La mala práctica profesional en medicina veterinaria y su incidencia en los derechos de los animales de compañía o mascota por falta de normativa legal

Abstract

In Ecuador, there is no criminal penalty for the death of companion animals caused by veterinary negligence, creating a regulatory gap that enables impunity for negligent conduct against animals recognized as subjects of rights. The objective was to analyze the need to classify negligent biocide due to veterinary malpractice and determine its placement within the Comprehensive Organic Criminal Code. A comparative analytical method was used, including a study of the Ecuadorian constitutional framework and a review of the legal systems of Spain and Argentina, applying the theory of objective imputation and the proportionality test. The results revealed that none of these countries criminalizes such conduct, although they do establish direct administrative and civil penalties. In Ecuador, civil proceedings are insufficient because they require proof of damage to the guardian rather than to the animal itself, making effective redress difficult. Article 146 of the Comprehensive Organic Criminal Code provides guidance on the objective duty of care applicable to this type of conduct. It is concluded that it is necessary to reform Article 250.1 of the code, as mentioned above, to include negligent biocide due to veterinary malpractice, with a proportional penalty of 30 to 90 days of imprisonment or community service, thereby guaranteeing effective protection of the rights of companion animals without equating them with human beings.