scholarly journals CONTEMPORARY DEVELOPMENT OF LEGISLATION ON CRIMINALIZATION OF ANIMAL CRUELTY

2019 ◽  
Vol 32 (1) ◽  
pp. 201-206
Author(s):  
Veselin Kirov ◽  
Iliyan Kostov ◽  
Silvia Kirova ◽  
Gergana Nikolova Balieva
Keyword(s):  
Criminal Liability ◽  
Penal Code ◽  
Animal Cruelty ◽  
Permanent Disability ◽  
Animal Protection ◽  
Administrative Punishment ◽  
Self Worth ◽  
Definition Of ◽  
Contemporary Development ◽  
Cruelty To Animals

With the development of modern societies, public perceptions of animals are changing. The existence of animals begins to be seen not only as an element of property, but also gaining self-worth, and it requires an understanding of the ability of animals to feel pain, stress and suffering. Cruelty to animals has a wide public outreach and requires special attention by state competent authorities and judicial authorities to control, detect and sanction different acts of animal cruelty. Such acts should be treated as socially dangerous actions and the perpetrators should be prosecuted as there is a scientifically proven connection between cruel treatment of animals and lasting irreversible consequences on the human mentality with subsequent criminal acts. According to the national legislation of the different countries, acts of cruelty are being criminalized concerning different categories of animals or only some of them - pets, productive animals, experimental animals. Typically, specimens of wildlife as well as invertebrates are not the subject of criminalization for cases of cruelty, but of other types of crime such as illegal trade.In Bulgaria, until 2011 the specific animal welfare legislation did not give sufficient provisions for prevention of violence against animals. This led to the need to adopt amendments to the Penal Code with texts criminalizing the cruelty to animals in the country.The present study analyzes the adopted texts in the Penal Code as well as the specific veterinary legislation in order to clarify the responsibilities of the competent authorities and the sanctions imposed in case of animal cruelty acts. In Bulgaria, any manifestation of cruelty to a vertebrate animal that has led to the death, severe or permanent disability has been raised by the legislator as a separate offense with criminal liability against the perpetrator. Actions other than those defined as a commitment of an offense against animals under the new provisions of the Penal Code, shall be regarded as violations under the Act on Veterinary Activities and the Animal Protection Act and shall be subject to administrative sanctions. For a clearer definition of the nature of the action itself, a definition of the term "cruelty" is provided within the Animal Protection Act.The administrative punishment body should assess any case of cruelty against a vertebrate animal and report whether it is a criminal offense within the meaning of Art. 325b of the Penal Code, in order to avoid violation of the non bis in idem principle.

scholarly journals Criminal Liability and Crime and Punishment Proportionality in the Crime of Legal Entities

2016 ◽  
Vol 9 (6) ◽  
pp. 61
Author(s):  
Samira Soltani ◽  
Ahmad Ramazani
Keyword(s):  
Criminal Liability ◽  
Penal Code ◽  
Legal Person ◽  
The Public ◽  
Crime And Punishment ◽  
Economic Exclusion ◽  
The Law ◽  
Definition Of ◽  
Legal Entities ◽  
The Way

One of the innovations of Islamic Penal Code in 2013 was to accept criminal liability of legal entities. By accepting criminal liability of legal entities, the way to punish them is arisen. As a legal person cannot commit any crime, any punishments are not applicable to them. Accordingly, Article 20 of this Law enumerated a list of penalties applicable to legal persons and it was tried to use penalties in accordance with the legal entities to deal with them. Punishments such as dissolution, confiscation, cash fine, announcement of the judgment, Diyeh, social and economic exclusion; such as a ban on business activities, prohibition of the public invitation to raise capital and ban from drawing business documents listed in Article 20 and Article 14, are a set of punishments which relatively different from usual punishment for individuals. These penalties are relative diversity, but what is objectionable is that the details and conditions of implementation of each of these punishments are not clear. If legislator described the details exactly or provided the condition to require the adoption of The Executive Bylaw of the punishment, it would be better. Given that all the points and issues about penalties for legal persons are not stated in this law as well as ambiguities in the law for a comprehensive definition of legal person, the way to implement main and supplementary punishments, In this study it was tried to evaluate and criticize the legal entities penalties including main and supplementary ones and their grading.

scholarly journals Criminal liability of veterinaians due to aiding and abetting animal cruelty

2020 ◽  
Author(s):  
Jens Bülte
Keyword(s):  
High Risk ◽  
Animal Welfare ◽  
Criminal Liability ◽  
Individual Case ◽  
Animal Cruelty ◽  
Eu Law ◽  
Court Order ◽  
Current Case ◽  
Animal Protection ◽  
Administrative Courts

