Can dogs be included within the concept of improper weapon for the purposes of aggravating circumstances?

Abstract

This paper aims to provide an overview of the axial or core issues that arise around determining whether the use of dogs to commit certain crimes can be considered an aggravating factor, considering their assimilation to an improper weapon, or, in fact, we are faced with an act of animal abuse under the light of the new trends that conceptualize the animal as a subject of law and not an object. The jurisprudential treatment received by the terminology “improper weapon” will be analyzed, as well as those problematic situations that arise in practice, of greater importance, revealing the disparity of criteria. The jurisprudential approach that considers the non-human animal a subject of law will also be briefly examined. In this way, the different possibilities of the court before a specific case will be shown, due to the dissimilarity and inconsistency of the different sources of law that deal with the subject.