Thursday, 19 September 2013

Reporting Animal Cruelty

This is reproduced from here. 

PROCEDURE - Abuse of an act of cruelty
to an animal

Material provided by Mrs. Carmen Arsene - FNPAIA

For any facts found by the person concerned, whether a representative of an animal protection organization, after he acknowledges, directly or through intermediaries of committing an act that falls under Law 205/2004 on the protection of animals amended and supplemented Law 9/2008 , but not having a body authorized specialist research skills is the responsibility of law enforcement jointly make a criminal complaint in accordance with Article 222 of the Criminal Code, indicating the authors, describing the facts and consequences created by the action or lack notified, the seriousness of the example given to others to perpetuate such practices.

Given that the EU such acts have resonance in the press and are severely punished, and how Romania is an EU member country, we also have a law without coercion tools and a proper judicial practice. 
thus any criminal offense may be found by the police to act by calling 112 , by an inspector from the competent authority which must exist because otherwise the law does not support, or through a complaint with the Prosecutor's Office Court crime scene .

The complaint must include evidence, ie photographs, film or indicated witnesses attesting to the facts of an individual or injured animal state.

The deed must be framed in the legal text, article, letter, etc.. The appeal must be filed with the Office. 
single registration number is taken and how it aims to solve.

The act is called 112, the police and the best and correct solution one or two TV stations , perhaps a newspaper would have attracted good done in serial articles presenting organization, purpose, European practice and endeavor to respect the rights animals.

What to do

Complaint procedures for breach laws protecting animals, 205/2004, amended by Law 9/2008.
Basically, the steps are:

If you see someone hurt an animal (abandons him in the station, beating, keeps a chain of 40 cm, kills, etc, etc), find a witness, two and retain perpetrator place.
Call the police on the spot (by calling 112 or going to the nearest police station) to the data perpetrator, the witness and the complainant, given that you go in minutes. Everyone must sign the record and the applicant must receive a copy of the report from the police on the spot.
Make a written complaint (not oral!) the Sanitary Veterinary and Food Safety Authority (DSV) of the village (in Bucuresti, DSV is in the hospital courtyard Ilioara, sector 3 metro Nicolae Grigorescu) , which allow the secretariat and you receive a registration number. (Do not go there without receiving registration number!). In 30 working days must receive written response to it. Leave it the same complaint about the police and the nearest and take number.
Observations:

If you can not hold the perpetrator until the police come, try to get information about it: what, where sitting (you can watch)
It's very important to have at least one witness. Pray and others to be witnesses in the investigation!
Go with the law in hand to the nearest police headquarters and ask for her name to come onsite agent. If the police will not come on the basis that "we take care of people, not animals" show them the passage of the law which specifies that they respond to the implementation of mandatory cooperation with the police and the DSV. Most cops have not yet heard of this law.
Ask necessarily a record. Risk that without him (it written proof) cop "to lose somewhere perpetrator data" considered just as his offense is not serious (unless it hurt a man). We have occurred cases.
Proper investigation is done by the DSV with the police (DSV does not have competent criminal acts - cruelty) but only ill-treatment.
It's good to know the content of the law and your right to refer the complaint even items which would fit the case. (None of the DSV sometimes do not know the law. Though it appeared in 2004, there have been cases when doctors at DSV did not know it, yet acting on behalf of the Government Decision 1247/2003.
You can download here the Law 205/2004 on the protection of animals (pdf format itself - open any Adobe) and the Law 9/2008 pt. 205 law amendment (pdf format - get Adobe opens 6, print only the first part: pp. 1-4) . It is good to have in the house ever be the law at your fingertips
If you have cases of tortured animals (who were an eye out, they broke a paw, etc..), Go to a vet it to be investigated and to receive evidence confirming his part.
If you have an animal body supposedly poisoned, you must go immediately to the medical examination, where you get a medical certificate where the physician specify the cause of death.
Do not submit original documents (eg. Following medical expertise) but attach copies.
Cruelty to animals is punishable by a criminal fine (£ 1000-10000) or imprisonment (6 months - 3 years). 
despicable deeds not leave unpunished! Otherwise, these individuals will continue to hurt.

Model letter of complaint

Mr. Director ¹ / ² Commander,

The undersigned ...... domiciled in ....., identified by ID number ... No. ... Will I inform you that on ....... occurred following fact: the person .... did ..... (Give details if applicable). 
This act falls under art. ... (indicate "ill-treatment" / "animal cruelty", as applicable) of the animal protection law 205/2004 amended by Law 9/2008.

In accordance with art. ... the aforementioned law this offense is punishable by criminal fines / imprisonment, as appropriate).

Witnesses to this incident are persons: 
..... , Tel. .....

Please take immediate action to be taken. 
attached to this complaint and animal protection law, in which are highlighted by underlining items which would fit the offense.
Name, signature, e-mail, telephone 
Date

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