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ANIMAL PROTECTION IN ITALY: THE CRIMINAL LAW PERSPECTIVE
Abstract
n Italy we are witnessing a positive development in the protection of animals that involves more than just criminal law. It has just been announced (at the end of June) that the Senate of the Republic has expressed itself in favour of amending and supplementing the text of an article in the Constitution - a fundamental rule of Italian law - which would recognise the protection of animals Furthermore, the Treaty on the Functioning of the European Union protects animals as В«sentient beingsВ» and this is a fundamental recognition at supranational level as it emphasises their welfare. In Italy, focusing on the criminal aspect of protection, it is possible to observe a reinforcement of the same. In particular, a section has been added to the Italian Criminal Code under the heading В«Crimes against the sentiment for animalsВ» with articles punishing the killing of animals, animal abuse and prohibited shows or events as well as the promotion, organisation or management of unauthorised animal fighting or competitions. This contribution is intended to focus mainly on the criminal aspects of animal protection, which, however, as we have seen, must necessarily be placed within the fundamental principles of a legal system. Also in light of a number of rulings of the Supreme Court of Cassation, which have adopted important positions on the subject, the question will be asked whether the current legal-criminal system could be further strengthened. Keywords: criminal protection, animals, animal welfare, pets, environment
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References1
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