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1774 OF 2016
(January 6)
Official Journal No. 49.747 of 6 January 2016
CONGRESS OF THE REPUBLIC
By means of which the Civil Code, Law 84 of 1989, the Penal Code, the Code of Criminal Procedure and other provisions are amended.
COLOMBIA CONGRESS
DECRETA:
ARTICLE 1o. OBJECT. Animals as sentient beings are not things, they will be given special protection against suffering and pain, in particular, caused directly or indirectly by humans, which is why in this law they are typified as punishable. some conduct related to the abuse of animals, and a criminal and police-related sanctioning procedure is established.
ARTICLE 2o. Amend article 655 of the Civil Code, as follows:
Article 655. Furniture. Furniture are the ones that can be transported from one place to another, whether they are moving themselves like the animals (that is why they are called semovents), whether they only move by an external force, like the inanimate things.
Except those that are furniture by nature are reputed to be real estate by their destination, according to article 658.
PARAGRAFO. Recognize the quality of sentient beings to animals.
a) Protection of the animal. The treatment of animals is based on respect, solidarity, compassion, ethics, justice, care, the prevention of suffering, the eradication of captivity and abandonment, as well as any form of abuse, abuse, violence, and cruel treatment;
b) Animal welfare. In the care of animals, the person responsible or holder shall ensure at least:
1. Do not suffer hunger or thirst;
2. Do not suffer unjustifiably physical discomfort or pain;
3. That they are not caused by negligence or carelessness;
4. That they are not subjected to conditions of fear or stress;
5. That they can manifest their natural behavior;
c) Social solidarity. The State, the company and its members have the obligation to assist and protect animals with diligent actions in the face of situations that endanger their lives, their health or their physical integrity.
They also have the responsibility to take an active part in the prevention and elimination of abuse, cruelty and violence against animals; it is also their duty to refrain from any unjustified act of violence or abuse against them and report those who are in violation of the above mentioned conduct.
ARTICLE 4o. Article 10 of Law 84 of 1989 will remain so:
Article 10. The harmful acts and cruelty to animals described in this law that do not cause death or injury that seriously impair their health or physical integrity in accordance with the provisions of Title XI-A of the Penal Code, shall be fined five (5) to fifty (50) minimum monthly statutory wages in force.
ARTICLE 5o. Add the following title to the Criminal Code:
TITLE Xi-A:
OF CRIMES AGAINST ANIMALS
ONLY CHAPTER
Crimes against life, physical and emotional integrity of animals
Article 339A. He who, by any means or procedure, mistreats a domestic animal, amansado, vertebrate or exotic vertebrate, causing death or injury which seriously undermines his health or physical integrity, will incur imprisonment Twelve (12) to thirty-six (36) months, and special inability of one (1) to three (3) years for the exercise of profession, trade, trade or tenure with respect to animals and fine of five (5) to sixty (60) minimum monthly wages legal force.
Article 339B. Circumstances of punitive aggravation. The penalties referred to in the previous article shall be increased from half to three quarters if the conduct is committed:
a) Con is seen;
(b) Where one or more of the above mentioned conduct is carried out by way or by public place;
c) Vaging from unimputable or minor or in the presence of those;
d) When sexual acts are committed with animals;
e) When any of the offences provided for in the previous articles are committed by a public servant or by public functions.
PARAGRAFO 1o. With the exception of the penalties provided for in this law, the practices, within the framework of the current rules, of good management of the animals that aim for the care, reproduction, breeding, training, maintenance; profit and processing related to food production; and training activities for legally accepted competencies.
PARAGRAFO 2o. Those who bring forward public health actions to control epidemic outbreaks, or the transmission of zoonotic diseases, will not be subject to the penalties provided for in this law.
PARAGRAFO 3o. Those who advance the conduct described in Article 7o of Law 84 of 1989 shall not be subject to the penalties provided for in this law.
ARTICLE 6o. Add article 37 of the Criminal Procedure Code with a numeral of the following tenor:
Article 37. Of the Municipal Criminal Judges. Municipal Criminal Judges know:
(...)
