The Court of Appeal of Porto (TRP) has acquitted a man convicted by the Ovar Court of throwing a bag of six kittens in the garbage, as the standard criminalizing animal cruelty is unconstitutional.
The verdict of the TRP, dated March 8 and consulted by Lusa this Friday, granted the defendant’s appeal and reversed the contested decision, acquitting him of the crime of assault for which he was convicted at first instance.
The case dates back to November 1, 2021, when the defendant found six newborn kittens in the backyard of his residence, in Ovar, in the Aveiro district.
According to the proven facts, the defendant took the puppies from the place, put them in a plastic bag and deposited them in the existing waste container near his home.
In November 2022, the court of Ovar sentenced the defendant for the crime of mistreatment of a companion animal to a fine of 100 days, at a daily rate of five euros, a total of 500 euros, after being acquitted of five crimes of mistreatment of companion animals.
Dissatisfied with the decision, the defendant appealed to the Porto Relation Court, which refused to apply the standard contained in Article 387 n.º 3 of the Penal Code, which punishes with a fine or imprisonment anyone who, without due cause , physical abuse of a companion animal, because it is unconstitutional.
“Since the dignity and welfare of animals is not enshrined in the constitution as a protected interest, we must conclude that the criminal provision for which the defendant has been convicted is unconstitutional and as such cannot be enforced by the courts,” refers to the judgment of the TRP.
Pet abuse has been a criminal offense since 2014 and several people have already been convicted in the first instance.
However, the Constitutional Court (TC) overturned these convictions because they lacked constitutional coverage.
Recently, the Public Prosecution Service together with the TC requested the unconstitutionality, with general mandatory force, of the standard criminalizing animal abuse. The request for unconstitutionality arises after three decisions by the TC on the matter.
Source: DN
