FLASH
Shkruar nga Pamfleti
The new Penal Code, which has been proposed in draft form and has caused numerous reactions, including challenges from the European Union Delegation in Tirana, provides for prison sentences even in cases of animal abuse. If the animal dies, the sentence is increased by 50%.
But not only that, even if you abandon your dog or cat, you go to jail and you can stay there for 3 years. The draft has been put out for public discussion, although no one has yet come forward to officially take responsibility for who drafted it, while certain articles of it are becoming memes on social networks.
Article 944 of the proposed draft considers the abandonment of an animal, by anyone who has responsibility for it, as a criminal offense, when the act of abandonment occurs in circumstances that endanger its life or health. For this violation, the draft provides for a fine or up to 3 years in prison.
Point 1 of Article 943 clearly states that “causing a domestic animal, tamed, trained or living temporarily or permanently under human control, outside of legally regulated activities and by any means or procedure, of permanent or temporary harm, including acts of a sexual nature, for which veterinary treatment is required to restore the animal’s health, is punishable by a fine or imprisonment of up to three years.”
If the mistreatment results in the death of the animal, the penalty is increased by up to 50%. Whereas if the animal is a vertebrate but not a domestic animal, the act is considered a criminal offense and is punished more lightly, with a fine of up to 3 months in prison and the penalty is increased by 50% if the animal dies.
Meanwhile, even severe mistreatment without visible injuries can be punished with a fine or an additional punishment, which is left to the court to determine on a case-by-case basis.
Article 943
Damage to pets
• 1. Causing a domestic animal, tamed, trained or living temporarily or permanently under human control, outside of legally regulated activities and by any means or procedure, of permanent or temporary harm, including acts of a sexual nature, for which veterinary treatment is required to restore the animal to health, is punishable by a fine or imprisonment of up to three years.
• 2. The same act, committed against a vertebrate animal that is not included in the above-mentioned categories, constitutes a criminal offense and is punishable by a fine or imprisonment of up to three months.
• 3. When, by committing the offense provided for in the first paragraph, the death of a domestic animal, tamed, trained or living temporarily or permanently under human control is caused, the punishment is increased to one-half of it.
• 4. When, by committing the offense provided for in the first paragraph, the death of a vertebrate animal other than those mentioned in the third paragraph of this article is caused, the punishment is increased by up to one-half of it.
• 5. When veterinary treatment is not required for the injuries caused by the commission of this offense or the animal has been severely mistreated without causing any injuries, it shall be punished with a fine or with an additional punishment appropriate to the nature of the criminal offense committed.
Punishment for those who fail to control animals in public
Article 945 establishes criminal liability for those who fail to control animals in public spaces, as well as for those who fail to put protective masks on them. If a dog causes minor injury to a person due to lack of control or lack of a protective mask, the owner can be punished with a fine or up to 6 months in prison. However, in more serious cases, when the lack of control results in serious injury or the loss of a person's life, the punishment is harsher.
Article 946 punishes with a fine or imprisonment of up to three months anyone who promotes, organizes or directs fights between animals that cause them suffering or torture. Likewise, giving animals for fighting purposes, raising or training them to fight are punishable by up to six months in prison, while placing bets on these fights provides for a sentence of up to two months in prison. This article provides for the same penalties, according to the current Code.
The sentence is increased by 50% when the acts are committed with cruelty.
Article 947 stipulates that when acts against animals are committed with cruelty, cruelty or for profit, the punishment is increased by up to one second. Likewise, the punishment is also aggravated by 50% when weapons, instruments or means dangerous to the life of the animal are used, when the acts are committed in the presence of children or vulnerable persons, or when the perpetrator is the owner of the animal who abuses it. The punishment is also increased by 50% when the act is committed during a public event or the distribution of its images through information or communication technologies.
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