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Hunting with mistletoe and electrical league or claim, in barracks, or also called 'parany'. Comment on sentences after the reform of article 336 CP

2015.06.08

AUTHOR: José Antonio Jiménez Buendía. Lawyer. Doctor in Law. Associate Professor, Faculty of Law of the UAB. Professor of the Master in Animal Law and Society UAB. Member of the Research Group SGR Animals, Law and Society (UAB). Technician of General Administration at Local Administration. Technician of Special Administration at Local Administration. Legal Counsellor for Planning Services.

TITLE: Hunting with mistletoe and electrical league or claim, in barracks, or also called "parany". Comment on sentences after the reform of article 336 CP

PLACE OF PUBLICATION: dA webCenter,
DATE OF PUBLICATION:
Internal links:

Comment on the Sentence of the Constitutional Court 11/2013, of 18th May, about the “parany” as a way of capture and hunting in the Comunidad Valenciana.

Comment on the Sentence 204/2010, 29th of April, of the 2nd Section of the Provincial Court of Tarragona.

Seminar on bird hunting by parany and wildlife protection in Catalonia (Animal Musings)

ABSTRACT

Before the reform of article 336 of the Spanish Criminal Code, operated by the Organic Law 5/2010 of 22th June, the jurisprudence was discrepant if incardinar the method of hunting called parany should be included in this type of offence against fauna, considering that the destructive effectiveness of this method could not be treated as poison or explosives. However, after that reform a new criminal conduct was added, so such other instruments or gear different from poison or explosives but also with a "non-selective" efficiency could be treated as those. Now, there is an unanimous jurisprudence of the Provincial Courts who include in this offence not only those hunting means with similar destructive effectiveness for wildlife as poison or explosives, but also those of similar non-selective efficacy. Thus, parany has been considered a prohibited non selective method for hunting, by the Superior Court of Valencia, the Supreme Court, the Constitutional Court and even the Court of Justice of the EU.

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