Our Penal Code classifies animal abuse as a crime in its article 337 and contemplates in its article 408 a crime, not prosecuting a crime. Therefore, all police officers have the obligation to initiate an investigation when they become aware of the death of an animal , whatever its species, and when there are signs of violence . Their work will consist of finding the evidence and physical evidence necessary to determine the causes and perpetrators of punishable acts. The investigative methods available to the Judicial Police must be applied.
Typology of abuse
There are several types of abuse:
- physical abuse
- psychological abuse
- Maltreatment by omission (Neglect in care)
- Organized Abuse (Dog/Rooster Fighting)
- ritual abuse
- Sexual Violence (Zoophilia)
Procedure if the animal is dead
They will check if the animal is identified with a microchip, ear tag or any other identification that could lead to the location of the owner. They will carry out an ocular inspection of the area, photographic report and collection of forensic evidence : poison in food or blood remains (DNA) . You must work with the same rigor as at any crime scene. Everything collected must be perfectly collected and guarded, it is what is called, chain of custody: adequate extraction of the evidence, preservation, individualization, appropriate transportation, controlled delivery, all carried out by agents of the authority. If that chain is broken, if a suspect is located, in a trial the evidence would be annulled.
The corpse of the animal is the main evidence , it will be transferred for necropsy . In these cases, there are rarely witnesses who can report what happened, the examination of the corpse of an animal will provide very important information for the investigation.
Procedure if the animal is alive
If the animal that has been mistreated is alive, a veterinary examination and photographic report is important. Although there are no bleeding wounds or bruises, there may be internal injuries that prove the blows received. In that case, the agents must transfer the animal to a veterinary center where a thorough examination will be carried out:
- Visual recognition – dehydration, bruises from blows.
- Weigh – Malnutrition / loss of muscle mass.
- X-rays – possible fractures.
- Ultrasound – Internal injuries to the liver, spleen, kidney, or bladder.
- Behavior test – Extreme fear, submissive, hides or shows aggressiveness.
- Vaginal and anal exploration – Sexual violence.
What is veterinary forensics?
Science that acts with methods and techniques of investigation in facts related to animal crimes. In Spain, despite the high rate of cases of mistreated animals, there is not much awareness of this issue, although it can be said that in recent years interest and training for professionals has grown.
The veterinary expert reports are of vital importance , they are the scientific support in Judicial Proceedings and administrative complaints. They determine the existence and degree of abuse. Thanks to them , judicial cases have been resolved , with the guilty being sentenced thanks to the veterinary reports provided and the appearance of experts .
Examples of solved cases
- A mastiff was found dying in a landfill located by the Seprona of Huesca. Thanks to the DNA tests carried out by the Criminology Laboratory of the Civil Guard, comparing the genetic code , the biological remains of a rope and a hoe , were the determining evidence that led the suspect to be sentenced by the Criminal Court of Huesca.
- Pitbull beaten daily by his owner in the garden of his house, the recording of a neighbor was enough for the police to act. Upon seizure of the animal, to the naked eye, it showed no injuries and was well fed. There was no doubt that he was receiving blows, so the dog was taken to a veterinary clinic where a complete clinical examination was carried out. What determined the severity of the abuse were some X-rays that detected:
- Old fracture in the left carpus, as a result of chronic arthritis.
- Numerous skull injuries, some of them old. These injuries had been caused by direct blows to the affected area.
The veterinary expert report not only demonstrated the mistreatment the dog received, but also that it was regularly beaten, since it was specified that some of the injuries were old .
Report any case of animal abuse
In 2016, the FBI began to register animal abuse as a crime against society. Reporting a case of animal abuse is important for its rescue, but it is also important because behind this fact there may be behaviors of gender and domestic violence.
References:
Organic Law 10/1995, of November 23, of the Penal Code.
http://www.colvema.org/WV_descargas/3667VeterinariaForense.pdf
https://zaguan.unizar.es/record/61918/files/texto_completo.pdf
