Is abandoning a dog a crime in Spain? Fines and legal consequences (Law 7/2023 + Criminal Code)

Illustration of an animal shelter with a person, a dog, and a cat in a responsible adoption context

The question “is abandoning a dog a crime?” is extremely common, and it makes sense: people often mix up administrative fines, regional rules, and the Criminal Code.

Let’s be clear from the start: yes, it can be a crime in certain circumstances. And there are also administrative fines that can be very high.

Is abandoning a dog a crime?

It can be:

an administrative offence (a fine) under Law 7/2023, and/or
a criminal offence if the abandonment happens in conditions where the dog’s life or integrity may be at risk.

In practice, it depends on the facts and how authorities process the case.

Administrative fine: Law 7/2023

Law 7/2023 (protection of animal rights and welfare) classifies abandonment as a serious administrative offence and sets a fine from €10,001 to €50,000.

The exact amount within that range depends on the circumstances, the level of risk, and how the file is assessed.

Criminal offence: Criminal Code (Art. 340 ter)

If a vertebrate animal under your responsibility is abandoned in conditions where their life or integrity may be at risk, it may fall under Article 340 ter of the Spanish Criminal Code.

According to the provision, penalties can include:

a fine of 1 to 6 months or community work from 31 to 90 days, and
a 1 to 3-year disqualification from keeping animals (and from certain animal-related professions/activities).

What counts as “abandonment”?

It’s not only “leaving a dog on the side of the road”.

Broadly, abandonment is when the responsible person disengages and leaves the dog without proper care or control. For the criminal route, the key element is risk to life or physical integrity.

If you’re unsure, think of it this way: if the dog is exposed to danger (traffic, lack of water/food, weather extremes, aggression, accidents) or without real supervision, you’re entering serious territory.

What to do if you can’t keep your dog (responsible alternatives)

If you’re in a difficult situation, there are responsible options before anything like abandonment:

find temporary foster with someone you trust (family/friends) while you arrange a solution,
post a clear, honest adoption listing to find a suitable adopter,
contact local rescues (they can sometimes help with visibility or temporary fosters),
close properly: agreement + up-to-date microchip and ownership transfer according to your region.

If you’re rehoming a dog or cat, this guide works as a checklist: how to give up your dog or cat for adoption.

What to do if you find an abandoned dog

Without going into strict procedures (they vary by municipality), a safe baseline is:

don’t put yourself at risk (roads, fearful dog),
if you can, secure the dog calmly (improvised leash, treats) and move to a safer spot,
contact local police / municipal services so they can collect the dog or guide you,
if the dog is injured, go to a vet or contact emergency services.

Miwuki resources

If you need to rehome responsibly: give up your dog or cat for adoption.
If you want to post a listing and receive applications: Miwuki Pet Shelter.

Conclusion

Abandoning a dog can lead to major fines and, if there is risk to life or integrity, criminal consequences. If you can’t keep your dog, the responsible path is a proper rehome with an agreement, not “disappearing”.

Sources

Law 7/2023 (BOE): boe.es (BOE-A-2023-7936)
Organic Law 3/2023 (BOE, criminal reform): boe.es (BOE-A-2023-7935)
Junta de Andalucía (summary of abandonment fine under Law 7/2023): juntadeandalucia.es