Shall the Regulation of the Crimes against Life and Health Apply Also to Animals? (De lege ferenda Considerations)
Abstract
This paper is dedicated to the protection of life and health of animals in criminal law. The author points out the current trend of the so called 'dereification', in the framework of which the way society regards animals changes.
At first, animals were perceived as things, mere "mooing instruments"; however, in the last 30 years the perception of animals was significantly altered both in the private and in the public law. Animals are thought of as creatures endowed with senses, whose protection in the hierarchy of values should be placed above the protection of property.
Attention is given to the current and past legislature regarding the protection of animals in criminal law and other acts of legislature, including the newest bill currently discussed in the Chamber of Deputies, one of the aims of which is to provide a criminal recourse for the so called 'animal mills'. The author acknowledges the trend of animal 'de-objectification', nevertheless he points out several practical problems, which are connected to this perception of animals.