Proving the Crime of Animal Cruelty - Key Characteristics and Practical Difficulties

Batrićević, Ana (2015) Proving the Crime of Animal Cruelty - Key Characteristics and Practical Difficulties. In: Međunarodni naučni skup "Dani Arčibalda Rajsa". Kriminalističko-policijska akademija, Beograd, pp. 185-193. ISBN 978-86-7020-319-8

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Abstract

Judicial practice and available official statistics indicate that discovering, proving and sanctioning the crime of animal cruelty, i.e. criminal offence of killing and torture of animals prescribed by Paragraph 269 of Criminal Code of the Republic of Serbia seems to be connected with numerous obstacles and complications. This could be considered as one of the circumstances that contribute to the fact that the number of persons accused of or convicted for this criminal offence in Serbia appears to be rather small in comparison to the actual number of committed and reported cases of animal cruelty. Additional concern is caused by the fact that similar misbalance, showing the presence of so-called “dark figure of crime” follows other criminal offences against environment. In attempt to contribute to more efficient suppression of this type of criminality, the author of this paper discusses fundamental features of criminal offence of killing and torture of animals, draws attention to its most frequent forms (including killing of animals by using firearms or other weapons, animal poisoning, animal neglect, animal hoarding, sexual abuse of animals and causing unnecessary fear and distress to animals) and points out the most acceptable ways to provide valid, relevant and complete evidence against their perpetrators. Moreover, the author highlights the most common practical difficulties that might occur while attempting to provide evidence for each of the aforementioned types of animal cruelty and offers possible solutions that would improve the speed, quality and efficiency of evidentiary proceedings in such cases.

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