A court says it is not animal abuse to hit and trim the ears of a puppy dog ​​| My Rights | Economy

A litter of two month old Golden retriever puppies.  NANCY LANE (MEDIANEWS GROUP VIA GETTY IMAGES)
A litter of two month old Golden retriever puppies. NANCY LANE (MEDIANEWS GROUP VIA GETTY IMAGES)

The act of hitting “hard” and cropping the ears of a puppy, for aesthetic purposes, does not constitute a crime of animal abuse. This has been considered by the Provincial Court of Valencia in a sentence that can be consulted at this link. The court reasons that a false veterinarian did not act with the purpose of causing “serious illness to the animal”, that he died after the intervention and that he beat him to “show him authority.”

In the prosecuted case, the defendant was dedicated to raising dogs at his home, where he informally carried out activities typical of the veterinary field. However, he lacked the necessary training and qualifications to do so. Informed by a friend of the services she provided, the owner of an American Bully puppy took the animal there for surgery on its ears. According to the sentence, in the judicial process it was not proven that the owner knew “the illegality of such an operation”, carried out for aesthetic purposes.

After administration of the appropriate anesthesia, the accused cut off the dog’s ears, which required stitches. Days later, the owner of the puppy returned with him to the subject’s home to have them removed. But as he moved, “and in order to show him authority,” the false veterinarian “grabbed him by the neck and back and, lifting him about eight inches, hit him hard twice on the stainless steel table, leaving the dog stunned and panting ”.

After these impacts, the puppy suffered a pulmonary perforation, which caused “edema with massive pulmonary hemorrhage.” It was then that the puppy’s owner took him to a veterinary clinic, where he sadly passed away.

After that, the owners of the animal demanded compensation from the accused for the damages suffered. Although they had been given it as a gift, in the process it was established that “the value of an American Bully ranges between 300 and 500 euros, depending on its condition and specific characteristics.” The cost of veterinary care amounted to 170 euros.

Serious condition

Although in the first instance the subject was convicted as the author of a continuous crime of animal abuse and as the author of a crime of professional intrusion, the Provincial Court of Valencia has reversed the ruling and acquitted him of the first offense.

The court says that it was not proven that the false veterinarian caused “a serious condition to the animal, as it does not result from any of the expert tests carried out.” And this is the requirement that “is required for the commission of the crime” in light of the Penal Code.

“Specifically, there is no evidence that the ear cutting operation altered the functionality of the auditory organ, or impaired the welfare of the animal. Ultimately, the experts have not provided evidence or data that allow qualifying this operation as having serious consequences, “says the judgment.

Although the veterinarian who treated the animal indicated that the cause of death was the “acute pulmonary edema” produced after the blows, a necropsy was not performed to determine “with certainty the cause of death.”

Thus, the court reasons that “this crime can only be committed maliciously, that is, with the intention of mistreating and causing death.” And he concludes that “the accused struck the dog in order to show him authority, that is, to train him, not to kill him.”

“The right to the presumption of innocence requires understanding that the accused acted trusting that he would not kill the animal, even in the event that the mere possibility that the blows had generated complications for health, even for the life of the animal. This places their behavior in the field of recklessness, in this case not penalized, without prejudice to the corresponding civil liability “, argues the Provincial Court of Valencia when revoking the first instance ruling and absolving the false veterinarian of the crime of animal abuse .

Animal protection law

What has informed THE COUNTRYCurrently, the Government is working on a draft bill for the protection and rights of animals that wants to put an end to the disparities caused by the existence of 17 different autonomous laws. The rule is aimed at pets and excludes food production species or other specimens of animal origin, livestock and bullfighting. Among the most outlined measures is the prohibition of sacrificing animals except for a justified cause, the veto of the use of wild fauna in circuses, the creation of a registry of people disqualified for their possession or the end of the sale. of pets in store.

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