Therefore, we may say in conclusion that the criminal liability of an official veterinarian who issues a certificate despite recognising the possibility that if transport takes place animals will suffer actions that fall under the conditions set out by § 17 No. 2a or No. 2b of the Animal Welfare Act, is not prevented by the principles of neutral aid or by the primacy of application of EU law (margin note 6-18)The principles of neutral aid are not applicable to the official veterinarian who is on watch for the protection of transported animals because approval of transport associated with wrongdoing is not a neutral action but eo ipso an action that is dangerous to the legal interest. Furthermore, his action is not subject to the protection of occupational freedom defined by the Basic Law in such a way that a restriction of criminal liability for aiding and abetting would be necessary or make sense. In fact, it would be contrary to the spirit and purpose of state control in terms of animal protection as a constitutional value (margin note 19-37).The primacy of application of European law does not limit criminal liability because even the interpretation of the regulations of the animal transport ordinance means that in a case where animal cruelty at the destination is suspected it is not only that no approval has to be granted but that no approval may be granted. EU law provides an unambiguous prohibition of any cooperation on the part of veterinary authorities in such transport (margin note 38-66).The arguments stated so far by the administrative courts supporting a duty to issue a preliminary certificate do not have sufficient validity, and they lead to a contradiction between criminal law and administrative law due to an artificially isolated view of the coherent life situation. There is, on the basis of EU law and constitutional law, no right to the issue of a preliminary certificate to carry out transport within the country for the purpose of circumventing regulatory safeguards against transport to countries that have a high risk in terms of animal welfare and which would therefore give rise to a concrete danger of animal cruelty in the country of destination or during transport (margin note 67-98).A veterinarian who issues such a preliminary certificate is liable to prosecution due to aiding and abetting animal cruelty abroad if actions are committed during transport to a country with high risk in terms of animal welfare or at the time of slaughter that are punishable under German law. This applies even if he is acting under the impression of current case law of the administrative courts because although in these decisions the question of criminal liability for cooperation in Germany for animal cruelty abroad is called into doubt (without valid reason), it is not denied. It is true that the veterinarian has impunity if he issues a preliminary certificate on the basis of a court order because he will then be acting on the basis of a court order that justifies his action. However, the possible criminal liability of a transporter due to aiding and abetting animal cruelty abroad and also of his legal adviser in the individual case who obtains the permits in court required for the transport remains unaffected by this.

PERTANGGUNGJAWABAN KERUGIAN NEGARA DALAM PENGELOLAAN KEUANGAN DAERAH

EDUKASI ◽  
2018 ◽  
Vol 16 (1) ◽  
Author(s):  
Hendra Karianga
Keyword(s):  
Financial Management ◽  
Criminal Liability ◽  
The State ◽  
Legal Proceedings ◽  
Regional Finance ◽  
Regional Budget ◽  
State Finance ◽  
Budget Policy ◽  
Definition Of ◽  
The Impact

Sources of revenue and expenditure of APBD (regional budget) can be allocated to finance the compulsory affairs and optional affairs in the form of programs and activities related to the improvement of public services, job creation, poverty alleviation, improvement of environmental quality, and regional economic growth. The implications of these policies is the need for funds to finance the implementation of the functions, that have become regional authority, is also increasing. In practice, regional financial management still poses a complicated issue because the regional head are reluctant to release pro-people regional budget policy, even implication of regional autonomy is likely to give birth to little kings in region causing losses to state finance and most end up in legal proceedings. This paper discusses the loss of state finance and forms of liability for losses to the state finance. The result of the study can be concluded firstly,  there are still many differences in giving meaning and definition of the loss of state finace and no standard definition of state losses, can cause difficulties. The difficulty there is in an effort to determine the amount of the state finance losses. The calculation of state/regions losses that occur today is simply assessing the suitability of the size of the budget and expenditure without considering profits earned by the community and the impact of the use of budget to the community. Secondly, the liability for losses to the state finance is the fulfillment of the consequences for a person to give or to do something in the regional financial management by giving birth to three forms of liability, namely the Criminal liability, Civil liability, and Administrative liability.Keywords: state finance losses, liability, regional finance.

