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We find ourselves at a time when animals are increasingly acquiring greater status within society, and in which it is also becoming possible to recognise the rights of animals. These circumstances are becoming recognised in the Criminal Code, with the classification of crimes aimed at protecting animals. The present work will attempt to provide detailed evaluation of articles 337 and 337-bis of the current Criminal Code, relating to the abuse and abandonment of animals respectively, as well as providing a general view of the evolution of these crimes since the passing of the current Criminal Code up until now, dealing with its successive reforms. It remains difficult to determine the ultimate goal of the legislator was when it was decided to classify these crimes, which has become an obstacle when evaluating whether the Criminal law is the most suitable method, even though it is certain that the intention seems to be the protection of animals. Since the passing of the Criminal Code in 1995, the ambit of the criminalisation has increased. This is partly in response to greater social demand of animal protection. In this way animals enjoy a criminal protection that can be considered broad, demonstrating clear, and essentially terminological, reconciliation with protection for people. It can be contemplated whether the criminal classification of these crimes is pertinent and suitable regarding scope and content.

Mistreatment and Abandonment of Animals in the Criminal Code of Spain