The official gazette publishes the LO 3/2023, of March 28, which modifies the Criminal Code regarding animal abuse. In effect since April 18, this modification:

1. Repeals the old articles that classified behaviors related to animal abuse (Arts. 337 and 337 bis CP) and introduces a new title XVI bis that will be titled “Crimes against animals,” including Arts. 340 bis to 340 quinquies, with the classification of the following behaviors (which may also generate criminal liability for legal entities -Art. 340 quater CP-):

  • Causing, outside of legally regulated activities, the death:
    • Of a domesticated, tamed, or domestic animal, or one that lives temporarily or permanently under human control (art. 340 bis 3 p 1 CP).
    • Of a vertebrate animal not included in the previous section (art. 340 bis 3 p 2 CP).
  • Causing, outside of legally regulated activities, injuries that require veterinary treatment for the restoration of their health:
    • To a domesticated, tamed, or domestic animal, or one that lives temporarily or permanently under human control (art. 340 bis 1 p 1 CP).
    • To a vertebrate animal not included in the previous section (art. 340 bis 1 p 2 CP).
  • Causing, outside of legally regulated activities, injuries that do not require veterinary treatment or seriously mistreating the animal without causing injuries (art. 340 bis 4 CP).
  • Abandoning a vertebrate animal in conditions in which its life or integrity may be endangered by someone who is responsible for it (art. 340 tercera CP).

2. Modifies the title of Chapter IV of Title XVI, which now becomes “Crimes against flora and fauna” and includes Arts. 334, 335, and 336 CP, to complete the criminal classification of hunting, fishing, and shellfishing activities.