Post by account_disabled on Jan 18, 2024 11:23:29 GMT
The Provincial Court of Madrid has accepted the reasons for the appeal, reasoning that there was an error in the assessment of the evidence proving the commission of a minor crime of misappropriation. On the one hand, in the documentary evidence (the card) there is no identification or microchip number of the animal, likewise the vaccination dates included in the card are much earlier than those on the stickers of the batches of vaccines indicatively given to the animal. That is to say, there are irregularities in the documentary evidence that were not taken into account by the Court of first instance when passing sentence.
On the other hand, regarding the evaluation of the statements given in pl Whatsapp Number List enary, the judge only took into account the testimony of the plaintiff and did not give credibility to those of the accused party , who maintained that when they picked up the cat it had no owner, also had diseases typical of stray cats and did not have an ownership identification chip. A demonstration that was corroborated by the statements of other workers at CIPAR.
Finally, the Provincial Court has also argued that there is no evidence, neither in the investigation of the case nor in the plenary session, that determines that on the part of the accused nor on the part of the Center there was the profit motive required in the criminal type of the minor crime of misappropriation , so the reported facts do not constitute a crime of a property nature.
The Chamber has also taken into account to issue a ruling the reform of the Civil Code carried out by LO 17/2021 , whose preamble II states: “the nature of animals is different from the nature of things or goods.” In this way, animals are living beings endowed with sensitivity and partially subject to the legal regime of goods or things , to the extent that there are no rules specifically designed to regulate legal relationships in which animals may be involved. Therefore, the relationship between the person and the animal must be modulated by the quality of being endowed with sensitivity, so that the rights and powers over animals must be exercised taking into account the well-being and protection of the animal .
On the other hand, regarding the evaluation of the statements given in pl Whatsapp Number List enary, the judge only took into account the testimony of the plaintiff and did not give credibility to those of the accused party , who maintained that when they picked up the cat it had no owner, also had diseases typical of stray cats and did not have an ownership identification chip. A demonstration that was corroborated by the statements of other workers at CIPAR.
Finally, the Provincial Court has also argued that there is no evidence, neither in the investigation of the case nor in the plenary session, that determines that on the part of the accused nor on the part of the Center there was the profit motive required in the criminal type of the minor crime of misappropriation , so the reported facts do not constitute a crime of a property nature.
The Chamber has also taken into account to issue a ruling the reform of the Civil Code carried out by LO 17/2021 , whose preamble II states: “the nature of animals is different from the nature of things or goods.” In this way, animals are living beings endowed with sensitivity and partially subject to the legal regime of goods or things , to the extent that there are no rules specifically designed to regulate legal relationships in which animals may be involved. Therefore, the relationship between the person and the animal must be modulated by the quality of being endowed with sensitivity, so that the rights and powers over animals must be exercised taking into account the well-being and protection of the animal .