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On the new criminal-law arrangements to protect animals, or near miss

Publication at Faculty of Law |
2020

Abstract

The article focuses on an amendment to criminal regulations implemented by Act No. 114/2020 Coll., effective from 1 June 2020. While the legislature intended to impose stricter criminal liability for the criminal offence of animal abuse and introduced a new criminal offence of keeping animals under unsuitable conditions under Section 302a of the Criminal Code, the author believes that the new legal regulation has missed the goal.

Indeed, the provision represents a onsystemic deviation from the system of sanctions imposed for criminal offences, and in particular criminal offences against life and ealth, and brings about addi tional interpretation and application problems, which the author documents by analysing the adopted legislation. The author proposes amendments de lege ferenda that should solve the problem.