FORFEITURE OF AN ANIMAL THAT HAS BEEN THE VICTIM OF ABUSE WITH PARTICULAR REFERENCE TO THE CASE OF DISCONTINUANCE AND CONDITIONAL DISCONTINUANCE OF CRIMINAL PROCEEDINGS

Abstract

The forfeiture of an animal is a specific measure regulated by the Act of 21 August 1997 on the Protection of Animals. The rules for imposing the forfeiture of an animal are not questionable in the case of convictions for the offence of animal abuse. The adjudication of forfeiture is obligatory in such a situation. However, the legitimacy and legal basis for imposing forfeiture of an animal in cases of conditional discontinuance or discontinuance of criminal proceedings requires consideration. The authors believe that under current legislation, the courts can make use of this legal instrument. The analysis conducted in this article reveals that the legal basis for adjudicating the forfeiture of an animal in cases of conditional discontinuance or discontinuance of criminal proceedings is Article 45a of the Act of 6 June 1997 – Penal Code.