IS ABANDONING OR BEATING AN ANIMAL A CRIME?

Animal abuse is defined as any action or omission that causes harm, suffering, pain, or danger to an animal, whether physical or psychological. This can include direct actions through beatings, burns, or abandonment, as well as a lack of adequate care for the animal, whether due to negligence in feeding it, lack of veterinary care, or exposure to dangerous or unhealthy conditions. In our country, on July 1, 2015, the Law for the Defense of Animals Against Acts of Cruelty and Abuse (Law No. 700) came into force. Its main objective is to establish a regulatory framework for the defense of animals against acts of violence, cruelty, and abuse committed by individuals or legal entities. Its purpose is to prevent and penalize acts of violence, abuse, cruelty, and biocide committed by people against domestic animals. This law requires both state institutions and individuals to share responsibility for the conscious ownership of animals in Bolivia. The State, for example, has the following obligations:

• Participate in the formulation of norms and policies aimed at preventing and punishing acts that cause animal suffering.

• Promote awareness-raising, educational, and preventive actions to develop a culture of respect for and protection of animals.

• Suggest and promote inter-institutional control and oversight measures and mechanisms to punish and eliminate behaviors that cause abuse and cruelty to animals.

• Assist in strengthening the capacities of operational entities in animal protection actions. For their part, animal owners or guardians have the following obligations:

• Assume responsibility for the custody and ownership of an animal and for any harm the animal may cause to third parties.

• Monitor its reproductive cycle and provide it with appropriate, timely, and professional veterinary care.

• Ensure its proper feeding and shelter.

• Avoid breeding more animals than can be properly maintained, without causing discomfort to third parties or endangering public health.

• Do not abandon them.
  

It is now necessary to establish that this Law not only establishes shared obligations and responsibilities between the State and individuals, but is also intended to penalize abuse inflicted by individuals or legal entities. This allows us to report any animal abuse, since there are sanctions established in the Penal Code in Articles 350 Bis. "Cruel Treatment" and 350 Ter "Biocide", which are developed as follows:

Article 350 Bis. (CRUEL TREATMENT).

I. The following shall be punished with imprisonment of six (6) months to one (1) year, and a fine of thirty (30) to sixty (60) days or work of three (3) to six (6) months:

1. Causes, with cruelty or for futile motives, serious suffering and damage that causes the total or partial loss of a sense, part of its physiognomy, or an organ to an animal.

2. I will use an animal for any sexual practice.

II. If an animal causes the consequences established in paragraph 1 of the previous paragraph, the owner or keeper shall cover the costs of medical care and financial compensation, where appropriate, or apply the penalty provided for cruel treatment.

III. The penalty shall be increased by one-third of the maximum penalty if the cruel treatment results in the death of the animal.

Article 350 ter. (BIOCIDE).

I. Anyone who cruelly or for frivolous reasons kills an animal shall be punished with imprisonment of two (2) to five (5) years and a fine of thirty (30) to one hundred eighty (180) days.

II. The penalty shall be increased by one-third of the maximum penalty if more than one animal is killed.

The penalties for animal abuse established in the aforementioned articles show us that all types of animal abuse can be reported, as sanctions and prison sentences exist. However, these may not be sufficient to prevent it, as animal abuse persists daily on the streets of our country and continues to increase due to a lack of awareness and education regarding these sentient beings who are unable to express their pain. This is the first national law that allows the State to become a passive subject, allowing its various institutions to criminally prosecute any individual who disrespects this living beings throughout the country, regardless of whether they are domestic or wild animals.

Silvana Orieta Diaz Gutiérrez

Criminal Lawyer