Criminal liability in animal welfare : a comparative and critical analysis

Abstract

With the emergence of animal welfare law in Malta, several questions are posed: why does criminal liability ensue in harming an animal? What role did the animal play in the past in our society and has this changed today? Is its importance validated by law? If recognised by law, do the Courts place the same standards as the law demands? How does Malta fair in relation to a European and international context? Whereas animal welfare law has been promulgated, current jurisprudence does not correspond to it. This dissertation aims at answering all these questions, focusing solely on companion animals, whilst discussing new scenarios in animal welfare that, as yet, have not been tackled. It incorporates both the theroetical and the practical aspect. The first chapters deal with the philosophy beind the concept of criminal liability in animal welfare law, the new phenomenon portrayed by exotic species and a historical look at status of the animal within society prior to 1950. Later chapters provide a comparative analysis between local and foreign criminal procedure undertaken, as well as an in-depth look at the process of arraignment in Malta which includes the Animal Welfare Department and the law courts. This work aims at providing a view of current animal welfare law on a global scale, whilst attempting to identify its progress, imperfections and the direction in which it is heading.