Hunting in Spain and sanctions
Introduction.
In Spain, sports hunting is still an allowed activity, but regulated by law. So every hunter must know the importance of meeting the requirements of the Spanish Hunting Federation to avoid future sanctions. However, there is still some confusion about whether or not a crime is hunt without mandatory insurance in Spanish territory.
Next, we will analyze some issues about what kind of insurance is needed to obtain the hunting license in Spain. In addition to clarifying the sanctions that can be applied to those who practice hunting with the minimum coverage required by law.
Developing.
Is hunting without insurance a crime according to Spanish law?
It is no accident that many people doubt whether or not it is a crime to practice hunting without mandatory insurance. This confusion usually comes from the changes in this matter that has suffered the Spanish Criminal Code in 2015. Until the aforementioned year, his text towards a differentiation between crimes and criminal offenses.
Basically, fouls were understood as infractions of less entity than crimes. And therefore, they generated less rigorous sanctions for those who occurred in them. But after the 2015 reform, the concept of fault and the distinction between the seriousness of the infractions have been carried out in terms of minor, less serious and serious crimes have been suppressed.
And what does this have to do with sport hunting? Because according to the previous text of the Criminal Code, hunting without insurance was considered as a criminal offense. Although a condemnation of the offender was generated, the applicable penalties did not pass fines for one or two years. In addition, it did not imply a positive criminal record.
However, the extinction of criminal offenses has led to the suppression of article 636 of the Criminal Code, which was precisely about these types of infractions. And its absence usually generates misunderstandings when talking about the mandatory hunting insurance.
So does it mean that hunting without insurance is decriminalized in Spain?
In no way … Anyone who practices hunting without insurance can receive fines as provided in the 1970 hunting law. Not to mention that all autonomous communities understand that it is an administrative infraction to lack the mandatory insurance when hunting.
However, the total corresponding to economic sanctions may vary significantly in each town hall. The CCAA that continue to adopt the regulations of the Hunting Law, usually have the lowest fines. While those that generated their own ordinances to this respect, they tend to use more rigid administrative sanctions.
To have an idea of the difference in the treatment of this issue, let’s compare Madrid and Valencia. In Madrid, the hunting law and fines related to the hunter -related fines rarely exceed 150 euros are still in force.
Already in the Valencian Community, hunting without mandatory insurance is considered a very serious infraction, and fines reach 15,000 euros. In addition, offenders can have the license disabled for up to three years.
What kind of insurance is mandatory to hunt in Spain?
To clarify a little more misunderstandings, we must differentiate between mandatory insurance and other coverage that can be hired by a hunter, but are not required by current regulations in Spain.
In obtaining a hunting license on the Iberian Peninsula, the hunter needs to hire civil liability insurance. Likewise, coverage must respect the minimum requirements provided for in the aforementioned hunting law. Next, we highlight some important aspects:
Mandatory hunting insurance coverage can be limited to 90.151.82 euros, with the purpose of covering each compensation derived from hunting accidents.
This coverage reaches barely the bodily damage caused to third parties, to facilities, to dogs used in hunting, etc. However, the injured party will not be compensated in case it is proven that it acted with negligence, recklessness or intentionality.
In addition, the amparo will only be provided for accidents that occurred in the hunting grounds during the exercise of the activity. Regardless of the fact that the damage derives from an involuntary shot or happens during a rest period.
conclusion.
On the other hand, there is a wide range of additional insurance that can expand the minimum coverage required by law, offering more security to the contracting party. For example, it is interesting to have insurance that also includes the possible damage caused to the hunter, or special travel insurance by participating in international hunting tournaments.
However, it should be clear that these ‘extra’ coverage are not necessary to obtain the hunting license in Spain, and their lack does not generate sanctions to hunters.
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