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What it is

New crimes and tougher penalties for animal abuse

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 2 August 2022. Introduced by: Gobierno.

Official title: Government Organic bill amending Organic Law 10/1995, of November 23, the Penal Code, in matters of animal mistreatment.

Source: Congreso de los Diputados, file 121/000118· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law creates a new title in the Criminal Code, "De los delitos contra los animales" (crimes against animals), and repeals Articles 337 and 337 bis, which until now regulated abuse and abandonment.
  2. Anyone who injures a domestic animal or one under human control, including through sexual acts, faces three to eighteen months in prison or a fine, plus a ban on animal-related jobs. If the animal dies, the prison term rises to twelve to twenty-four months.
  3. Many aggravating factors are added: using weapons or poison, cruelty, acting as the owner, doing it in front of a minor, for profit, or to coerce a partner. In these cases, penalties are imposed in the upper half of the range.
  4. Abandoning a vertebrate animal under your responsibility in conditions that endanger its life or integrity is punished with a fine or community service, plus a ban on owning animals.
  5. Judges may adopt precautionary measures to protect the animal, including a temporary change of ownership and care. Companies can also be punished if they are responsible for these crimes.
  6. Crimes committed before the law are judged under the rules in force when they occurred, unless the new law is more favorable to the defendant. The law takes effect twenty days after publication in the official gazette.

Who it affects

  • Animal owners and caregivers: They can face prison, fines, or bans if they abuse or abandon an animal.
  • Victims of gender-based violence: Animal abuse used to coerce or intimidate a partner is now an aggravating factor.
  • Companies and organizations: They can be held criminally liable and fined for these crimes.
  • Animal-related professionals: They can be banned from their trade or business if they commit these crimes.

Words worth knowing

Agravante (aggravating factor)
A circumstance that makes a crime more serious and increases the penalty.
Medida cautelar (precautionary measure)
A temporary court decision to protect something while the case is being resolved.
Inhabilitación especial (special disqualification)
A court-imposed ban on practicing a profession or owning animals for a period of time.
Trabajos en beneficio de la comunidad (community service)
A penalty consisting of unpaid work for public services for a number of days.
Reo (defendant)
A person accused or convicted of a crime.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced2 August 2022Someone registers the text in the Congreso.
  2. Admitted8 September 2022The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments12 September 2022Groups propose changes.
  4. Committee22 September 2022A committee goes through the text in detail.
  5. Plenary22 December 2022All 350 deputies vote.
  6. Senate9 February 2023The Senate can pass it, amend it or veto it.
  7. BOE16 March 2023It is published in the Official State Gazette (BOE) and comes into force.
See the 12 official steps on a timeline
Aug 2022Sept 2022Oct 2022Nov 2022Dec 2022Jan 2023Feb 202311. 2 August 2022: Presentación22. 8 September 2022: Comisión Derechos Sociales y Políticas Integrales de la Discapacidad Publicación desde 08/09/2022 hasta 12/09/202233. 8 September 2022: Calificación44. 12 September 2022: Comisión Derechos Sociales y Políticas Integrales de la Discapacidad Enmiendas desde 12/09/2022 hasta 27/10/202255. 22 September 2022: Comisión Derechos Sociales y Políticas Integrales de la Discapacidad Mesa - Calificación desde 22/09/2022 hasta 22/09/202266. 22 September 2022: Comisión Derechos Sociales y Políticas Integrales de la Discapacidad Debate de totalidad desde 22/09/2022 hasta 06/10/202277. 27 October 2022: Comisión Derechos Sociales y Políticas Integrales de la Discapacidad Informe desde 27/10/2022 hasta 13/12/202288. 13 December 2022: Comisión Derechos Sociales y Políticas Integrales de la Discapacidad Dictamen desde 13/12/2022 hasta 22/12/202299. 22 December 2022: Pleno Aprobación desde 22/12/2022 hasta 09/02/20231010. 9 February 2023: Senado desde 09/02/2023 hasta 08/03/20231111. 8 March 2023: Pleno Enmiendas o veto del Senado desde 08/03/2023 hasta 16/03/20231212. 16 March 2023: Concluido - (Aprobado con modificaciones) desde 16/03/2023 hasta 27/04/2023

16 March 2023

How did the plenary vote?

More votes against 161 yes · 176 no · 5 abst.

Voted on: Overall vote on the Organic Government bill amending Organic Law 10/1995, of 23 November, the Penal Code, on animal abuse, given its organic nature.

This law had 21 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 41 of sitting 245· updated 10 Nov

Each dot is a seat. Tap one, or use the arrow keys, to see who it is.

Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Euskal Herria Bildu, Socialista and Gcup-ec-gc. Against, most of Republicano, Vasco (EAJ-PNV), Mixto, Ciudadanos, GPlu, Popular en el Congreso and VOX. 10 deputies voted differently from their group.

By province: in 16 most voted in favour; in 19, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 16
  • Against: 19
  • Tie: 17
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 in favour
Republicano13
13 against
Socialista120
119 in favour · 1 did not vote
Vasco (EAJ-PNV)6
6 against
Mixto11
2 in favour · 6 against · 1 abst. · 2 did not vote
Ciudadanos9
8 against · 1 did not vote
Gcup-ec-gc33
32 in favour · 1 did not vote
GPlu12
2 in favour · 5 against · 4 abst. · 1 did not vote
Popular en el Congreso88
1 in favour · 86 against · 1 did not vote
VOX52
52 against

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Ley Orgánica 3/2023, of March 28, amending Ley Orgánica 10/1995, of November 23, the Penal Code, regarding animal mistreatment.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.