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Crimes against the feelings for the animals: the killing of animals, of which art. 544 bis Penal Code
Crimes against the feelings for the animals: the killing of animals, of which art. 544 bis Penal Code
At the outset, we observe that the offense of "Slaughter of animals" was inserted by the criminal law with the Law 189/2004, in Book II (Crimes in particular), title IXbis (Crimes against the sentiment for animals (1) ) of the Criminal Code.
In fact, from many sides (animal welfare organizations) and also in legal doctrine is pushed and Criminal is urging the legislature to ensure more effective protection to animals.
Therefore, the text of art. 544 bis is as follows: "Whoever, with with cruelty and unneccsarily, causes the death of an animal shall be punished with imprisonment from three months to eighteen months."
It further notes that it is a common crime, damage , and free-form event as it is executed by checking out the damaging event, when the attempt is certainly configurable.
The well-protected legal interest in art. 544 a (Killing of animals) is the animal life and the feeling that every human person has towards animals. Moreover, this legal right is violated only where the killing takes place in such a way that is unnecessarily cruel, but simply for the sheer sake of killing (so-called animus et voluntas necandi). It is noted that in the case provided for and punished incriminating article.544 bis Criminal Code cruelty and lack of necessity operate separately and in limiting the area define the offense penalty. In fact, in my opinion, you have to say that the offense in question may well exist even where the killing of the animal only needs to happen but in a cruel and vicious.
In addition, the subjective element of this particular crime is represented the general intent, ie the consciousness and the desire to cause the death of an animal for pure cruelty or unnecessarily.Therefore, they can not be regarded as criminally negligent conduct all those relevant to the killing of an animal. Consider, for example, vehicle which causes the death of a cat that suddenly crosses a city street. So, in the absence of the element of intentional psychological general conduct of the agent that caused the death of the animal is always considered by the legislature as a criminal offense in front of irrelevant to the legal system. This is a very trivial example but, nevertheless, able to define and describe the exact area of the criminal act.
In addition, we observe that Article. 544 bis (Killing of animals) is not applicable in the cases provided for by special laws for "hunting, fishing, farming, transport, slaughter, scientific experimentation, etc. ..", of which art. 19b (special laws relating to animals) Royal Decree of 28 May 1931, No 601.
It should be noted, also, that this legal provision has been inserted in Article 3, paragraph 1, of Law July 20, 2004, No 189. In essence, Article. 19b (Royal Decree of 28 May 1931, No 601 - coordination and transitional provisions of the Penal Code) can be a real cause of justification, within the legal prosecution distinguished modeller capable of discriminating (2 ) conduct that otherwise would be totally illegal (contra jus).
remain to be analyzed for completeness of exposition, the procedural aspects of the offense referred to in question. Therefore, it is a crime within the jurisdiction of the Court single judge (Article 33-ter) that is brought ex officio (Art. 50 CCP) where the arrest and detention measures precautelari are not allowed, for the crime concerned the prosecution is exercised by the direct quotation in the opinion of Articles.550 et seq. cpp, or with the penal order when the necessary conditions.
In conclusion, the legislator with the introduction of the new art. 544 bis (killing animals) considered essential to ensure the animal, considered as a real human being biologically, a high degree of legal protection regardless of the biological scale by these busy. Therefore, after the entry into force of Law No 20 July 2004 189 (Provisions concerning the prohibition of cruelty to animals, as well as use of these competitions in fighting illegal or unauthorized) every human person must always take socially valuable behavior toward animals.
In fact, from many sides (animal welfare organizations) and also in legal doctrine is pushed and Criminal is urging the legislature to ensure more effective protection to animals.
Therefore, the text of art. 544 bis is as follows: "Whoever, with with cruelty and unneccsarily, causes the death of an animal shall be punished with imprisonment from three months to eighteen months."
It further notes that it is a common crime, damage , and free-form event as it is executed by checking out the damaging event, when the attempt is certainly configurable.
The well-protected legal interest in art. 544 a (Killing of animals) is the animal life and the feeling that every human person has towards animals. Moreover, this legal right is violated only where the killing takes place in such a way that is unnecessarily cruel, but simply for the sheer sake of killing (so-called animus et voluntas necandi). It is noted that in the case provided for and punished incriminating article.544 bis Criminal Code cruelty and lack of necessity operate separately and in limiting the area define the offense penalty. In fact, in my opinion, you have to say that the offense in question may well exist even where the killing of the animal only needs to happen but in a cruel and vicious.
In addition, the subjective element of this particular crime is represented the general intent, ie the consciousness and the desire to cause the death of an animal for pure cruelty or unnecessarily.Therefore, they can not be regarded as criminally negligent conduct all those relevant to the killing of an animal. Consider, for example, vehicle which causes the death of a cat that suddenly crosses a city street. So, in the absence of the element of intentional psychological general conduct of the agent that caused the death of the animal is always considered by the legislature as a criminal offense in front of irrelevant to the legal system. This is a very trivial example but, nevertheless, able to define and describe the exact area of the criminal act.
In addition, we observe that Article. 544 bis (Killing of animals) is not applicable in the cases provided for by special laws for "hunting, fishing, farming, transport, slaughter, scientific experimentation, etc. ..", of which art. 19b (special laws relating to animals) Royal Decree of 28 May 1931, No 601.
It should be noted, also, that this legal provision has been inserted in Article 3, paragraph 1, of Law July 20, 2004, No 189. In essence, Article. 19b (Royal Decree of 28 May 1931, No 601 - coordination and transitional provisions of the Penal Code) can be a real cause of justification, within the legal prosecution distinguished modeller capable of discriminating (2 ) conduct that otherwise would be totally illegal (contra jus).
remain to be analyzed for completeness of exposition, the procedural aspects of the offense referred to in question. Therefore, it is a crime within the jurisdiction of the Court single judge (Article 33-ter) that is brought ex officio (Art. 50 CCP) where the arrest and detention measures precautelari are not allowed, for the crime concerned the prosecution is exercised by the direct quotation in the opinion of Articles.550 et seq. cpp, or with the penal order when the necessary conditions.
In conclusion, the legislator with the introduction of the new art. 544 bis (killing animals) considered essential to ensure the animal, considered as a real human being biologically, a high degree of legal protection regardless of the biological scale by these busy. Therefore, after the entry into force of Law No 20 July 2004 189 (Provisions concerning the prohibition of cruelty to animals, as well as use of these competitions in fighting illegal or unauthorized) every human person must always take socially valuable behavior toward animals.
The table in Annex Art. 19 b (special laws relating to animals). Royal Decree of 28 May 1931, No 601 - coordination and transitional provisions to the Penal Code.
Section 19 b (special laws relating to animals). - The provisions of Title IX of Book II bis of the Penal Code do not apply to cases provided for by special laws on hunting, fishing, farming, transport, slaughter of animals, scientific experiments on them, circus activities, zoological gardens, and other special laws relating to animals. The provisions of Title IX of Book II bis of the Penal Code do not apply equally to the cultural and historical events authorized by the competent region.
(1) The ANPA - Association which has as its statutory purpose to protect animals - is entitled to receive notice pursuant to art. 408, second paragraph, Code of Criminal Procedure, should be seen as victim of crimes against animals and the feeling of violation under Article. Cp 727, regardless of the enactment of the DM art. 19 c L. July 20th, 2004 No 189. Penal Cassation, Section III, ruling Oct. 12, 2006, No34095
(2) The justification are already exonerating or causes of the particular circumstances under which a fact which would otherwise be a crime, this is not because the law requires or permits.
The above is a Google translation from the following website: http://www.overlex.com/leggiarticolo.asp?id=1740
