With the definitive approval by the Senate, the proposal to modify the criminal code and the code of criminal procedure on crimes against animals becomes law
The measure received the favorable vote of the Lega groups, brothers of Italy, Forza Italia, we moderates and group of autonomies. Democratic Party, 5 Star Movement and Green Alliance and Left have abstained.
The new legislation introduces important updates in the Italian legal system regarding animal protection, recognizing greater criminal relevance to violent or illegal behavior against them.
Among the main contents of the text include the tightening of penalties for crimes such as mistreatment, abandonment and killing, the forecast of aggravating circumstances for the use of illegal substances and new rules on the management of animals seized during judicial proceedings.
Second Walter Caporalepresident of theItalian Animalist Association Onlusit is a “Step forward necessary after years of mobilization of civil society and animalistic associations”even if, underlines, “Some significant gaps remain who weaken the deterrent potential of the law”.
The strengths of the new legislation for animals
The reform marks a concrete evolution in the criminal treatment of crimes against animals. Among the most significant innovations:
- Joint and prison penalty for those who mistreat or kill animals, strengthening the sanctioning framework and limiting the exclusive use of alternative penalties.
- Aggravating for crimes committed with the use of drugs or prohibited substances, which recognize the greater social danger of such conduct.
- Prohibition of killing or assignment of the seized animals, even in the absence of a formal seizure, to guarantee their well -being during the procedural process.
- Early and definitive assignment of the seized animals – including the puppies born in the meantime – to recognized associations, in order to immediately protect their life and conditions of detention.
- Changes to the law on illegal trafficking of puppies, which simplify the dispute of the crime in case of absence of microchips or health documentation.
These interventions go in the direction of a strengthening of the animal justicereceiving part of the requests submitted over time by numerous third sector realities. Suffice it to remember that the Italian animal rights association, together with other groups, has collected over 400 thousand signatures to support more severe legislation.
Criticality and unresolved knots
Despite the progress, they remain in the legislative text Some controversial provisions. Among these, the possibility still envisaged to keep animals of affection related to the chain, provided that this does not prevent the movements. This is a regulatory choice that contrasts with regional regulations already in force in different parts of the country – such as Calabria, Umbria, Campania and Marche – and with municipal regulations that prohibit this practice absolutely.
Another criticality reported by the associations is the derogation from the immediate identification of dogs and cats by breeders and traders. According to corporal, this choice “He risks frustrating the instruments of contrasting the illegal trafficking of animals”making it more difficult to trace the origin of the specimens sold and thus favoring illegality.
Finally, the law does not yet provide for an absolute prohibition of new detention for those who have made themselves responsible for serious crimes against animals, including cases of use in fighting or organization of traffic. A gap that, according to operators in the sector, could create a dangerous short circuit, especially in cases where these conduct fit into wider criminal dynamics.
A first step but there is still too much to do
The new law represents an important evolution of Italian criminal law in the direction of animal protection. However, as also reporting the organizations in the sector, it is a first step that needs further developments to ensure effective and coherent protection.
As mentioned by the President of Italian Animalists, Walter Caporale, “Justice towards animals is not only an ethical question, but an indicator of a country’s legal civilization”. It will now be up to the practical implementation and commitment of legislative, judicial and administrative institutions, translate these principles into a real efficacy on the field.
