Aspects of the delict of cruelty to animals

Abstract

The delict of cruelty to animals was built into the Hungarian Penal Code in 2004. The codifier regulated three base cases and a qualified case in this delict. The base cases are maltreatment (cruelty), abandonment, and poaching; the qualified case was causing unusual suffering to animals. In this paper these base and qualified cases are analysed. Since several problems have arisen in connection with the regulation, this study will attempt to discover whether a prohibition of cruelty to animals can be effectively implemented. The paper concludes that a special chapter should be inserted into the Hungarian Penal Code for the environmental delicts and that this chapter should contain the delict of cruelty to animals. Furthermore, the definition of cruelty to animals should be refined to include only maltreatment. Abandonment and poaching should be established as separate delicts. Language: Hungarian