Det svenska djurskyddet - En förvaltningsrättslig och straffrättslig produkt

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska fakulteten; Lunds universitet/Juridiska institutionen

Sammanfattning: The Swedish regulation of animal welfare is based on two parallel systems, administrative law and penal law. Both systems are unique and contributes to the possibility of correctly applying law and regulations. Through legislative work and regulations by authorities, animal welfare is today mainly regulated by two legislations, The Animal Protection Act and Penal Code. The Animal Protection Act has regulations for the animal owner to obey, but also regulations of penal law that can make way for the animal cruelty crime in Penal Code. Through the years, harming animals have gone from arousing general annoyance to animals being protected, respected, and treated on the basis of their self-worth. Administrative law enables compliance with animal welfare using legislation to create regulations, and by public control through inspections. With the use of animal inspections, it is possible to reveal deficiencies that otherwise would not be seen because of the animal’s inability to speak up. In the event of violations, the authority may impose sanctions on the individual to maintain the good animal welfare that The Animal Protection Act stipulates. When it comes to penal law an independent trial is held in court to assess whether or not the crime has been committed. Crimes against animals rarely lead to imprisonment, which can be justified by the penalty assessment. When animals are victims of crime, there is a lack of ability to testify or being a plaintiff, which highlights the importance of evidence in cases concerning animals. Both systems are needed, animal inspection and detailed regulations enable fast action, while serious crimes need to undergo judicial review and given appropriate penalty. Together, the systems enable a varied and well-developed ability for protecting animals. An ability affected by resources, competence, the balance of interests and an understanding that legally correct is not necessarily the same as what should be considered right.

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