Friday, December 6, 2013

Draft law proposes sentences up to three years for those who kill an animal

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The Socialist Party (PS) takes the debate tomorrow, in the Assembly of the Republic, a draft law imposing sentences up to three years for mistreatment of animals â€" and fines that can reach the € 5,000, in the case of private individuals, and € 60 thousand, to collective entities.

According to the newspaper, the proposal intends to remedy an omission of nearly two decades in Portuguese law, since the law of 1995, which adopted the general framework of animal protection, referred to definition of sanctions to a degree later, which was never discussed or approved.

Mr Pedro Delgado Alves moved to the newspaper that the aim is that the sanctions to be applied in cases of violence "are not associated with the right to property, but the mistreatment". Portuguese legislation punishes criminally ill-treatment, except in cases where the pet owner claims damage to your property.

Thus, this draft law establish that "who practice an unjustified act of violence against a pet, regardless of the ownership of the same, shall be punished with imprisonment from six months to 2 years, or with fine penalty."

If this action results "severe injuries or permanent or his death" the sanction is "a prison term of one to three years or a fine penalty." Already the fines will be of € 500 to € 5000, in the case of a natural person and to € 1,500 to € 60 000 euros in case of collective entities, aggravated in cases of recidivism. Are also provided for ancillary penalties such as deprivation of the right of possession of animals for the maximum period of 10 years.

The position of the other parties about this matter should only be set today, the meetings of the parliamentary groups. Christopher North, Member in PSD, accompanies this explained to the newspaper that has the "expectation that, increasingly, the position of the PSD is towards the criminalization of maltreatment and abandonment of animals."

The Portuguese Civil Code includes the animals in the category of "things" and the Penal Code defines this type of damage caused by unlawful as "alien thing". I.e. the mistreatment are penalized in that call into question the right of property of the owner of an animal. Which leaves out the wandering animals, which have no owner.

Foto:  ETersigni / Creative Commons

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