Probacja (Dec 2021)
GROUNDS FOR ANIMAL RESCUE PURSUANT TO ARTICLE 7(3) OF THE ANIMAL PROTECTION ACT OF 21 AUGUST 1997 IN REGARD TO THE INSTITUTION OF A COLLISION OF DUTIES UNDER ARTICLE 26 § 5 OF THE CRIMINAL CODE
Abstract
The article discusses the conditions for the emergency receipt of animal from the owner in accordance with Art. 7 sec. 3 of the Act of August 21, 1997 on the protection of animals and indicates the need to enrich them with the premises for excluding criminal liability under Art. 26 § 5 of the Penal Code. The main research problems of the study are the premises of the proper and legal emergency receipt of animal from the owner within the meaning of Art. 7 sec. 3 of the Act, including an indication of when such behaviour is legal and when it is illegal, and a detailed specification of the scope of responsibilities of the person who performs the collection of the animal towards the owner of the received animal. According to Art. 217 of the Code of Criminal Procedure in connection with Art. 220 of the Code of Criminal Procedure only law enforcement agencies, including the prosecutor, police officers and other bodies authorized by the law, may search the apartment / land. Authorized representatives of a social organization whose statutory purpose is to protect animals do not have this competence, therefore they are required to cooperate with police officers in the scope of searches. The article shows that in the event of the emergency receipt of animal from the owner in accordance with Art. 7 sec. 3 of the Act, in the absence of Police officers and with the opposition of the owner of the apartment / land, there is no violation of the legal interest of protection of the home if the perpetrator acts in accordance with the principle of subsidiarity and the principle of proportionality underlying Art. 26 § 5 of the Criminal Code.
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