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European Union - Farming - Directive for Protection of Animals |
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Excerpt Criminal Code of the State of Coahuila - Mexico |
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Excerpt Federal Criminal Code of Mexico |
This excerpt contains the provisions of the Federal Code of Mexico within "Crimes Against the Environment and Environmental Management." It contains a dedicated chapter to biodiversity, where it gives special protection to wildlife. It does not mention protection of domestic animals. However, it contains provisions prohibiting dog fighting (Article 419 Bis). According to Article 1, this code applies to federal crimes committed within the country. |
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EXPANSION OF THE FLORIDA ANIMAL ANTI-CRUELTY STATUTE TO BETTER SERVE ANIMALS |
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F. c/ Sieli Ricci, Mauricio Rafael s/ maltrato y crueldad animal |
"Poli" was a mutt dog that was tied to the bumper of a car by the defendant and dragged at high speed for several miles. Poli sustained severe injuries as a result of being dragged by the car. After the incident, the defendant untied her and left on the road to die. The defendant was found guilty of the crime of animal cruelty, under "ley 14.346." the judge held that this law "protects animals as subjects of rights, and the defendant's conduct was not against an object or a "thing," but rather against a subject deserving of protection." The defendant was sentenced to 6 months of suspended imprisonment for the crime of "animal mistreatment and cruelty." In addition, the judge ordered the defendant to provide food weekly for the animals in A.M.P.A.R.A (The ONG that filed the police report), with the purpose of giving the defendant the opportunity to learn firsthand that “all animals in general, and dogs, in particular, are sentient beings, that have feelings, suffer, cry, and that their right to live, freedom, and integrity has to be respected…” this, with the purpose to prevent the defendant from committing animal cruelty crimes in the future.
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Fabrikant v. French |
After multiple negative reports came in about the living conditions of her animals, an animal rescue organization seized many of the plaintiff-appellant's dogs; she was then charged with five counts of animal cruelty, but was later acquitted at a state trial. Subsequently, the plaintiff-appellant and her state trial attorney filed a federal civil rights suit against the animal organization and others. After losing at the district level, on the first appeal, and on remand from the first appeal, the plaintiff-appellant appealed the case for a second time. On this appeal, the Second Circuit held that though the animal organization was a state actor, it had qualified immunity, which protected it from the plaintiff-appellant’s charges. Additionally, the court held that investigator’s had probable cause to seize the dogs, which also defeated the plaintiff-appellant’s charges. The lower court’s decision was therefore affirmed, but for different reasons.
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Fallo lPP 149744/2022-0, Lola Limon, la puma - Argentina |
En este caso, miembros de la Agencia de Protección del Medio Ambiente de Argentina encontraron un cachorro de puma, “Lola Limón”, atado en el jardín de la casa del acusado. Se determinó que el acusado estaba en posesión del cachorro, y fue procesado por maltrato o actos de crueldad. El fiscal argumentó que Lola, al estar en buen estado de salud y bien cuidada, debía ser devuelta a la naturaleza. El tribunal sostuvo que la protección y conservación de Lola son de interés nacional, ya que forma parte de la fauna salvaje argentina. Lo más importante, sin embargo, es que el tribunal sostuvo que Lola, un puma, es sujeto de derechos y, por tanto, los sujetos no humanos son titulares de los derechos necesarios para su protección. A Lola se le concedió la libertad del acusado y fue liberada en un ecoparque dedicado a la conservación ecológica. |
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FAQ: Dogs Transported in Pickup Truck Beds |
This FAQ explores the few states that address dogs or other animals riding unsecured in the back of pickup trucks. |
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Farm Sanctuary, Inc. v. Department of Food & Agriculture |
Environmental group brought suit challenging regulation allowing ritual slaughter exception to statute requiring that animals be treated humanely. The Superior Courtupheld regulation and appeal was taken. The Court of Appeal, Masterson, J., held that: (1) group had standing to sue, and (2) regulation was valid.
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Ferguson v. Birchmount Boarding Kennels Ltd. |
In August 2002, plaintiffs’ dog escaped while being exercised at defendant-kennel’s boarding facility. Birchmount appeals from the judgment claiming the court applied the wrong standard of care, and that the court erred in law in awarding the plaintiffs damages for pain and suffering. The reviewing court found that the evidence would likely have led to the same conclusion regardless of whether a “bailment” standard was used. Further, this court was satisfied that the trial judge did not err in law or in fact in making findings and in awarding general damages where there was evidence that the plaintiffs experienced pain and suffering upon learning of the dog’s escape.
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