More severe penalties are coming for those who mistreat animals. The new provisions are contained in a bill that will be discussed by the Montecitorio assembly starting tomorrow. The initiative comes from MP Michela Brambilla, who has always been a champion of the world of animals for the centre-right.
In the text containing “Amendments to the penal code, the criminal procedure code and other provisions for the integration and harmonization of the discipline regarding crimes against animals” new rules and new penalties for the protection of animals are introduced, in the wake of a recent jurisprudential address that deals with animals as being “sentient” and no longer as objects.
In the law that begins its parliamentary process, the establishment of the bank is envisageddata from the Police Force of a specific section concerning crimes against animals and the establishment, by the State, of reception centers for animal victims of crime, also using, upon order of the prefect competent for the territory, structures already existing (article 12, paragraph 1). The new article 8-bis is therefore introduced in law no. 189 of 2004 which establishes the contribution for the detention and maintenance of animals seized and confiscated pursuant to the same law and other regulations in force regarding the protection of animals. The contribution is paid by breeders, importers of animals belonging to unprotected species and by those who capture and keep wild fauna. “The related resources are also intended for the creation of reception centers for animal victims of crime”.
According to the new legislation, anyone who commits crimes against animals such as fighting, torture, or other prohibited entertainment may be subjected to a mandatory deportation order with a ban on return for 3 years and an oral warning; special public security surveillance with possible use of electronic bracelets; prohibition or residence obligation) and the patrimonial prevention measures referred to in Title II (among which, seizure and confiscation also by equivalent; the judicial administration of personal assets as well as that of assets connected to economic activities and companies) (article 8, paragraph 2) .
For theabandonment of animals the same penalties introduced for the crime of mistreatment are foreseen (imprisonment from one to five years and fine from 5,000 to 30,000 euros). The same article 6 also establishes the crime of preparation and abandonment of poisoned bait and morsels to the detriment of public health and animals for which there is a risk of imprisonment from four months to two years and with the fine up to 20,000. It is therefore a crime of danger, intended to be applied regardless of any harmful event caused to people or animals.
Furthermore, article 452-sexies.1 is added to the penal code which provides that anyone who takes in kind, captures, receives or purchases, offers for sale or sells one or more specimens of protected animal species, causes their death or destruction, imports, exports, re-exports under any customs regime, causes transit, transport within the national territory or gives away, receives, uses, exhibits or holds specimens of protected fauna species or their parts or derivatives is punished with imprisonment from two to six years and with fine from 15,000 euros to 90,000 euros.
To the criminal profile, the law adds a related aspect to awareness through specific activities, within schools of all levels on the behavioral ethology of animals and their respect, specifying that this promotional activity is also accompanied by one of an implementation nature to be implemented on an annual basis.