FAILURE TO TAKE SUFFICIENT CARE AND CONTROL OF VERTEBRATES – ADMINISTRATIVE VIOLATION OR CRIME

Abstract

Owners and persons supervising animals are obliged to take adequate and enough care for them and to control their behaviour. This obligation is explicitly governed by the provisions of article 149, article 150 and article 177 of the Veterinary Medicine Act (VMA). Any failure to take due care, i.e. owners’ omission, may result in damages both to animals and the other members of the society. The liability of the owners and the persons supervising the animals may be criminal in case the hypotheses of article 325c) of the Criminal Code exist, or administrative – criminal in case with their omission, responsible individuals have violated only the requirements of the veterinary medical legislation. This study highlights the need to differentiate cases where the responsible individuals’ failure to take enough care for the animals is only an administrative violation, and cases where this is a crime, and what are the competent government authorities that impose sanctions to the violator. The judgment of this circumstance is crucial with view of the prohibition to sue a violator twice for the same, also used as a basis for the interpretation in Interpreting Decision No 3 enacted on 22.12.2015 under interpreting case No 3/2015 as per the inventory of the General Assembly of the Criminal Bar at the Supreme Court of Cassation.