It is tragic and recurring news: dogs that die from ingesting poisoned food in parks, streets, in nature or even in the garden or home of their owners. Sometimes, human wickedness knows no limits and there are certain people who hate animals and want to get rid of them with such a despicable practice.
The usual thing is that they leave food such as ham, sausages or other poisoned foods in areas where dogs usually travel: a pipicán, a park, a specific area of the field, in the vicinity of their house... Others even throw the poisoned food over the fence of a private garden, with the aim of poisoning the pet that is there. The truth is that this act should not go unpunished, since it is classified as a crime in the Penal Code.
Article 336 of the Penal Code establishes that "whoever, without being legally authorized, uses poison, explosive means or other instruments or arts of similar destructive or non-selective efficacy for fauna for hunting or fishing, will be punished with imprisonment." from four months to two years or a fine from eight to twenty-four months and, in any case, that of special disqualification for profession or trade and special disqualification for the exercise of the right to hunt or fish for a period of one to three years, with the deprivation of the right to possess and carry weapons for the same period. If the damage caused was of notorious importance, the aforementioned prison sentence will be imposed in its upper half.
It should be noted that this is a crime of mere activity and not of result. This means that the mere fact of leaving poisoned food is already an illegal act punishable, even if there is no poisoning of any affected animal. Therefore, if you see someone leaving poisoned food somewhere, you can – and morally should – report it to the authorities, whether or not there are victims of this action.
But if there were also some animal intoxicated by this poisoned food, the person who caused it commits a second crime. In this case, a crime of animal abuse. In this regard, the new Law on Animal Welfare toughens prison sentences and sanctions for causing harm or death to a domestic animal: from 18 to 36 months in prison, as well as fines between 500 and 200,000 euros depending on the seriousness of the offense. offense and the scope of damages in can.
This is not everything. Because if a human were intoxicated by that poisoned food –for example, a child playing in the park–, a crime of homicide or injury is added to the list. In this context, the sanction would be significantly aggravated.
