Animal mistreatment : penal responsibility in equine law

« We are forever responsible for those we have tamed » said the Fox to the Little Prince.
Since the law dated 10th July 1976 relative to the protection of nature, animals have been recognised as sentient beings. As a general rule it is forbidden to inflict any mistreatment to domestic animals or to those held in captivity.
The horse owner or guardian is bound to keep a horse in conditions which are compatible with the biological requirements of the species.

The infractions committed against animals fall into two categories :
•    Penal offence = serious abuse of a sexual nature, acts of cruelty and abandonment (see article 521-1 of the Penal Code);
•    Minor offences = volontary or involontary offence against the life of an animal, mistreatments (see article R654-1 of the Penal Code ).

The law

Articles 521-1, R653-1, R654-1, R655-1 of the Penal Code.
Articles L214-3, L215-11, R215-4 of the Rural Code.

• Article L214-3 of the rural code

« It is fobidden to inflict bad treatment on domestic animals as well as on tame wild animals or those held in captivity. Decrees established by the state Council determine the measures to ensure the protection of these animals against mistreatments or abusive use and to avoid them being exposed to suffering due to handling in different breeding, guardianship, transport and slaughter situations.The same applies to biological, medical and scientific experiments which should be restricted to those which are strictly necessary ».

• Article 521-1 of the Penal Code

« The fact of, publicly or not, inflicting serious harm, or of a sexual nature, or committing acts of cruelty towards domestic, tamed animals or those held in captivity, is punishable by two years imprisonment and 30 000€ fine. In the case of the owner of the animal being convicted, or when the owner is unknown, the court will decide on the animal’s fate, whether or not the animal is to be placed in care during the proceedings. The court can rule to confiscate the animal and place it with a foundation or  a non-profit organisation for the protection of animals, which is recognised as being of public interest, and which can then freely deal with the animal as it sees fit…. »

• Article R654-1 of the Penal Code

« Except for the case catered for by article 511-1, the fact of, without necessity, publicly or not, willfully inflicting mistreatment to a domestic or tame animal, or one held in captivity, is punishable with the fine for category 4 offences.If the owner of the animal is convicted or if the owner is unknown, the court may decide to place the animal in the hands of a charity for the protection of animals recognised as being of public interest, which can then freely deal with the animal as it sees fit... »

Implementing the laws

These laws punish deviant behaviour towards domestic and tame animals and those kept in captivity.

Withdrawing the horse from care

Whether the deviant behaviour is qualified as a criminal offence or a minor offence, the laws provide for the horse to be removed from the care of its owner or guardian and given over to a suitable charitable organisation for the protection of animals, who will then deal with the animal. This also implies transferring guardianship of the animal, as soon as the sentence is pronounced and regardless of appeal, but it is also a transfer of ownership. Withdrawal of the animal can take place at two moments :

• Before the judgement

When it is deemed urgent, or when the animal is in danger, withdrawal can intervene, following the provisions of article 99-1 of the Penal proceedure code, and guardianship transferred to a recognised animal protection organisation. The judge may also, following veterinary advice, order the sale or euthanasia of the animal.Withdrawing and the administrative placement of the animal can also be decided by the competent veterinary services (DDSV) of the area where the offence took place.

• After the judgement

The placement or withdrawal of the animal can be carried out in application of the sentence delivered according to the main and additional sentences pronounced.  Article 521-1 of the Penal Code assimilates abandoning an animal to serious harm or acts of cruelty. The difficulty for the courts resides in the interpretation of facts which can be qualified as « serious harm », « acts of cruelty » or mistreatments ». The material elements are therefore essential to qualify the offence.

Qualifying the facts

• The positive fact

This is a fact which is qualified as an act of willful cruelty, for example hobbling a horse to inflict useless or excessive suffering. Only a justifiable cause could exonerate the perpetrator. Acts of cruelty or inflicting serious harm are the results of violent behaviour on the part of the perpetrator who imposes uncalled for brutality to the animal.The attitude corresponding to willful aggression qualifies the act as an offence or crime.

• Omission or defaulting

Lack of proper care and/or upkeep of the horse through negligence or omission will lead to the facts being qualified as a minor offence and not a crime (punishment is more serious when it is a crime). When an owner abstains from feeding a horse it is often qualified as neglect and therefore mistreatment which constitutes a minor offence. Recently the tendancy is to qualify this mistreatment as abandonment, which is qualified as a criminal offence in the sense that it is considered as an act of cruelty.

Punishments

• The fine

This is the most frequent punishment pronounced to reprimand deviant behaviour towards an animal. The amount of the fine varies with the seriousness of the facts.

•  Prison sentences

When in presence of a minor offence, a prison sentence is excluded but can be pronounced for more serious criminal offences such as inflicting serious harm, acts of cruelty or abandonment. A two year prison sentence can be pronounced.