Criminal law protection of animals in light of EU directive 2024/1203
This paper examines the alignment of the Republic of Serbia's criminal legislation with EU Environmental Crime Directive 2024/1203. Although the Directive does not specifically address animal protection, several criminal offenses EU member states are required to enforce directly involve the pro...
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| Format: | Article |
| Language: | English |
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Bar Association of Vojvodina, Novi Sad
2024-01-01
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| Series: | Glasnik Advokatske komore Vojvodine |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2024/0017-09332404132B.pdf |
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| _version_ | 1850225219424223232 |
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| author | Bajović Vanja |
| author_facet | Bajović Vanja |
| author_sort | Bajović Vanja |
| collection | DOAJ |
| description | This paper examines the alignment of the Republic of Serbia's criminal legislation with EU Environmental Crime Directive 2024/1203. Although the Directive does not specifically address animal protection, several criminal offenses EU member states are required to enforce directly involve the protection of wild animal species. Member states are thus required to impose strict penalties for actions such as killing, destroying, possessing, buying, selling, offering for sale, importing, exporting, or unlawfully trading these species or their derivatives. In the Criminal Code of the Republic of Serbia, these actions can be classified under various criminal offenses and misdemeanors, often aimed at primarily safeguarding the economy, market, customs system, and similar interests rather than nature itself. Based on the premise that the current legal framework is insufficient to provide animals with adequate protection, the paper analyzes existing criminal provisions related to animal protection and assesses their alignment with the Directive. The paper also addresses several controversial theoretical questions, such as whether animals can even be recognized as subjects of criminal law protection, whether they can be granted legal personhood, and whether it is appropriate to classify them as movable property or "goods" in the eyes of the law. Finally, it examines the problematic relationship between criminal offenses and misdemeanors in this area, where overlapping legal definitions pose a risk that initiating misdemeanor proceedings and imposing misdemeanor penalties could, in fact, shield offenders from criminal liability. |
| format | Article |
| id | doaj-art-3a7f2255180844cba295dfda8919079a |
| institution | OA Journals |
| issn | 0017-0933 2683-5967 |
| language | English |
| publishDate | 2024-01-01 |
| publisher | Bar Association of Vojvodina, Novi Sad |
| record_format | Article |
| series | Glasnik Advokatske komore Vojvodine |
| spelling | doaj-art-3a7f2255180844cba295dfda8919079a2025-08-20T02:05:25ZengBar Association of Vojvodina, Novi SadGlasnik Advokatske komore Vojvodine0017-09332683-59672024-01-019641104116010.5937/gakv96-574780017-09332404132BCriminal law protection of animals in light of EU directive 2024/1203Bajović Vanja0https://orcid.org/0000-0002-7781-725XUniverzitet u Beogradu, Pravni fakultet, Beograd, SerbiaThis paper examines the alignment of the Republic of Serbia's criminal legislation with EU Environmental Crime Directive 2024/1203. Although the Directive does not specifically address animal protection, several criminal offenses EU member states are required to enforce directly involve the protection of wild animal species. Member states are thus required to impose strict penalties for actions such as killing, destroying, possessing, buying, selling, offering for sale, importing, exporting, or unlawfully trading these species or their derivatives. In the Criminal Code of the Republic of Serbia, these actions can be classified under various criminal offenses and misdemeanors, often aimed at primarily safeguarding the economy, market, customs system, and similar interests rather than nature itself. Based on the premise that the current legal framework is insufficient to provide animals with adequate protection, the paper analyzes existing criminal provisions related to animal protection and assesses their alignment with the Directive. The paper also addresses several controversial theoretical questions, such as whether animals can even be recognized as subjects of criminal law protection, whether they can be granted legal personhood, and whether it is appropriate to classify them as movable property or "goods" in the eyes of the law. Finally, it examines the problematic relationship between criminal offenses and misdemeanors in this area, where overlapping legal definitions pose a risk that initiating misdemeanor proceedings and imposing misdemeanor penalties could, in fact, shield offenders from criminal liability.https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2024/0017-09332404132B.pdfwildlife crimeseu directive 2024/1203legal personhoodcriminal offensesmisdemeanors |
| spellingShingle | Bajović Vanja Criminal law protection of animals in light of EU directive 2024/1203 Glasnik Advokatske komore Vojvodine wildlife crimes eu directive 2024/1203 legal personhood criminal offenses misdemeanors |
| title | Criminal law protection of animals in light of EU directive 2024/1203 |
| title_full | Criminal law protection of animals in light of EU directive 2024/1203 |
| title_fullStr | Criminal law protection of animals in light of EU directive 2024/1203 |
| title_full_unstemmed | Criminal law protection of animals in light of EU directive 2024/1203 |
| title_short | Criminal law protection of animals in light of EU directive 2024/1203 |
| title_sort | criminal law protection of animals in light of eu directive 2024 1203 |
| topic | wildlife crimes eu directive 2024/1203 legal personhood criminal offenses misdemeanors |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2024/0017-09332404132B.pdf |
| work_keys_str_mv | AT bajovicvanja criminallawprotectionofanimalsinlightofeudirective20241203 |