Critical Approach to the Crime of Animal Abuse in the Peruvian Criminal Code: Is it Possible to Protect Animal Welfare through Criminal Law?

Bedoya Perales P.V. · Revista Juridica Austral (2024) · DOI: 10.26422/rja.2024.0502.bed

Resumen

This article analyzes the crime of “acts of cruelty against domestic and wild animals” included in the Peruvian Criminal Code (hereinafter the crime of “animal abuse”). We will assess this crime critically approaching its legal nature, to evidence that the criminalization of animal abuse lacks some attributes that in our opinion are essential to legitimate its presence in the Criminal Code. In short, elements such as necessity of criminal intervention are not identified; this criterion requires that the prohibition and punishment of an action occurs when it seriously compromises the development of people in society. Thus, it would seem that abusing an animal—in itself—does not impair any legal interest that is decisive for the social development of the person. Consequently, the welfare of animals would not be an object deserving the protection of criminal law. On the contrary, its criminalization generates some doctrinal questionings regarding the legitimacy of punishment, since it is inconsistent with the principles of subsidiarity and proportionality that are effective in criminal law. Likewise, another problematic aspect of this figure concerns the hazy understanding of the legal interest to be protected. In addition, from a criminal policy analysis of the case law arising after the enactment of this crime it can be stated that this crime might constitute a symbolic criminal figure that does not fit the political-criminal purposes assigned to it.

Instituciones: Universidad Católica San Pablo