from one to six months.1, causing your life to be in danger. In addition to the possibility that the judge can see him with the special disqualification of three months to one year. However, each Autonomous Community adopts its own laws on this matter, in the same way that some municipalities establish its own municipal ordinance about animal protection. That is to say actions and behaviors that in some communities are allowed, but that in others however they suppose the commission of a crime. “The pioneer in approving a law for the protection of autonomous animals was Catalonia in 1988 and then, the remaining CCAA promulgated their own laws with different scopes and contents, so that each of them varies in terms ofinclusion or not of protection rules of other types of animals in addition to those of company."

In this aspect Catalonia is the autonomous community most dedicated to animal protection, since for example it prohibits behaviors such as the sacrifice of abandoned animals (without establishing a time limit to be collected as occurs in the other autonomous communities) or themutilations such as ears and tail for purely aesthetic reasons or its display in stores. In addition, the amount of money involved in animal abuse varies markedly from one community to another.

The importance given to this type of crime in our country is such, which Spain ratified the European Agreement for the Protection of Companies, 28 years after its publication in 1987.

Prevention measures

One of the possible measures that could be adopted is the government’s performance in this area and taking advantage of the new elections, many political parties have offered animal protection proposals such as the PSOE that proposes to decosify animals in the Civil Code, or asWe can “want ‘to protect the rights of animals’ approving an animal welfare law that reduces the VAT of the veterinary services of 21% (in force today) to 10%. Would do the same with ‘animal feed products’, reducing the 4% tax. We can also propose to typify the ‘crime of abuse of wild animals’ and demands to raise the ‘penalties for abandonment of animals’ ”.

However, eleven animalist parties have also been presented to European Parliament, including the Spanish Pacma party, which have committed to work together. These are some of their proposals: to offer moral and legal status to animals, improve conditions on industrial farms and thus guarantee animal welfare laws, eliminate transport and harmful livestock practices, stop intensive fishing, prohibit huntingand experimentation with animals, as well as fighting farms. All this to achieve a higher animal protection service.

conclusion

To finish this essay, it seems important to emphasize that to be a crime that can occur in multiple situations and not only that, but also can lead to the commission of other violent crimes, it is very little regulated. It would also reinforce the penalties for animal abuse since the current ones are so slight that it is very difficult for a person to entertain or even kill an animal. That is, being less than two years, prison is not entered unless they have a criminal record. In the same way, the same sanctions and regulations would establish for all autonomous communities, thus improving animal protection nationwide. Finally, from my point of view, I consider that in order to reduce this type of crime, greater social awareness is essential, while an improvement in education.

Bibliography

1. Document written by Laura de Santiago Fernández with Master in Criminalistics and Forensic Psychology, to 07/01/2013. Animal abuse from a criminological point of view. Recovered from: https: // dialnet.united.is/download/article/5476723.PDF
2. Scientific article written by Messiah Rodríguez, J. (2018). The crimes of abuse and abandonment of animals in the Spanish Criminal Code. Forum of Animal Law Studies. Vol. 9 (2), 66-105. Recovered from: https: // ddd.UAB.CAT/Pub/DA_A2018V9N2/DA_A2018V9N2P66.PDF
3. Book written by Ambrosio Morales, M.T. & Anglés Hernández, M. (2017). The legal protection of animals. Recovered from: https: // files.Juridics.UNAM.mx/www/bjv/books/9/4436/9.PDF
4. Article written by Bernuz Beneite, M.J. (2015). P 97-26. Published in the magazine of victimology and integrated in the MICINN project «the treatment of gender violence in the administration of justice. Implementation and efficacy of LO 1/2004 ». Animal abuse as domestic and gender violence. An analysis of victims. Recovered from: https: // zaguan.Unizar.es/record/61918/files/text_.PDF
5. Organic Law 1/2015, of March 30, which modifies Organic Law 10/1995, of November 23, of the Criminal Code. Official State Gazette, 77, from March 31, 2015, 27061 to 27176. Recovered from: https: // www.BOE.is/search/act.PHP?ID = BOE-A-1995-25444#A337
6. Publication of 20 minutes editor, s.L. (05/28/2014). Animal protection laws: Spain improves in criminal matters, but autonomic chaos continues. Recovered from: https: // www.20 minutes.ES/NEWS/2149922/0/LAWS/PROTECTION-ANIMAL/SPANA/
7. Official Page of the Animalist Party Against Animal Abuse (PACMA). Legislation. Recovered from: https: // pacma.is/legislation/
8. Official Page of the Animalist Party Against Animal Abuse (PACMA). News: the international movement in defense of animals expects to triple its presence in the European Parliament. Recovered from: https: // pacma.It is/the-movement-in-defense-of-the-animals-hope-triply-suggestion-in-the-Europe-Europe/