CRUELTY TO ANIMALS OF MINOR AS A STAGE OF PERSONALITY FORMATION WITH A VIOLENT ORIENTATION

2020 ◽  
Author(s):  
Maksim Osipov
Keyword(s):  
Preventive Measures ◽  
Animal Cruelty ◽  
Cruelty To Animals ◽  
The Relationship

The article devoted to the study formations the identity of the criminal like. Animal cruelty is considered one of the violent stages of formations, directions personalities. The author analyzes the relationship between the stages of formation of the criminal’s personality in order to for the development of preventive measures.

scholarly journals Artistic Freedom or Animal Cruelty? Contemporary Visual Art Practice That Involves Live and Deceased Animals

Animals ◽  
2021 ◽  
Vol 11 (3) ◽  
pp. 812
Author(s):  
Ellie Coleman ◽  
Rebecca Scollen ◽  
Beata Batorowicz ◽  
David Akenson
Keyword(s):  
Best Practice ◽  
Animal Cruelty ◽  
Art Practice ◽  
Animal Protection ◽  
Ethical Implications ◽  
High Profile ◽  
Unethical Practices ◽  
Artistic Freedom ◽  
Legal Guidelines ◽  
Selection Of

This paper examines a selection of 21st-century international examples of exhibited visual artworks involving live or deceased animals. It seeks to reveal the risks and benefits of unique encounters with animals through art and to consider the ethical implications of artwork deploying animals. Australian and international animal protection laws are not explicit when it comes to the sourcing of animals for art nor for the direct inclusion of animals in artworks. This lack leads to a variety of artistic practices, some considered ethical while others are viewed as controversial, bordering on animal cruelty. Artwork selection is determined by a focus on high-profile artists who intentionally use animals in their practice and whose reputation has been fostered by this intention. The study provides insight into how the intentional use of ethically sourced animals within art practice can be a method of addressing hierarchal human–animal imbalances. Further, this study identifies unethical practices that may be best avoided regardless of the pro-animal political statements the artists put forward. Recommendations of how to better determine what is an acceptable use of animals in art with a view to informing legal guidelines and artistic best practice are presented.

NOWE WYSTĘPKI LICHWY (ART. 304 § 2 I 3 K.K.) W PERSPEKTYWIE FUNKCJI GWARANCYJNEJ PRAWA KARNEGO

2021 ◽  
pp. 22-41
Author(s):  
Magdalena Błaszczyk
Keyword(s):  
Quality Control ◽  
Financial Burden ◽  
Criminal Liability ◽  
Penal Code ◽  
Point Of Reference ◽  
Interest Costs

The paper offers an analysis of new provisions of Article 304 § 2 and 3 of the Polish Penal Code, which define two specific types of the offence of usury. These provisions are intended to protect consumers against excessive financial burden – the interest (§ 3) and non-interest costs (§ 2) – included in the loan they incur. The author examines them critically, taking as a point of reference the guarantee standards of criminal liability resulting from the Constitution. The author performs a “quality control”, which amounts to a dogmatic analysis of the statutory features of new usury offences, which means a kind of quality control of their definitions and verification of the necessity to cover the described behaviours by the sanctioning norms.

HEALTH DISORDER ASSOSIATED WITH PERMANENT DISABILITY AS THE SIGN OF BODILY HARM

2021 ◽  
Vol 74 (6) ◽  
pp. 1396-1400
Author(s):  
Igor І. Mytrofanov ◽  
Igor V. Lysenko ◽  
Mykola М. Riabushko ◽  
Volodymyr H. Hryn ◽  
Roman M. Riabushko ◽  
...  
Keyword(s):  
Bodily Harm ◽  
Criminal Proceedings ◽  
Ability To Work ◽  
Joint Research ◽  
Permanent Disability ◽  
General Ability ◽  
Judicial Practice ◽  
Permanent Loss ◽  
Definition Of ◽  
Medical Examinations

The aim: The paper is aimed at creation of the procedure and criteria for determining a health disorder associated with permanent disability as a sign of serious bodily harm. Materials and methods: To identify the problems faced by forensic medical and judicial practice in determining a health disorder associated with permanent disability, we studied more than 100 criminal proceedings from 2007 to the present time. Results: Ways to further improvement of the procedure for conducting expert studies on health disorders, associated with persistent loss of general ability to work as a characteristic feature of the bodily harm have been found to avoid errors in forensic medical and judicial practice. The issues of conducting forensic medical examinations to determine the degree of loss of general ability to work remain unresolved. The lack of joint research projects conducted by both medical and legal scientists leads to the polysemy and different approaches in the stating of certain concepts that are the subject of study of both medical and law sciences. Currently, the definition of the offence against health is debatable and the issues of criteria for determining such damage are not completely settled to date. Conclusions: We consider the development of the Procedure and Criteria for determining the degree (in percentage) of the permanent loss of general ability to work of victims of criminal offences, established by forensic medical experts, is crucial.

scholarly journals THE “CRIMINAL LAW OF VICTIM” AS A CRIMINAL LAW MODEL

2018 ◽  
Vol 2 (2) ◽  
pp. 14-19
Author(s):  
Irina Aleksandrovna Tretyak
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Criminal Liability ◽  
Theoretical Models ◽  
Legal Personality ◽  
Basic Model ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
The Impact

