For years, animal abuse has been presented as a conflict of opinions, traditions, or personal sensitivities. However, this narrative is no longer sustainable. Animal abuse is not a debate: it is a crime. This is enshrined in current legislation and should be understood as such by both society and institutions.
The problem is not a lack of regulations, but the persistent gap between what the law states and what actually happens.
Animal Abuse in the Penal Code
The Spanish Penal Code has classified animal abuse as a crime for years, with several reforms that have expanded its scope. Currently, any conduct that causes death, serious injury, or unjustified suffering to a vertebrate animal is criminally punishable, especially when committed with cruelty, torture, or without necessity.
Penalties include:
- Imprisonment
- Fines
- Disqualification from owning animals or practicing professions related to them
It is important to emphasize that death is not required for a crime to exist. Provable, serious suffering is sufficient.
Animals as Sentient Beings: A Key Legal Change
One of the most significant advances in recent years has been the reform of the Civil Code through Law 17/2021, which recognizes animals as sentient beings and not merely as property.
This change, which had already been anticipated in Catalonia with the Catalan Civil Code, has clear legal implications: animals cease to be things and become subjects of special protection. This should translate into a stricter interpretation of the crime of abuse, but in practice, this is not always the case.
Animal Welfare Law: Limitations and Contradictions
Law 7/2023, on the protection of animal rights and welfare, was created with the aim of unifying criteria and strengthening protection. However, it presents serious contradictions that weaken its real impact.
The most significant is the exclusion of hunting dogs from the general scope of protection, following an amendment agreed upon during parliamentary processing. This decision creates an unsustainable legal situation: an animal has more or fewer rights depending on its use by humans.
This exception is not only ethically unjustifiable but also hinders the criminal prosecution of abuse in these cases.
When the Law Exists but is Not Applied
One of the major problems regarding animal abuse is the low conviction rate in relation to the number of reported cases. Premature dismissals, lack of evidence due to investigative deficiencies, and a social perception that is still tolerant of certain behaviors explain this reality.
Without specific training for legal professionals, without adequate police resources, and without clear political will, the law remains devoid of content.
The Role of Language and Social Perception
Even today, there is a tendency to minimize animal abuse using expressions such as “incident,” “tradition,” or “isolated case.” This narrative contributes to the trivialization of violence.
Speaking of companion animals, community cats, and abuse as a crime is not a semantic issue: it is a tool for legal and social transformation.
Ten Years Later: The Reality Remains Alarming
Despite regulatory advances, the reality is harsh. Animal shelters are saturated, many exceeding 85% of their capacity. Abandonments continue, especially of so-called potentially dangerous dogs, and community cat colonies are growing without sufficient institutional support.
Without an effective moratorium on the breeding, purchase, and sale of animals, the system is doomed to repeat itself.
To Be Clear: Tolerating Abuse is Allowing It
Animal abuse is not a secondary or anecdotal problem. It is a clear indicator of a society’s level of legal and ethical maturity. Tolerating it, relativizing it, or looking the other way is to accept it as part of the system.
The law already states it clearly. Now it needs to be applied with the same forcefulness.
Legislation and Regulations
State and European Regulations
- Spanish Penal Code — Animal Abuse
https://www.boe.es/buscar/act.php?id=BOE-A-1995-25444#art_337
(Article 337 et seq.: crimes of animal abuse) - Law 17/2021 — Civil Code Reform (sentient beings)
https://www.boe.es/buscar/act.php?id=BOE-A-2021-17381
(Recognizing animals as sentient beings in civil law) - Law 7/2023, on the protection of animal rights and welfare (Spain)
https://www.boe.es/eli/es/l/2023/04/20/7
(General regulation of animal welfare and state-level legislation)
Legislation in Catalonia
- Civil Code of Catalonia — animals and sentience
(Consolidated text available on the DOGC / Generalitat website)
https://dogc.gencat.cat - Catalan Law 7/2023 — management of feline colonies and community animals
(Consult based on regulations published in the DOGC)
https://dogc.gencat.cat
