They are being sentients And for this they must be protected and protected: from 1 July the law containing “will enter into forceChanges to the criminal code, the code of criminal procedure and other provisions for the integration and harmonization of the discipline on crimes against animals“.
The text, which had been approved on May 29, will no longer protect the feeling of man for animals but directly the animals victims of crimes. In the most serious cases, those who kill an animal will risk up to four years in prison and a 60 thousand euro fine, if the fact is committed by using torture or deliberately prolonging the suffering. In case of mistreatment, imprisonment of up to two years and 30 thousand euros of fine is expected.
But let’s see specifically.
Increase in penalties for crimes against animals
The reform provides for a general unexpected of penalties for the crimes against the animals provided for by the criminal code. For the killing of animals (art. 544-bis), imprisonment passes from 4 months-2 years to 6 months–3 years, with the addition of a fine from 5,000 to 30,000 euros. A tightening with more severe penalties (1–4 years and a fine of 10,000 to 60,000 euros) is also introduced in case of extensions or prolonged sufferings.
Mistreatment, harmful substances and illegal shows
Also for the crime of mistreatment (art. 544-ter) the penalties increase: it passes from 3–18 months or a fine (5,000 –30,000 euros) to imprison from 6 months to 2 years, with the fine now mandatory. If the death of the animal derives from the administration of prohibited substances, the penalty has increased by half. The sanctions also increase for the organization of cruel shows (art. 544-quater) and for the fighting between animals (art. 544-quinquies), now also punishing the participants.
Killing of other people’s animals and modification to art. 638 cp
Art. 638 CP has been rewritten to punish with imprisonment from 1 to 4 years old those who kill or damage three or more animals collected on the flock or herds, or cattle/equine animals even if isolated. The need for the lawsuit was also eliminated, improving the effectiveness of the investigations.
New aggravating circumstances
The penis for crimes against animals have increased up to a third if the facts are committed in the presence of minorsagainst multiple animals, or if spread online through videos or images. The case of the Gray kitten of Alberobello, a torture and video for social networks, is a sad example of the growing frequency of these acts.
Accessories penalties and definitive transfer of animals
The possibility of definitive transfer of animals before the conclusion of the trial, behind bail, is made official. This tool – proposed by Lav and already applied in different procedures – allows you to promptly remove animals from dangerous situations, entrusting them to suitable families or structures.
Ban on alienation or demolition during the procedure
The ban on the reduction or sale of animals is introduced, except for the definitive transfer to the associations, for all serious crimes against animals, even in the absence of formal seizure.
“Anti -Mafia” style prevention measures
The applicability of prevention measures (former Legislative Decree 159/2011) also extends to those who are usually involved in prohibited events, fights between animals and other crimes of the 201/2010 law, in order to prevent the reiteration of crimes.
Ban on keeping dogs and cats at the chain
The prohibition, with administrative sanction, is introduced to hold dogs and cats to the chain or with tools that prevent their movements, except for temporary and certified exceptions. However, the rule is interpretable in an ambiguous and potentially ineffective way without a correct regulatory and jurisprudential framing.
The regional laws and municipal regulations that already prohibit or limit the use of the chain remain valid if improved. The regions, as competent in healthcare, can in fact provide for more restrictive rules with respect to national legislation.
The ban on the chain is sanctioned administratively, but “except that the fact does not constitute a crime“This means that, in the presence of injuries or serious suffering, the criminal offense can also be configured (art. 544-ter or 727 cp), and the authorities must transmit the crime news to the judiciary.
Reverse on identification of puppies
As Lav points out, a serious criticality is represented by the possibility, now granted to traders and breeders, to identify dogs and cats beyond the limit of two months of age. This weakens the contrast to traffic illegal of puppies, compromising traceability and increasing the risks for invented animals.
In addition, despite the increase in penalties, deflationary instruments such as the tenuity of the fact, the test and the conditional suspension of the sentence remain applicable. These mechanisms risk weakening the deterrent effectiveness of the new sanctions.
Net of some improvements, therefore, the reform – according to animalistic associations – is not exactly the radical change that was expected: gaps remain in accessory penalties, in the protection of wildlife, in the lack of resources for operators and structures, and in the absence of a register of crimes against animals. The prohibition of detention for those who mistreat or kills animals has not been provided, nor has a culpable form of crimes have been introduced.
