Question 16816 — animals

Summary

Mr. Philippe Fait draws the attention of the Keeper of the Seals, Minister of Justice, to the necessity and opportunity of creating a national file of perpetrators of offenses against animals (FNAIA). File including both perpetrators of offenses against animals, sentenced or not to a ban on detention. Indeed, although the law of November 30, 2021 aimed at combating animal abuse and strengthening links between animals and men gives magistrates the possibility of pronouncing a ban, temporary or permanent, on keeping an animal, it must be noted that the effectiveness of the control of this sentence - when it is pronounced - still remains unsatisfactory in practice. The MP has noted the current refusal of the Chancellery to create the aforementioned file. However, such a creation proves necessary and appropriate given the limits arising from current law for the following reasons. First of all, by the very nature of the sentence. The ban on keeping an animal is an additional penalty, the pronouncement of which is not obligatory, many perpetrators of abuse can therefore escape this sanction and obtain an animal without being the subject of particular attention from the authorities. Furthermore, the Chancellery recognizes that “the execution of this sanction remains subordinate to the will of the convicted person” and relies on the dissuasive effect of the penalties incurred in the event of violation of this ban to guarantee its compliance. Finally, the ministry also puts forward the argument according to which the steering committees for the fight against animal abuse within which the stakeholders report "situations requiring particular monitoring and draw attention to people likely to keep animals in violation of a ban” make it possible to ensure effective control. If the said committees are useful for many subjects, animal protection associations, on the other hand, express serious reservations about their effectiveness in terms of controlling people affected by the ban on keeping an animal. The MP thus considers that the effectiveness execution and control are, as they stand, not guaranteed. Furthermore, this sanction being registered in the criminal record of the author and appearing in several judicial files such as that of the wanted persons, its control is therefore complex and restricted only to the people authorized to consult them, namely the officers of the judicial police or the gendarmerie. However, the latter are still too little aware of the use of this tool and are not in direct contact with the convicted person who would like to acquire a pet. In addition, this scattered mention in various files complicates the work of the authorities by making the information sought less readable. Also, a single and independent file would make it possible to overcome this difficulty. Last but not least, shelters, veterinarians, pet stores and breeders being, in fact, the first contacts of the person wishing to acquire an animal or having already acquired it, they are the best able to check whether this person has the right and, if necessary, to refuse the adoption or purchase of it and to notify the authorities. Also and in view of the above, he would like to know if the Government is now ready to create an FNAIA accessible to animal protection associations, veterinarians, pet stores and breeders, on the same model as what was done for people banned from stadiums, whose identities are transmitted to clubs and sports federations.

Machine translation from French. The official text remains authoritative.

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