The Plenary of General Council of the Judiciary (CGPJ) will debate at its meeting on Thursday, November 24, the proposal for a report on the Draft Law to reform the Penal Code, in matters of animal abuse, for which the member Roser Bach has been a speaker and which, among other aspects, advises that with these changes it can be punished more for a man to mistreat a dog than his partner.
The reform of the Penal Code on animal abuse is being processed in parallel with the draft Animal Welfare Law, at the proposal of the Ministry of Social Rights and for the 2030 Agenda, which directs Ione Belarra, and the Government approved its referral to the Cortes last August, without having been informed by the CGPJ, a circumstance that the Popular Party criticized in a letter. Even so, the body of judges will rule on the draft this Thursday.
As reported by the CGPJ, the penal reform on animal abuse may affect the principle of proportionality of sanctions. Sources from the institution point out to Europa Press that, for example, with the future law on animal abuse, hitting the dog is punishable by between 3 and 18 months in prison and between 6 months to a year in prison if the woman is assaulted (in both cases without serious injury).
[Estas son las principales novedades de la Ley de Derechos Animales]
Specifically, the CGPJ points out that a case in which the principle of proportionality may be affected is the penalty provided for animal abuse when the aggravating circumstance of having committed the acts to cause harm to whoever is or has been the author’s spouse occurs.
Thus, it points out that the prison sentence provided for in the draft for this case is higher than that currently set for the minor offense of coercion, minor threats, injuries that do not require medical or surgical treatment or mistreatment of work in the field of violence against women.
At another point, it points out that if the crime of injuring vertebrate animals that do not require veterinary treatment is compared with the minor crime of injuring people that do not require medical or surgical treatment, the penalty is the same, that is, a fine of one to three months.
But in the first of the cases, the possibility of an alternative sentence of works for the benefit of the community is foreseen, the extension of which (from 31 to 90 days) determines that the type must be classified as a less serious crime and not as a minor crime such as This is the case of injuries without medical or surgical treatment in people.
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