Animal Law

Animal law is an expanding area of law that affects traditional areas of Italian law, such as criminal, tort, contract, employment, environmental, real property, constitutional and others. In other words, animal law intersects with many traditional practice areas. Examples of this connection include:

-          pets custody disputes in divorce or separations (download a brief guide in Italian language);

-          pets as family members;

-          injury to and from animals;

-          veterinary care and malpractice;

-          property issues (including custody and trusts and wills);

-          housing disputes involving “no pets” policies and discrimination laws;

-          damages cases involving the wrongful death or injury to a pet;

-          agricultural and food use of animals;

-          biomedical use of animals and animal experimentation;

-          entertainment use of animals;

-          national and international wildlife laws;

-          criminal law encompassing domestic violence and anti-cruelty laws.

Cruelty to animals, also called animal abuse, animal neglect or simply animal cruelty, is both the unintentional (animal neglect) and the intentional infliction by humans of suffering or harm upon any non-human animal, regardless of whether the act is against the law. Animal abuse takes many forms. Animals can be abused anywhere from homes to farms, from pet stores to circuses. In addition to dog fighting (see article 544 quinquies Criminal Code), animal abuse also includes:

-            neglecting an animal by locking it in a car during hot weather, or leaving it in other locations without food, water or shelter;

-            abandoning a pet, such as the owner no longer wants it or can no longer afford to care for it;

-            maliciously hurting, torturing, maiming or killing an animal;

-            failing to provide medical care to sick or injured animals you own.

Pet owners are obliged by law to register and earmark the animals for identification. Mistreatment and abandonment are considered as to be punishable offences.Specifically, killing an animal cruelly or unnecessarily (Article 544 bis Criminal Code), cruelly or unnecessarily causing injury to an animal or subjecting it to torture, behavior or overwork (Article 544 ter Criminal Code) and abandoning pets or animals which have altered their behavior through being in captivity (Article 727 Criminal Code) are prohibited. The Italian Criminal Code includes a range of possible punishments, including fines and imprisonment.

Since 2013, in Italy, the condominium rules cannot forbid anyone to have a companion animal at home (Article 1138 Civil Code).