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The Supreme Court has confirmed the sentence of 15 months imprisonment and three and a half years of disqualification for a farmer from Fuente Obejuna (Córdoba), for letting 170 geese starve to death in his organic livestock farm. This ruling represents a milestone in the application of Article 340 bis of the Penal Code, introduced by Organic Law 3/2023, which strengthens the criminal protection of animals as sentient beings.
The Facts: An Omission with Fatal Consequences
In June 2018, the defendant, sole manager of a company engaged in extensive fattening of geese for the production of pâté, meat and feathers, let the birds die due to lack of feed and basic care. Despite warnings from the feed manager about the shortage of feed and the malnourished state of the birds, the farmer took no action to remedy the situation. When the veterinary services of the Junta de Andalucía and SEPRONA inspected the farm, they found the geese dead, many piled up, in an advanced state of malnutrition and without access to adequate drinking water.
Legal Basis: Continuous Animal Mistreatment Crime
The Criminal Chamber of the Supreme Court, in a sentence drafted by Judge Manuel Marchena, considers that the facts constitute a continuous crime of animal abuse, in accordance with Article 74 of the Penal Code. The sentence emphasizes that “the death of 170 geese as a consequence of chained omissions that deprived the animals of the indispensable care to avoid thirst, hunger and veterinary attention, until the moment of their collective death, has to be treated according to the rules of the continuous crime”.
Consideration of Animals as Sentient Beings
One of the most relevant aspects of the sentence is the affirmation that “the suffering of an animal, the death of a living being, demands a criminal treatment that acquires meaning from its consideration as a sentient being and, therefore, protected in … This statement reflects a change in the legal perception of animals, recognizing them as beings with the capacity to feel and deserving of legal protection.
Implications for Jurisprudence and Society
This judgment sets an important precedent in Spanish jurisprudence by effectively applying the provisions of Article 340 bis of the Penal Code. It also reinforces the idea that animal abuse, even by omission, is a serious crime that can carry prison sentences and accessory penalties, such as disqualification from exercising professions related to animals.
From Soler Martín Abogados, we value positively this legislative and jurisprudential evolution, which reflects a greater sensitivity towards animal welfare and a firmness in the prosecution of behaviors that violate the dignity of animals. Our firm is committed to the defense of animal rights and offers specialized legal advice in cases of animal abuse and other areas of criminal law.
For further information or inquiries, please do not hesitate to contact us.
