06/26/15 Killing Three Animals by Throwing Them out of a Speeding Vehicle
MUNICIPAL STATE ATTORNEY'S OFFICE, SPLIT
Ivan Gundulic Street 29A
Zagreb, July 24, 2015
Subject: Killing three animals by throwing them out of a speeding vehicle
Dear Sir or Madam,
as an animal welfare and protection association, we would like to file a report against an individual whose identity is unknown to the public, but it is known to the competent Police department, regarding the event that took place on the July 9, 2015, on the high-speed road Solin-Klis in the direction of Dugopolje, when the driver of a passenger car of the make Honda, the model Civic, with the license plates ST 672 RN, owned by the car dealership "Autokuca Bosnic" from Zrnovnica, threw two kittens and a pup out of the speeding vehicle.
Although the investigation has allegedly shown that the driver did not deliberately participate in this event, but that the animals had been under the car's engine cover and they fell out on their own, statements, photographs and video recordings of the witnesses that have led the police to the perpetrator and that are in possession of the Police department who conducted the investigation are indisputable. One of the witnesses who was driving directly behind the perpetrator claims that he saw the perpetrator "stretch out his arm through the window" three times, throwing out an animal each time. If the licence plates are discernible from the video recording, then it is surely also evident what kind of actions were taking place. If the event in dispute had indeed been caused by negligence, the post on the Facebook profile of "Autokuca Bosnic" claiming that the car "had been rented" is quite debatable, since it is not completely clear if the perpetrator is an employee of "Autokuca Bosnic" or someone who gets to use the car, but it is evident they are trying to cover up the relationship with "Autokuca Bosnic". Furthermore, since it is obvious that a pup could not have hidden under the engine cover, the investigation has unexpectedly shown that the third animal was also a kitten.
According to the Articles 4 and 9 of the Animal Protection Act (Official Gazette 135/06, 37/13, 125/13), it is prohibited to kill animals, subject them to pain, suffering and injury, and intentionally expose them to fear. Moreover, according to the Article 48, the owners of companion animals must ensure the controlled reproduction of animals and they must take care of the offspring. Therefore, the Association demands the perpetrator to be punished and, based on the Article 64, other animals in the possession of the perpetrator to be taken away from them and put in an animal shelter, without the possibility of returning them to the owner, seeing that in this case it is not possible to fulfil the conditions of keeping them, considering the perpetrator's propensity for violence and cruelty.
Furthermore, according to the Violation of Public Order and Peace Act (Official Gazette 5/90, 30/90, 47/90, 29/94), violations are all the actions that illicitly disturb the peace and normal life of the citizens, that create distress, unease and perturbation or that impede the movement of the citizens in streets and public places, as well as those actions that threaten the general safety of people and property. According to the Article 30, abusing and mistreating animals shall be punished, and violations done deliberately and directly shall be punished with fines and imprisonment, as well as with protective measures, such as compulsory medical treatment.
According to the Article 35 of the Road Traffic Safety Act (Official Gazette 67/08, 48/10, 74/11, 80/13, 158/13, 92/14, 64/15), it is prohibited to dump on the road and roadside objects which may obstruct or endanger traffic safety. Therefore, the Association demands a check of the driver's physical and mental abilities, as well as the seizing of their driving licence because of them endangering traffic, which led to an imminent danger of a traffic accident, in accordance with the Article 197, which states that the driver of a vehicle in road traffic shall be physically and mentally fit to operate a vehicle.
According to the Articles 205, 215, 224 and 272 of the Criminal Code (Official Gazette 125/11, 144/12, 56/15, 61/15), a person who kills an animal without a justified reason, who abuses it, inflicts unnecessary pain on it or subjects it to unnecessary suffering, shall be punished by imprisonment for up to one year. Endangering traffic with a dangerous action is precisely a criminal offence against the general safety of people, property and traffic. Imprisonment for up to ten years and safety measures such as compulsory psychiatric and psychosocial treatment, as well as the prohibition of further participation in traffic are also provided for the perpetration of the said criminal offenses.
Although the event in dispute did not have tragic consequences for the participants in road traffic, the Association demands the imposition of an appropriate sentence to the perpetrator and the seizing of their driving licence. We would like to remind you that the purpose of punishment is also the expression of social disapproval for the committed act, which, besides influencing the perpetrator, also influences the awareness of the citizens with regard to the violation of the public order, social discipline and other social values, as well as the justness of punishing the perpetrators.
Therefore, we would like to ask you to take all the necessary actions in order to find out the facts of the case related to the perpetration of this act and to inform us about them.
Anamarija Helena Milardovic
Copy to: Ministry of Agriculture, Veterinary Inspectorate, Zrinsko - frankopanska 64, 21000 Split