7. Of the crimes against animals.
ARTICLE 7o. COMPETITION AND PROCEDURE. Article 46 of Law 84 of 1989 will thus be:
Article 46. It is up to the mayors, the police inspectors to do their times, and in the Capital District of Bogota to the police inspectors, to know about the violations of this law.
For the purpose of the purposes of the State and the purpose of this law, the municipal offices and inspections shall have the harmonic collaboration of the following entities, who shall also make available the means and/or resources that are necessary in the terms provided for in the Political Constitution, Law 99 of 1993 and Law 1333 of 2009: The Ministry of Environment and Sustainable Development, the Regional Autonomous Corporations, the Sustainable Development Corporations, the Environmental Units of the large urban centres referred to in Article 66 of Act 99 of 1993, the public establishments concerned by Article 13 of Law 768 of 2002 and the Unit Special Administrative of the Natural National Park System.
PARAGRAFO. The monies collected by the respective territorial entity for fines will be exclusively used for the formulation, dissemination, execution and monitoring of policies for the protection of the animals, awareness campaigns and citizen education and the establishment of animal protection funds, actively linking animalistic organizations and animal health boards or who does their time to the compliance of animals objective.
ARTICLE 8o. Add to Law 84 of 1989 a new article of the following tenor:
Article 46A. Preventive material apprehension. Preventive Retention. Where there is knowledge or evidence of conduct which constitutes abuse against an animal, or which in a way infringes on his physical well-being, the National Police and the competent police authorities may be able to apprehend immediately and without any prior judicial or administrative order, to any animal. Any complaint must be addressed at most in the following twenty-four (24) hours.
PARAGRAFO. When the domestic animal is delivered to the animal protection entities, the person responsible, caregiver or holder shall be obliged to ensure the maintenance and feeding costs of the animal. without prejudice to the legal obligations incumbent upon the territorial authorities.
If the respective expenses are not cancelled within a period of fifteen (15) calendar days, the protection entity may finally dispose of the animal for adoption.
ARTICLE 9o. The fines referred to in Articles 11, 12 and 13 shall be increased at the same level as those set out in the previous article, as follows:
Article 11. Fines of seven (7) to fifty (50) monthly minimum legal wages in force.
Article 12. Fines of ten (10) to fifty (50) monthly minimum legal wages in force.
Article 13. Fines of nine (9) to fifty (50) monthly minimum legal wages in force.
PARAGRAFO. The penalties set out in this article will be imposed without prejudice to any criminal penalties that this or other law establishes.
ARTICLE 10. The Ministry of the Environment in coordination with the competent authorities will be able to develop pedagogical campaigns to change the practices of animal management and seek to establish those more appropriate to the animal welfare.
ARTICLE 11. VALIDITY AND REPEAL. This law governs from the date of its enactment and repeals any provisions that are contrary to it.
The President of the Honorable Senate of the Republic,
LUIS FERNANDO VELASCO CHAVES.
The Secretary General of the Honorable Senate of the Republic,
GREGORIO ELJACH PACHECO.
The President of the Honorable House of Representatives,
ALFREDO RAFAEL DELÚQUE ZULETA.
The Secretary General of the Honorable House of Representatives,
JORGE HUMBERTO MANTILLA SERRANO.
NATIONAL REPUBLIC OF COLOMBIA
Publish and comply.
Dada en Bogotá, D. C., a 6 de enero de 2016.
JUAN MANUEL SANTOS CALDERÓN
The Deputy Minister for the Promotion of Justice of the Ministry of Justice and Law, in charge of the functions of the Office of the Minister of Justice and Law,
ANA MARIA RAMOS SERRANO.
The Minister of National Defense,
LUIS CARLOS VILLEGAS ECHEVERRI.
The Secretary General of the Ministry of Environment and Sustainable Development, in charge of the Office of the Minister of Environment and Sustainable Development,
ELIZABETH GOMEZ SANCHEZ.
