With a vote expressed by raise of hand, the classroom of the Senate gave the Understanding definitive to the provision that introduces a stiffening of the sanctioning framework for those who are mistreated or abuse of animals.
The legislative proposal, wanted by the deputy of us moderates, Michela Vittoria Brambilla, had already been approved by the Chamber last November and concluded her parliamentary process without undergoing changes to the passage in the Senate.
The heart of the new legislation lies in a change of cultural and legal paradigm: in fact, we pass from an anthropocentric vision, in which the “was protectedhuman feeling towards animals“, To a perspective that recognizes the animals as subjects of their own rights, to be protected as sentient beings, regardless of human perception.
What the law provides for
Among the main innovations introduced by the text there is the aggravation of the penalties for those who make themselves responsible for acts of violence or cruelty towards animals.
Economic and criminal sanctions are increased:
Another innovative element is the prohibition to break down the animals involved in judicial proceedings: They must be kept in suitable structures until the conclusion of the process. Animalist associations will also have the right to request the seizure review, to guarantee adequate living conditions and respectful of the well -being of the animals themselves.
Finally, the bill introduces particularly hard measures against FRetharatic mooring of mistreatmentassimilating – in terms of prevention – these behaviors to the dynamics of mafia -type crimes. Further narrow are also introduced to combat the phenomenon of abandonment, illegal trafficking of animals and unauthorized import, with the tightening of the relative sanctions.
But there is a but …
We greet some advancements compared to current legislation – said Ilaria Innocenti, the institutional reports of Lav who specified. Among the main positive aspects we point out the forecast of the pecuniary penalty joined to the prison one both for the crime of killing and for that of mistreatment, of some aggravating circumstances, as well as the provision that allows to punish the death of the animal more severely following the administration of drugs and other prohibited substances. Certainly a step forward compared to the past.
“However, we must take note – added Roberta Postente of the Lav Legal Office – of how these positive provisions have not been expressly extended, as required by us, also to the crime provided for by article 727 of the criminal code, which instead the Italian judiciary has always done and will be able to continue to do according to the jurisprudential guidelines on the subject.
We cannot fail to underline – continues Innocenti – that among the negative aspects, there is the possibility of derogate The general prohibition of detention of dogs and cats to the chain or with other similar tool as long as it does not prevent movement. A real paradox since the law wants to contrast mistreatment against animals.
This provision is in contrast with regional laws – such as those of Calabria, Campania, Marche and Umbria – which already prohibit this cruel practice with those of other regions that provide for more stringent derogations.
In any case, and fortunately, the most rigorous prohibitions of the regions and autonomous provinces do not automatically decline: the regional rules, in fact, can be more restrictive of national laws, also by virtue of the fact that health, under which animal protection falls, is competing between the State, the regions and autonomous provinces and the more restrictive provision certainly does not violate the principle of reasonableness and proportionality.
