Lecce, 23 September 2022, (Foggiasera.it) – From the studiocataldi.it website. With sentence of the Court of Lecce, II ^ Criminal Section, in monochrome composition, of 23 March 2022, the accused driver of the vehicle that hit the poor dog, was sentenced for the crime of killing animals, foreseen and punished by art. 544 bis of the Criminal Code, to the penalty of imprisonment of 2 years and compensation for damage in favor of the protectionist associations constituted as civil parties (Enpa, Environmental Protection and Impronta).
Thanks to the cameras present in the reference area and an accurate investigation, it was proved that the driver had deliberately hit a sleeping dog on a pitch in the town. During the investigation, a computer engineer was heard as a technical consultant who presented relative observations regarding the video, proving the actual dynamics of the facts from which the direct will of the offender to fully invest the animal emerged, so much so as to proceed, after the fact, with a reverse maneuver. No extenuating circumstances in the determination of the sentence.
In the aforementioned sentence, in the introduction, the importance of protecting animals is underlined as the Italian State is a member of the European Union which, on the basis of the EU Treaty itself, considers animals as sentient beings and not things and is a normative expression of tendency of a democratic state to pay particular attention to the protection of the defenseless, including animals.
It is not the first time that cases of this type have been dealt with in the judiciary.
In 2017, OIPA Italia Odv participated, as a civil party, in a criminal proceeding for the killing of a dog named “Spillo”, which occurred due to a road hit: also in this case, thanks to the presence of a camera at the crime scene, it has been proven that the driver of a refuse collection vehicle had intentionally “aimed” and hit an innocent dog.
The procedure at first instance was concluded with the sentence of the Criminal Court of Foggia, in monochrome composition, n. 2995/2017 filed on 02.01.2018, which became final, with a sentence of 6 months of imprisonment, suspended sentence, the compensation suffered by the OIPA civil party and the reimbursement of the related establishment costs.
OIPA recalls that crimes against animals are punished with too low penalties, representing these conducts a form of social danger: the sanctions must be tightened, so that they are a real deterrent against the mistreatment of defenseless beings.
We hope that the legislator will put his hand to the current regulatory system by preparing more severe penalties and new crime figures to protect animals, sentient beings, also in light of the protection provided for in the Constitutional Charter. (Foggiasera.it)