The report warns that with the planned reform it can be punished more for a man to hit the dog than his partner
MADRID, 24 Nov. (EUROPA PRESS) -
The General Council of the Judiciary (CGPJ) has unanimously approved this Thursday the report on the Draft Law to Reform the Penal Code, in Matters of Animal Abuse, where the member Roser Bach warned that with the planned changes it could be punish more that a man mistreats a dog to harm his partner than a slight attack on the latter, as reported by the CGPJ.
Bach warned in his proposed report, released last Monday, that the penal reform on animal abuse "may affect the principle of proportionality of sanctions." Sources from the institution then specified 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 jail and between 6 months and 1 year in jail if the woman is attacked. (in both cases without serious injury).
In this regard, the member indicated that "another 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 a spouse occurs. of the author".
"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 in the field of violence against women", he completed.
At another point, he pointed 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 penalty of fine of 1 to 3 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, not as a minor crime, as This is the case of injuries without medical or surgical treatment in people.
At the same time that Bach focused on the disproportionate penalties in the new law and on the "conflict that will be generated in relation to crimes related to the protection of flora and fauna, which are not affected by the future reform", made a positive assessment of other aspects.
In this sense, it mentioned as positive "the inclusion, for the first time in the legal system, of the responsibility of legal persons in the commission of crimes of animal abuse, as well as the express regulation of the precautionary measures that may be adopted in the course of the procedure to protect the animals".
In addition, he recalled that, according to the explanatory statement of the preliminary draft submitted by the Government, the objective pursued is to put an end to what he describes as "a sensation of generalized impunity for animal abuse, with ineffective penalties for said actions and devoid of dissuasive effects".
"The pre-legislator points out, in this sense, that the sentences to be imposed currently are usually less than two years, which is why those convicted do not enter prison as they can be suspended or replaced," he added.