The Supreme Court orders humanitarian treatment of the carp

On 13th December, 2016 The Supreme Court has given a judgment concerning three people who in 2010 sold alive carps in plastic bags without water.

According to the court ruling, provisions of Act on the Protection of Animals from 19th April, 2013 (Journal of Laws of 2013 r. item. 856.), were violated (article 35 section 1a in connection with article 6 section 2). The Supreme Court noted that fish are vertebrates therefore they are protected under the Act on the Protection of Animals on the same footing as other vertebrate animals and require humanitarian treatment which should be understood as treatment taking into account the animal’s needs.

As mentioned in the reasoning of the ruling: “There is no doubt that the natural environment of a fish is the aquatic environment, therefore fish shall be transported and kept only in aquatic environment. Transporting and keeping fish in containers without water or in plastic bags is not a humanitarian treatment and may constitute crime of mistreatment”.

The sentenceof the Supreme Court of 13 December 2016 in the case ref. II KK 281/16

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