The news spread in the media and social networks that in Spain they allegedly ceased to consider sex with an animal by a crime, if during intercourse it did not receive a serious injury. We checked whether this is so.
The topic of legalization of zoophilia in Spain gained popularity in mid -February 2023. One of the first to announce this innovation was the former deputy of the State Duma of the Russian Federation Elena Paninawho wrote in her Telegram channel: “Zoofilia, which has so far been considered a criminal offense in the kingdom, will cease to be such,“ if it does not harm the animal. ” Soon, many popular Telegram channels, for example, shared the news.Ax 18+"(2.4 million views at the time of writing of the analysis),"Truha Ukraine"(1.3 million)," "Truha tin 18+"(463,000) and"Especially for RT"(144 000). The reform of Spanish legislation was reported by media such as "Moscow Komsomolets","Moscow 24","Parliamentary newspaper","Gazeta.ru"And the television channel NTVas well as users "VKontakte" Facebook, Tiktok And Twitter. One of the users of VKontakte wrotethat in this way in Spain they allegedly want to fight for the rights of zoophiles, and the lawyer and zoo defender Anastasia Komagin I suggestedthat this bill could be beneficial to certain layers, "close to the government elite" of Spain.
In many publications The media about the new Spanish law, the words “decriminalization” and “legalization” are used as synonyms. Nevertheless, in legal and legislative activity, these two similar terms have a key difference. Decriminalization - This is a transfer of criminally punishable acts into the category of administrative or disciplinary, but still illegal. For example, in 2017, domestic violence was decriminalized in Russia: citizens who first have been beaten by their loved ones since then Threats Not a prison term, but a fine of 5,000 to 30,000 rubles, administrative arrest or compulsory work. Legalization - This is the process of turning illegal into legal; Refusal of criminal and administrative prosecution. So, in the Russian Federation recently legalized The so -called parallel import. Until March 2022, the “gray” imports (that is, the import of goods into the country without the permission of the owner of the trademark) was considered smuggling and was prohibited by law, but subsequently ceased to be punishable from the state. Head of the Ministry of Industry and Trade Denis Manturov last fall Reported The prosperity of “gray” imports and expressed the hope that the volumes until recently illegal activities in Russia will double by the end of the year.
Talks about the legalization or decriminalization of Zoofilia in Spain began with the fact that on February 9, 2023, the congress of deputies (lower house of the local parliament) approved The bill, aimed at protecting the well -being of both pets and wild animals temporarily or constantly living under human control (for example, circus animals). Then the bill was Transferred to the Senate for further discussion and potential approval. Among other provisions, the bill meant a change Articles 337 Criminal Code of Spain regarding criminal punishment for cruelty to animals. In the actual versions Articles of the punishment are provided for "sexual operation" of animals. The new bill proposed replacing this wording with “sexual actions that have inflicted an animal that requires treatment.” Full text of Article 337 Offered formulate as follows: “Punishment in the form of imprisonment for a term of three to 18 months or a fine in the amount of wages or other income of the convicted person from six to 12 months, as well as the punishment in the form of removal for a period of one to five years from a profession, craft or business related to animals, and from ownership of animals, it is provided for the acts of the activities of the types of activities committed by the legislation of the activities performed In any way, including in the form of acts of a sexual nature, causing veterinary treatment to veterinary treatment to restore his health. ”
Many interpreted the proposed formulation as the abolition of criminal punishment for the zoophilia, if the animal is not caused by serious harm. Nevertheless, as on February 14 explained The authors of the bill from the Ministry of Social Laws, the obsolete term “sexual exploitation” refers to activity of an economic or commercial nature and sexual intercourse with animals committed in other contexts, remain unpunished. “Now, instead of sexual exploitation, all sexual intercourse with animals will be criminalized. In case of bodily harm, they will be considered more serious criminal offenses; In other cases, they are classified as cruelty (Article 147 Criminal Code, which suggests Punishment in the form of a fine. - approx. Ed.), - explained in the ministry.
Spanish edition Newtral Also interviewed a number of experts in the field of animal protection. They concluded that if we compare the current text of the 337th article of the Criminal Code of Spain with the text after making the proposed amendment, it becomes clear that all the actions that were prohibited earlier will remain illegal. The bill under consideration in parliament only proposes to add a number of new provisions that will make the legislation on the protection of animals to the relevant modern ideas about what the cruelty is.
Another reason why it is impossible to decriminalize zoophilia in Spain: in the current version of the local Criminal Code, it is not directly criminalized. Such a term is not mentioned there at all, but instead it is said in general about all types of abuse of animals.
A similar state of case is observed in Russian criminal law. The Criminal Code has only The wording “The cruel treatment of the animal in order to cause him pain and (or) suffering, as well as from hooligan motives or from selfish motives that resulted in his death or injury” (Article 245). That is, in order for the zoophile to “fall under the article”, it is necessary that he mocked the animal in any way for the sake of causing pain and suffering to him and that the animal as a result of this receives a injury or die. Otherwise, the acts of zoophilia do not entail any criminal liability. In 2021 activists Offered To allocate zoophilia in a separate corpus delicti in the Criminal Code of the Russian Federation, but the initiative did not gain the necessary 100,000 online heads for consideration at the federal level.
In many countries of the world (for example, in most EU countries And most US states) Zoophilia is illegal, and punishments are registered in the criminal or administrative codes. That is, even if the animal is not injured, the zoophile is still He will carry it Punishment of a fine or imprisonment.
As for the Spanish bill, although it is aimed at tightening punishments and expanding the definition of abuse of animals, its vague formulations are still called There are many disputes in Spanish society and the Senate. At the time of publication of this parsing, the Senate still continued to consider the bill and amended the text. Some of these amendments concerning the controversial text of Article 337, which caused so many misunderstandings.
Thus, at the time of the publication of the news on the legalization of zoophilia in Spain, the bill proving the appearance of such messages was only at the stage of consideration and was far from entering into force. But even in the proposed new wording, which was referred by the indignant media and users of social networks, the law does not imply the abolition of punishment for the zoophilia. Acts of zoophilia - both in the current legislation and in the proposed bill - fall under the definition of cruelty to animals, which, depending on the severity of the damage caused by the animal, will result in either criminal or administrative punishment.
Photo on the cover: Freepik
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