Abstract
Simple SummaryThe study examines the main legislative issues of providing a legal solution to the problem of illegal puppy mills in the post-communist context. These issues are demonstrated using the Czech Republic, a country that has become infamous for its illegal breeding establishments and subsequent export of puppies and kittens to other European countries, as an example. The country recently adopted tougher sentencing guidelines for animal abuse. The analysis identified three main obstacles to adopting tougher legislation: unwillingness to admit the gravity of the problem of animal abuse and deficient puppy mills; a conservative approach to legislation; inconsistencies caused by the Criminal Code amendment, especially violation of the ultima ratio principle. This was emphasised by a number of criminal law experts, who even warned that the Criminal Code amendment passed would not function in practice. The study demonstrates this on an analysis of criminal law experts’ positions and on the debates that took place in both chambers of the Czech parliament.This study seeks answers to questions regarding the kind of main legislative issues and obstacles there are in providing a legal solution to the problem of illegal puppy mills in the post-communist context, how criminal law experts opine about toughening the sentencing guidelines for animal abuse and deficient puppy mills, what kind of arguments have been formulated and how they have shaped the decision making by lawmakers, and how Czech politicians have argued in favour of or against toughening the sentencing guidelines for animal abuse. The Czech Republic was selected as a country of “flourishing” illegal breeding establishments and puppy exports to other European countries—a problem that has long required a solution. The introduction defines the concepts of animal abuse and puppy mills employed in the paper. Subsequently, the paper outlines existing laws as well as the amendments to toughen the sentencing guidelines. I use the example of debates among parliamentarians and legal experts on toughening the Czech Criminal Code and introducing longer prison terms to demonstrate some typical issues of the debates on tougher sentences for animal abuse in the post-communist region.
Highlights
Issues of animal abuse and the poor conditions in illegal breeding establishments for dogs, as well as other animals, can be studied from different perspectives: veterinary medicine, animal science, public health, psychology, sociology, political science or law [1]
This study focuses on issues of puppy mills and criminal law protections against animal abuse
The analysis focuses primarily on the positions of criminal law experts that influenced the subsequent debates in both parliamentary chambers
Summary
Issues of animal abuse and the poor conditions in illegal breeding establishments for dogs, as well as other animals, can be studied from different perspectives: veterinary medicine, animal science, public health, psychology, sociology, political science or law [1]. Legal and political perspectives dominate the present paper. No matter the viewpoint taken, these actions should be condemned by society as well as law. Humane treatment of nature and animals is one of the qualities of an advanced society [2]. This illegal business is especially “flourishing” in the context of post-communist countries. The Czech Republic, along with Slovakia and some other Eastern European countries, serves
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