Congress approves the criminal reform of animal abuse without changes in the Senate when the Government loses the vote

ERC, PNV, Más País, PP, Vox or Ciudadanos have rejected the text, which required an absolute majority due to its organic nature

   MADRID, 16 Mar. (EUROPA PRESS) -

The Congress of Deputies has approved the draft Law to reform the Organic Law of the Penal Code in relation to the crime of animal abuse, in the wording that the Lower House approved weeks ago because the organic nature of the norm forced the approval of the text as a whole by an absolute majority, something that the Executive has not achieved.

The Government has been left practically alone in the vote, with the support of PSOE, UP and EH-Bildu and the abstention of Junts x Cat and Teruel Existe. On the contrary, PP, Vox, PNV, ERC, Cs, Más País-Verdes Equo, Compromís, PdCat and BNG have voted against.

The amendments proposed by the Senate had been previously approved by the plenary session of Congress, requiring a simple majority, but since it was an Organic Law, 176 votes were required in the overall vote, but this has not been achieved, so the changes finally decay. incorporated by the Senate and the text approved by the Lower House is approved.

The rejected changes affected the judges being able to decide the confiscation of mistreated animals as well as others that were also at risk and to attend to their protection; a penalty of deprivation of the right to possess and carry weapons from 2 to 4 years for anyone who has used weapons in hunting or fishing activities, whoever acquires, possesses or destroys protected species of wildlife; traffic with them, their parts or derivatives thereof; carry out activities that prevent or hinder their reproduction or migration.

Likewise, anyone who hunts or fishes for different species is deprived of the right to possess and carry weapons for two to five years, when it is expressly prohibited by the specific regulations on hunting or fishing, in which case the punishment would be a penalty of a fine of eight to twelve months and special disqualification from hunting or fishing for two to five years.

One of the modifications that provoked the most debate in the parliamentary process and that finally went ahead in the plenary session of the Senate was the suppression of article 337 regarding the punishment provided for in the case of mistreatment of animals with serious injuries to their health or the subjection of the same to sexual exploitation of domestic animals, tamed or that do not live in the wild.

In its place, a new article 340 bis was introduced to precisely regulate acts of a sexual nature with animals so that whoever caused damage or injury to a domestic animal by any means, including sexual acts, would have a prison sentence of three to eighteen months. or a fine of six to twelve months as well as a penalty of disqualification for any profession that is related to animals and prohibition of animal possession if the mistreated animal required veterinary treatment for its recovery.

However, if the injuries did not require any veterinary treatment, the penalty would be from three to twelve months or a fine of three to six months, as well as special disqualification from one to three years for the exercise of the profession, trade or trade that has relationship with animals and animal ownership.

In addition, the Upper House had introduced that investigating judges could adopt precautionary measures for the protection of animals, including provisional changes in ownership and care of the animal. All these changes will not be included in the text that will be published soon in the BOE, since the overall vote to which the text has been submitted has not obtained an absolute majority because it is an organic law.