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Sentencia 204/2010, 29 de abril, de la Sección Segunda de la Audiencia Provincial de Tarragona

2011.04.06

AUTHOR: José Antonio Jiménez Buendía. Lawyer . Associate Roman Law Professor at the UAB.
TITLE: La caza “en barraca” y el delito contra la fauna del art. 336 CP. Sentencia 204/2010, de 29 de abril, de la Sección Segunda de la Audiencia Provincial de Tarragona.

PUBLICATION DATE: March 2011
PUBLICATION PLACE: dA web Center, March 2011

Internal link: Sentencia.

Second Section of the Provincial Audience of Tarragona.
Judge: Ilmo. Sr. D. Ángel Martínez Sáez.
Date: April 2010

ABSTRACT

It is a topic of great importance nowadays, because it refers to the crime against the fauna of the art. 336 CP, which was introduced in 1995 in our Penal Code with the following draft:
" The one that, without being legally authorized, it uses for the hunt or it fishes poison, explosive means or other instruments or arts of similar destructive efficiency for the fauna … "
The judgment object of the comment is of the section 2 ª of the AP Tarragona, which did not have previously this criterion and which was imposed by the Plenary session of the Penal Room of May 6, 2009 in tuning in with the criterion of the Fourth section.
Nevertheless, again one will have to assemble the Plenary session of the Penal Room because the Organic Law 5/2010, of June 22, in force from 23.12.2010, has "inserted" in the description of the penal slightly fundamental type in order that the primitive criterion of the Second Section continues being kept, since it has added the " not selective " expression, remaining like that written the article: " the one that, without being legally authorized, it uses for the hunt or it fishes poison, explosive means or other instruments or arts of similar destructive or not selective efficiency for the fauna … "
And everything comes because this method in question is a system of hunt that has very much rooting and tradition in the zone of the valley of the Ebro (in Alcanar, Ulldecona …); the rooting and the tradition we see that they are difficult to erase even if they are against the common sense.
KEYWORDS

Art.336 of the Penal Code, crimes against the fauna, Criminal Law, the hunt "in hut", tradition.


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