Rifacendomi ad un articolo comparso il 18 giugno scorso sul quotidiano di informazione on line dei medici veterinari, ANMVI Oggi, più volte citato in tale blog, riporto in questo post le indicazioni fornite tramite apposita Circolare del Ministero del Lavoro, della Salute e delle Politiche Sociali del 3 aprile 2009 order to know how to act in cases unfortunately not so rare pet poisoning due to poisoned baits.
I had already talked about the new regulations governing the industry earlier this year, exactly on 8 January, is the 'order 12/18/2008 and subsequent 19/03/2009 change, but I think to do something useful and welcomed by readers interested in providing these additional references.
Let's see in detail what is this news: "The Ministry of Labour, Health and Welfare has issued a circular containing questions regarding the adaptation of authorizations for medical-surgical on the basis of Ministerial Ordinances issued December 18, 2008, and thereafter, 19 March 2009 on banning the use and possession of bait or poisoned bait.
The explanatory circular regulates the incorporation of 'bitter in the formulation of the product in question (or rodenticides for domestic and civil) and suggests the adoption of precautionary statements on the label. "
The section of the portal of the Ministry of Health has been updated also brings the fac-simile to the complaint, which I reproduce below: ACT OF COMPLAINT
At the Court of the Republic of .................. ................
(write the province of the municipality in which the poisoning occurred)
c / a Carabinieri Command Station .......
c / a Forest of .. ....................
c / a Provincial Police ..................
Subject: Complaint for poisoning animals
I, the undersigned (personal data, address, telephone number) states as follows.
On ...... locations in the City of ................ .................... noted:
(detailed exposition of the facts that we have witnessed. Please also provide any relevant information for the identification of those responsible: plates of cars, personal recognition, somatic description, etc.. And in the case of unknown payable act "against persons unknown", add every element in helping to describe how the action, for example . "poisoned bait left around", or "to put in place around food poisoning," any information that is designed to identify the activity and purpose the person responsible, etc.)..
This act constitutes in the opinion of the writer of the crime of killing an animal referred to in Article 544-bis (such as the Law of 20 July 2004, No. 189), and the offense under Article. CP 674 on the jet of dangerous things, or any other offense that believed SV recognize the facts described above and / or further investigation.
Article 544 bis of the Penal Code states that " Whoever, without cruelty, causes the death of an animal shall be punished with imprisonment from three months to eighteen months .
This article, introduced by Law 189 in 2004 to protect animals, punishes anyone who causes the death of an animal, cruelty or unnecessarily.
It is a crime in a free form or randomly oriented, centered on the verb cause and for which improvement is sufficient that the action put in place by suitable means to cause the death of the animal.
Act 189 of 2004, numbering in the concept of an animal belonging to any living animal without distinction between those kind of affection and those who are not, allows the application of the provision prohibiting the mistreatment of animals not only against our dear domestic companies, but also for the birds.
When dealing with pets in the application of Article 544 bis CP is an important and recent decision of the Court of Criminal Eagle March 29, 2007, which imposed the sentence two months' imprisonment to a senior veterinary asl for ordering the removal of nine for petty reasons puppies, and one of its officials, to have physically carried out the removal.
We read in the grounds of this important ruling that 'based on a systematic reading of Act 189 of 2004, the relationship between pets and their owners if any, it is now clear that there is no longer a relationship between object (the animal) and owner of a property right (the owner) emerging new requirements and sources of liability for employers, as, according to the Criminal Court of the Eagle, "with the new law takes note of the nature of being living animal in grado di percepire sofferenze anche non solo di carattere fisico in senso stretto e per cui il proprietario non ha più la totale disponibilità dell'animale, né può infliggergli gratuite sofferenze ne toglierli la vita senza valide giustificazioni ".
Inoltre, secondo l'art. 674 C.P. " chiunque getta o versa, in un luogo di pubblico transito o in un luogo privato ma di comune o di uso altrui, cose atte ad offendere le persone è punito con l'arresto fino ad un mese o con l'ammenda fino a € 206 ".
L'offesa recata alle persone può dunque consistere sia in una lesione fisica, si pensi all'eventualità che ad ingerire il veleno sia un bambino, sia in an organic lesion, such as the loss of your pet. Thus, the loss of the latter caused by the jet poisoned integrates standard concerned. In the same opinion the Court of Florence in its ruling of 28 November 2000 condemned art. Cp 674 (as well as art. 639 CP because it was another animal), a man for killing a German shepherd and a Doberman, and for attempting to kill a husky throwing poisoned. The court proceeded to sentence to fine and to pay damages to owners of dogs who are victims.
In this context, it is exposed to direct the present SV confident that those responsible they can be prosecuted.
When it was necessary for the prosecution, this document is intended to act lawsuit against those who will be responsible for the acts of crime, for which it expressly asks the criminal punishment according to law; Under Articles . CPP 406 and 408 are asked to be informed at the address indicated above on any requests for extensions of preliminary inquiries and requests for storage.