The subject. The article is devoted to analysis of the basic models of criminal law and the impact of victim’s legal status on the criminal legal theory.The purpose of the paper is to substantiate the existence and the importance of “criminal law of victim” as basic model of criminal legal theory.The methodological basis of the research includes general-scientific methods (analysis and synthesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of legal texts).Results and scope of application. The definition of the role of the victim, the importance of his legitimate interests in the implementation of criminal liability is complicated by the fact that the basic models of criminal law developed by science – “criminal law of the offender” and “criminal law of the crime” – do not consider the victim as a subject of criminal legal relations.The theoretical models of criminal law are embodied in the criminal law, specific legal rela-tions, law enforcement acts, etc., in connection with which there are specific indicators – the parameters by which it is possible to determine which model of criminal law is implemented.If the question of the criminal legal personality of the victim is controversial, in my opinion, there is no doubt that the victim is a party to the criminal law conflict, which often begins to unfold long before the crime.Conclusions. Recognizing the victim as a subject of criminal legal relations, as well as a par-ticipant in the criminal law conflict, it is possible to talk about the formation of a new model of criminal law – “the criminal law of victim”.

scholarly journals Self-Driving Cars and Criminal Liability

2020 ◽  
Vol 17 (3-4) ◽  
Author(s):  
Béla Csitei
Keyword(s):  
Autonomous Vehicles ◽  
Criminal Liability ◽  
Autonomous Vehicle ◽  
Essential Elements ◽  
Criminal Sanction ◽  
Criminal Offence ◽  
The Subject ◽  
Definition Of ◽  
Self Driving Cars

After clarifying the concepts of automated and autonomous vehicles, the purpose of the study is to investigate how reasonable the criminal sanction is arising from accidents caused by autonomous vehicles. The next question to be answered is that the definition of the crime according to the Hungarian law may be applied in case of traffic related criminal offences caused by automated and autonomous vehicles. During my research I paid special attention to two essential elements of criminal offence, namely the human act and guilt. Furthermore, I strived for finding solution for the next problem, as well: if the traffic related criminal offence is committed by driving an autonomous vehicle, how to define the subject of criminal liability.

scholarly journals The History of the Development of the French Laws on Criminal Liability of Legal Entities

2018 ◽  
Vol 1 ◽  
pp. 46-56
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Mikhail V. Krichevtsev ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Economic Crime ◽  
Penal Code ◽  
Criminal Prosecution ◽  
History Of ◽  
The Law ◽  
Legal Entities

The article reviews the history of development of French laws on criminal liability of legal entities. The authors note that the institution of criminal liability of legal entities (collective criminal liability) dates back to the ancient times and has been forming in the French territory for a long time. Initially, it was established in the acts on collective liability residents of certain territories, in particular, in the laws of the Salian Franks. This institution was inherited from the Franks by the law of the medieval France, and got transferred from the medieval period to the French criminal law of the modern period. The article reviews the laws of King Louis XIV as an example of establishment of collective criminal liability: the Criminal Ordinance of 1670 and the Ordinances on Combating Vagrancy and Goods Smuggling of 1706 and 1711. For the first time ever, one can study the Russian translation of the collective criminal liability provisions of the said laws. The authors state that although the legal traditions of collective liability establishment were interrupted by the transformations caused by the French Revolution of 1789 to 1794, criminal liability of legal entities remained in Article 428 of the French Penal Code of 1810 as a remnant of the past and was abolished only as late as in 1957. The publication draws attention to the fact that the criminal law codification process was not finished in France, and some laws stipulating criminal liability of legal entities were in effect in addition to the French Penal Code of 1810: the Law on the Separation of Church and State of December 9, 1905; the Law of January 14, 1933; the Law on Maritime Trade of July 19, 1934; the Ordinance on Criminal Prosecution of the Press Institutions Cooperating with Enemies during World War II of May 5, 1945. The authors describe the role of the Nuremberg Trials and the documents of the Council of Europe in the establishment of the French laws on criminal liability of legal entities, in particular, Resolution (77) 28 On the Contribution of Criminal Law to the Protection of the Environment, Recommendation No. R (81) 12 On Economic Crime, the Recommendation No. R (82) 15 On the Role of Criminal Law in Consumer Protection and Recommendation No. (88) 18 of the Committee of Ministers to Member States Concerning Liability of Enterprises Having Legal Personality for Offences Committed in the Exercise of Their Activities. The authors conclude that the introduction of the institution of criminal liability of legal entities is based on objective conditions and that research of the history of establishment of the laws on collective liability is of great importance for understanding of the modern legal regulation of the issues of criminal liability of legal entities.

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