What does the law say about breaking a car window when a dog is suffering from heat stroke?

With the arrival of summer, temperatures rise and hoaxes, half-truths and fake news are circulating on social media. One of them has to do with heat, cars and pets. Is it true that we can break the window from a car to save an animal?

On some social networks you can read messages like this either thiswhich states that if a dog (or any other pet) is seen inside a car in the sun and having difficulty coping with confinement, it is possible to break the window without consequences.

Messages like this claim that breaking a window is justified if it is to save a dog or animal in distress. Along the way, some articles of the Criminal Code are mentioned to give greater credibility. Is it possible that this is the way to act?

The dangers of leaving an animal inside the car

First of all, we must be clear that we should never leave an animal or a person inside a car. Even if the car windows are down and the car is in the shade, the temperature inside the car increases rapidly.

According to National Policea car in the sun can reach up to 70ºC inside, if the outside temperature is close to 40ºC. Therefore, it is likely that it could cause significant damage to the health of animals and people in a very short time.

This problem, in fact, is included in article 60 of the Animal Rights and Welfare Protection Actwhich was reformed this year. It contains the following information:

When pets must remain in parked vehicles, appropriate measures must be taken to ensure adequate ventilation and temperature.

Previously, in article 24 of the same law it is stated that, in reference to companion animals, it is mandatory:

Do not leave them alone inside closed vehicles, exposed to thermal or any other conditions that may put their lives in danger.

Furthermore, Article 74, which refers to serious offences, again emphasises that this type of behaviour will be applied when:

a) Failure, by action or omission, to comply with the obligations and prohibitions required by this law, which entails harm or suffering to the animal, when it causes serious permanent consequences, damage or serious injuries to the animals, provided that it does not constitute a crime.

o) Permanently keeping dogs or cats on terraces, balconies, roof terraces, storage rooms, basements, patios and similar or in vehicles.

Article 75 specifies that, in the event of the death of the animal, the infringement will be considered very serious:

Failure to comply with the obligations and prohibitions required by this law when the death of the animal occurs, provided that this does not constitute a crime, as well as the unauthorized slaughter of animals.

This means that abandoning a dog (or any other animal) inside a car without adequate ventilation and causing irreversible damage to it will be punishable by a fine of 10,001 to 50,000 euros (serious offence) and 50,001 to 50,000 euros (serious offence). 200,000 euros if the animal dies (very serious offence).

We can do something?

Although fines for cause harm to an animal inside a car are very numerous, we must take into account that we cannot act on our own if we see an animal suffering inside a car.

Every year, there are hoaxes that point to alleged articles of the Criminal Code that exempt a person from breaking a car window if it is necessary to protect the life of the animal. Some cases, such as the one that points to article 54 of this law, are essentially lies, since this issue is not addressed in it.

Security forces, such as the National Policealways ask citizens to contact the emergency services to alert their officers and go to the location of the animal as quickly as possible. These officers will be in charge of breaking the window if they deem it appropriate.

It is true that Article 20.5 of the Criminal Code establishes some exceptions in which a citizen can cause damage to another’s property if by doing so he prevents a greater evil:

5. Anyone who, in a state of necessity, in order to avoid harm to himself or another person, injures the legal rights of another person or infringes a duty, provided that the following requirements are met:

First, the harm caused should not be greater than that which is being avoided.

Second. That the situation of need has not been intentionally caused by the subject.

Third. That the needy person does not have, due to his job or position, an obligation to sacrifice himself.

However, we cannot lose sight of the fact that the owner of the vehicle can report us If this happens, we will have to go to court and prove that the damage to the window was justified.

Therefore, it is always best to contact the emergency services, who will also explain how to proceed. If breaking the window is an indispensable reason to save the animal’s life, we will have to prove it in court (if the owner of the vehicle takes legal action). In this case, recording the situation may not be enough, as it will be up to a judge to assess what happened.

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Photo | Andrew Pons

*A previous version of this article was published in June 2023