Attached:
a. Photos (indicate the number, content, and the date on which it was taken)
b. Video (indicate the contents and the date of return)
c. Veterinary medical records
Mention which informed people about the facts:
a) (full name)
b) (full name)
"The cases of poisoning must be documented and reported it to help overcome the problem of poisoning of animals.
To the complaint you can contact any police agency (City Police, Carabinieri, State Police, State Forestry, Guardia di Finanza, the Provincial Police), the person presenting its display or complaint (even against unknown) in writing. At the Court of the Republic of .................. ................
(write the province of the municipality in which the poisoning occurred)
c / a Carabinieri Command Station .......
c / a Forest of .. ....................
c / a Provincial Police ..................
Subject: Complaint for poisoning animals I, the undersigned (personal data, address, telephone number) states as follows.
On ...... locations in the City of ................ .................... noted:
(detailed exposition of the facts that we have witnessed. Please also provide any relevant information for the identification of those responsible: plates of cars, personal recognition, somatic description, etc.. And in the case of unknown payable act "against persons unknown", add every element in helping to describe how the action, for example . "poisoned bait left around", or "to put in place around food poisoning," any information that is designed to identify the activity and purpose the person responsible, etc.)..
This act constitutes in the opinion of the writer of the crime of killing an animal referred to in Article 544-bis (such as the Law of 20 July 2004, No. 189), and the offense under Article. CP 674 on the jet of dangerous things, or any other offense that believed SV recognize the facts described above and / or further investigation.
Article 544 bis of the Penal Code states that " Whoever, without cruelty, causes the death of an animal shall be punished with imprisonment from three months to eighteen months . This article, introduced by Law 189 in 2004 to protect animals, punishes anyone who causes the death of an animal, cruelty or unnecessarily.
Act 189 of 2004, numbering in the concept of an animal belonging to any living animal without distinction between those kind of affection and those who are not, allows the application of the provision prohibiting the mistreatment of animals not only against our dear domestic companies, but also for the birds.
When dealing with pets in the application of Article 544 bis CP is an important and recent decision of the Court of Criminal Eagle March 29, 2007, which imposed the sentence two months' imprisonment to a senior veterinary asl for ordering the removal of nine for petty reasons puppies, and one of its officials, to have physically carried out the removal.
We read in the grounds of this important ruling that 'based on a systematic reading of Act 189 of 2004, the relationship between pets and their owners if any, it is now clear that there is no longer a relationship between object (the animal) and owner of a property right (the owner) emerging new requirements and sources of liability for employers, as, according to the Criminal Court of the Eagle, "with the new law takes note of the nature of being living animal in grado di percepire sofferenze anche non solo di carattere fisico in senso stretto e per cui il proprietario non ha più la totale disponibilità dell'animale, né può infliggergli gratuite sofferenze ne toglierli la vita senza valide giustificazioni ". Inoltre, secondo l'art. 674 C.P. " chiunque getta o versa, in un luogo di pubblico transito o in un luogo privato ma di comune o di uso altrui, cose atte ad offendere le persone è punito con l'arresto fino ad un mese o con l'ammenda fino a € 206 ".
L'offesa recata alle persone può dunque consistere sia in una lesione fisica, si pensi all'eventualità che ad ingerire il veleno sia un bambino, sia in an organic lesion, such as the loss of your pet. Thus, the loss of the latter caused by the jet poisoned integrates standard concerned. In the same opinion the Court of Florence in its ruling of 28 November 2000 condemned art. Cp 674 (as well as art. 639 CP because it was another animal), a man for killing a German shepherd and a Doberman, and for attempting to kill a husky throwing poisoned. The court proceeded to sentence to fine and to pay damages to owners of dogs who are victims.
In this context, it is exposed to direct the present SV confident that those responsible they can be prosecuted. When it was necessary for the prosecution, this document is intended to act lawsuit against those who will be responsible for the acts of crime, for which it expressly asks the criminal punishment according to law; Under Articles . CPP 406 and 408 are asked to be informed at the address indicated above on any requests for extensions of preliminary inquiries and requests for storage.
Attached: a. Photos (indicate the number, content, and the date on which it was taken)
b. Video (indicate the contents and the date of return)
c. Veterinary medical records
Mention which informed people about the facts:
a) (full name)
b) (full name)
Thanks.
Place, Date Signature
( to be affixed at the time of deposit of )
Place, Date Signature
( to be affixed at the time of deposit of )
"The cases of poisoning must be documented and reported it to help overcome the problem of poisoning of animals.
The reference standards are contained in the Ministerial Orders 18 December 2008 and March 19, 2009. The Order of March 19 contains amendments relating to the role and obligations of a professional veterinarian made up by the Ministry 's proposal ANMVI (Italian National Association of Veterinary Surgeons).