Article 355
Individuals guilty of the following are punished by penal servitude:
“First: Willfully killing without purport a riding animal, a
carrying beast, a towing beast or any other type of livestock or
extensively harming any of them.”
“Second: Poisoning any of the above mentioned animals or any
kind of fish found in rivers, canals, swamps or ponds, would put the
individual under police observation for a period of no less than one
year and no more than two years.”
“Any individual attempting to commit any of the above
mentioned crimes at night will be sentenced to penal servitude for a
period of no more than 1 year, or will pay a fine that will not exceed
200 LE.”
Article 357
“Any individual who willfully kills or
poisons without purport a tame animal not mentioned in Article 355 or
does it any major harm shall be punished by a jail sentence that does
not exceed 6 months or by a fine that will not exceed 200 LE”
As
shown in Article 355 any individual who kills a riding animal, carrying
beast, a towing beast or livestock, will be punished by penal
servitude. Incarceration here is mandatory: the law does not give the
judge the option to consider a jail sentence or a monetary fine.
If an individual stands in court accused of this crime, the judge
has to sentence him in the manner stipulated by the Law, which is penal
servitude. The length of the sentence should not exceed three years,
and the prisoner would perform labor in prison in the manner the
government sees fit.
The legislator also stipulated a penalty for Attempt to commit a Crime and penalized it by penal servitude or a monetary fine.
“Attempt” is defined by Article 45 of the Penal Code as:
initiating an action with intent to commit a crime or a misdemeanor,
while the incompletion of the act or its failure are due to
circumstances beyond the will of the perpetrator, because curtailment
of the crime is due to the execution not being carried to conclusion by
being stopped or foiled.
Punishing an “Attempt” might discourage the perpetrator from committing a crime.
1937 When the Penal Code was adopted in 1937,
the legislator stipulated a rigorous and sterner punishment for this
crime, due to the fact that some farmers used to kill other people’s
animals out of revenge.
1982 The Penal Code was amended with the
addition of Article 357, which criminalized killing or harming
domesticated animals that were not mentioned in the previous Article
(domesticated means all domestic, non-wild animals, or animals that do
not harm human beings: this includes cats, dogs, cattle and the riding
animals mentioned in the previous Article).
Animal_Rights_Laws.pdf
