Court Decision Eliminate
Jail For
Owners of Domestic
Animals Involved in
Attacks
A decision by the Sala
IV (Constitutional
Court) provides
protection for owners of
dogs and other domestic
animals involved in an
attack, eliminating jail
as the only punishment.
The decision declared
unconstitutional
article 229 bis of the
Código Penal (Penal
Code).
The article punished
owners of domestic
animals from five to
fifteen days jail for
"abandonment or
negligence, causing
damage to others,
irregardless of the
amount".
According to the press
release by the press
office of the Poder
Judicial, the
magistrates of the
Constitutional Court
deemed it excessive the
punishment "mainly
because there is no
intention on the owners
part part to injure and
left the judges with no
option but to hand out a
jail term".
Fernando Cruz,
magistrate of the Sala
IV, explained that
owners of domestic
animals will no be
convicted on depending
on the "damages".
The court decision
assures that from now owners
of dogs and other
domestic animals that
attack third parties
will not face a jail
sentence.
The court decision also
assures that individuals
who were convicted under
article 229 bis can have
their case reviewed as
the decision is
retroactive. |
|
