Possibility of taking away an animal that poses a risk to the life or health of persons or other animals Cover Image

Możliwość odebrania zwierzęcia stwarzającego zagrożenie dla życia lub zdrowia osób lub innych zwierząt
Possibility of taking away an animal that poses a risk to the life or health of persons or other animals

Author(s): Ilona Szczepańska-Kulik
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: animal protection;criminal law

Summary/Abstract: The proposed amendment to the Animal Welfare Act would add a provision that would allow an animal that poses a risk to human life or health or to other animals to be taken away, as is the case for animals subject to abuse. In the author‘s opinion, the prerequisites for taking away an animal as proposed seem to be too generally defined. “Creating a threat” or the perception of a threat is a subjective circumstance and should not be the only condition for issuing a decision to take away an animal. The Animal Welfare Act provides for the possibility of a forfeiture order, but this can only be made for the act to be criminalised, not for the mere ‘creation of a danger to life or health‘ by an animal.

  • Issue Year: 79/2023
  • Issue No: 3
  • Page Range: 159-166
  • Page Count: 8
  • Language: Polish