The impact of the new crime of animal abuse on companies’ criminal compliance programs

On March 29, 2023, Organic Law 3/2023 was published in the Official State Gazette (BOE), introducing significant modifications to the Criminal Code regarding animal abuse. This reform represents a major change not only for individuals but also for companies, as it expressly incorporates the criminal liability of legal entities for the crime of animal abuse.

The aim of this new regulation is to strengthen the criminal protection of animals and ensure a more effective response to acts of violence or neglect. Consequently, companies must adapt their criminal compliance programs to prevent these types of risks.

The criminal liability of the company in the crime of animal abuse

With the reform of the Penal Code, companies can be held criminally liable when the crime of animal abuse is committed in their name or for their direct or indirect benefit.

According to Article 31 bis of the Penal Code, this responsibility may arise from:

• Actions of administrators or managers
• Decisions of oversight bodies
• Employee conduct due to lack of supervision, monitoring, or control

This implies that the company’s criminal liability arises not only from direct action, but also from omission of control duties.

Sectors particularly affected by the new regulations

The reform has a direct impact on business activities related to animals, including:

• Veterinary clinics
• Livestock farms and ranches
• Animal transport companies
• Slaughterhouses
• Breeding or care centers

These companies will need to review their criminal compliance to include specific protocols for preventing animal abuse.

Behaviors that may constitute the crime of animal abuse

The crime of animal abuse can be committed through both action and omission. Some relevant behaviors include:

• Failure to provide sufficient food or water
• Failure to provide necessary veterinary care
• Keeping animals in inadequate conditions
• Transport in conditions that harm your health

These actions can generate criminal liability for both the individual and the company.

Penalties for the crime of animal abuse (article 340 bis CP)

The new Article 340 bis of the Penal Code establishes penalties for those who cause injuries to an animal that require veterinary treatment.

The sanctions include:

• Imprisonment of 3 to 18 months or a fine of 6 to 12 months
• Disqualification from 1 to 3 years for activities related to animals

Aggravating factors are also considered, such as:

• To act with the intention of making a profit
• Using dangerous means
• Being the owner or person responsible for the animal
• Consequences if the animal dies

In the most serious cases, when the mistreatment results in the death of the animal, the penalties are increased:

• Imprisonment of 6 to 18 months or a fine of 18 to 24 months
• Disqualification from 2 to 4 years

Criminal liability of legal entities (Article 340 quater CP)

Article 340 quater of the Penal Code regulates the penalties applicable to companies, which may include:

• Economic fines
• Suspension of activity
• Closure of premises for up to 5 years
• Disqualification from receiving grants
• Dissolution of the legal entity (in serious cases)

This reinforces the need to implement an effective crime prevention model.

The importance of criminal compliance in preventing animal abuse.

The Penal Code itself provides for the exemption of the company from criminal liability if it has correctly implemented an effective criminal compliance program.

To achieve this, companies must:

• Identify risks related to animal abuse
• Establish action protocols
• Train employees
• Implement control and monitoring systems

A proper compliance system not only reduces legal risks, but also protects corporate reputation.

The reform of the Penal Code regarding animal abuse and the criminal liability of legal entities requires companies to adapt their internal control systems.

At Nieto Enríquez Criminal Lawyers, a criminal law firm in Barcelona , ​​we advise companies on the implementation and review of crime prevention programs. If you need to adapt your compliance model or assess criminal risks in your business, please do not hesitate to contact us.