Cases of animal abuse from practice
Case 1:
Persons X and Y were engaged in raising and breeding dogs. They conducted daily training sessions with the dogs, which included various types of exercises—walking, running, weight training, treadmill running, etc.—with the aim of increasing the animals’ physical endurance. For each stage of the dogs’ development, the individuals observed a feeding regime and supported their physiology with nutritional supplements. These actions were not an end in themselves, but were necessary to achieve high results in fights.
Person X purchased a facility (ring) enclosed by boards and covered with carpet, which had a spotlight mounted on a tall metal stand. Dogs were put into this enclosure and incited to fight, and the animals, trained to be aggressive toward their own kind, engaged in combat. During these fights, the animals suffered injuries of varying number and severity, which X and Y treated on the spot because they maintained a kind of treatment room. The court convicted them of animal abuse for breeding and training animals for fighting.
Case 2:
Person X shot Person Y’s cat with his hunting rifle because it had killed his animal. Person X believes that his actions did not pose a danger to society and that he should not be held criminally liable. The court convicted him of animal cruelty for showing cruelty to a vertebrate animal and causing its unlawful death.
In its reasoning, the court makes the important clarification that in order for there to be extreme necessity, which would exclude the public danger of the act and, consequently, criminal liability, the act of avoiding danger must not itself constitute a crime. In this case, causing the death of the animal is a crime (since it was done without legal grounds) and the application of the doctrine of extreme necessity is not permissible.
It was precisely in connection with the frequent cases of cruelty to animals that led to amendments to the Penal Code of 2023. The increase in the severity of the punishment excludes the possibility of exemption from criminal liability by imposing an administrative penalty “fine.”
When is the commission of violence against an animal a crime?
Currently, it is envisaged that the punishment will be “deprivation of liberty” for a period of one to four years and a fine of one thousand to a8> years and a fine of one thousand to five thousand levs for each, who, by showing cruelty towards a vertebrate animal, causes its unlawful death, serious or permanent injury. The law on biological diversity provides a clear idea of which animals are vertebrates. a38> animals are vertebrates. In practice, these are all animals, except insects, crustaceans, snails and others. invertebrates.
Here it is important to clarify how the expression “act of cruelty” is interpreted. Cruelty within the meaning of the Animal Protection Act is considered to be any action or inaction that causes prolonged or repeated suffering to an animal, or damage to its health or stress; abandonment of animals; releasing animals that have been raised by humans into the wild if they have not been prepared in advance for survival in a natural environment; the breeding, use, and killing of dogs and cats for their skins and meat, for food production, as well as the import and export of dog and cat skins and meat, etc.
Any injury that is not a consequence of the lawful killing of an animal constitutes an act of violence against an animal and should be subject to criminal liability.
The amendments to the Penal Code of 2023 provide for a penalty of “imprisonment” of up to six years and a “fine” of between one thousand and ten thousand leva for anyone who organizes or participates in animal fighting, breeds, trains, or provides animals for fighting. This amendment was necessary because these activities constitute a particularly severe form of animal abuse.
When the commission of violence against an animal is an administrative offense?
Although some activities that cause death, serious or permanent injury to animals, are not a crime under the meaning of the law, there are a number of rules for protection that prohibit, under threat of administrative punishment, the commission of violence against animals. Their non-compliance leads to the commission of an administrative violation.
- The Law on Hunting and Game Protection provides for a “fine” for anyone who kills or catches game without a valid membership card and hunting license, or with a hunting license and valid membership card, but without a hunting permit, or outside the dates, hunting grounds, number and type of game specified therein. The fine ranges from BGN 300 to BGN 1,000 for small game and from BGN 2,000 to BGN 5,000 for large game.
- Administrative liability shall also be imposed on anyone who kills or captures game during a closed season, in a prohibited hunting area, or using prohibited means or methods. The penalty is a fine of between BGN 600 and BGN 2,000 for small game and between BGN 1,000 and BGN 10,000 for large game.
- According to the Fisheries and Aquaculture Act, anyone who catches fish and other aquatic organisms using prohibited fishing gear, equipment, accessories, and devices shall be punished with a fine of between BGN 1,000 and BGN 2,000.
- The Veterinary Medicine Act stipulates a fine of between BGN 200 and BGN 500, and in the event of a repeat offense, between BGN 500 and BGN 1,000, for anyone who causes fear, injury, pain, suffering, stress, or death to animals; uses animals for performances that cause pain, injury, or harm to the animal; ties animals in a way that causes them pain, suffering, or injury, etc.
- It is possible to confiscate the animal for the benefit of the state.
- A fine of between BGN 200 and BGN 500 is also provided for, and in the event of a repeat offense, between BGN 500 and BGN 1,000 for anyone who conducts experiments on animals without permission, or has used stray domestic dogs and cats as experimental animals, or has forced pupils and students to conduct experiments on animals that cause trauma or permanent damage to the animals, if this is contrary to their moral or religious beliefs, unless the purpose of the experiment is to acquire specific practical skills.
- The Animal Protection Act stipulates that anyone who commits cruelty to an animal shall be punished with a fine of between 500 and 1,000 leva, unless the act constitutes a criminal offense.
There are a number of scenarios that cannot be classified as punishable animal abuse.
- The Hunting and Game Protection Act regulates hunting rights, which include the right to hunt and acquire game, hunting trophies, and game products.
- The Fisheries and Aquaculture Act provides for fishing rights;
- The Veterinary Medicine Act permits the killing of animals for food, as well as animal testing for the purpose of developing medicinal products, diagnosing diseases, and other purposes.
In such cases, an activity permitted by law is carried out, and if the stipulated conditions and restrictions are observed, neither criminal nor administrative liability should be incurred.
Protection against violence against animals
In cases where violence against animals is an administrative offense, an administrative offense report is issued, which is not subject to separate appeal, but only to objection. Within six months of the report being drawn up, a penalty order is issued, which is subject to appeal within 14 days of receipt before the district court in the district where the offense was committed or completed.
In cases where it is established that a person is:
- caused unlawful death, serious or permanent injury to a vertebrate animal by acting with cruelty;
- organized, participated in animal fights, bred, trained, or provided animals for fights
the sentence will be condemnatory, as a crime has been committed in this case. With proper defense by an experienced criminal lawyer, it is possible to achieve a suspended sentence if the perpetrator has not been convicted of imprisonment for a crime of a general nature or, if convicted, has been rehabilitated.
Conclusion
The European Union’s animal welfare rules reflect the so-called five freedoms:
- Freedom from hunger and thirst;
- Freedom from discomfort;
- Freedom from pain, injury, and disease;
- Freedom to express their natural behavior;
- Freedom from fear and stress
The legislation of different countries criminalises acts against different categories of animals or only against some of them – pets, farm animals, laboratory animals. According to national legislation, violence against animals may be a crime, an administrative offence or an activity permitted by law.
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More similar topics can be found in the section ” Criminal law”.
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