Animal confiscation due to cruelty

The article analyzes the legislation of animal confiscation and its implementation issues. Official statistics of criminal and administrative cases and facts of cruelty to animals published by the media and animal welfare organizations shows that cruelty to animals and their confiscation is a relevant issue in Lithuania. The article also presents the analysis of the situations in which the confiscation of an animal is applied and the existing legal regulation of animal confiscation. Furthermore, by analyzing the judicial practice, opinions of animal welfare organizations and other institutions’ representatives and prominent events that received a lot of media attention, the problems that are encountered in animal confiscation practice are explored. As a sanction, the confiscation of animals can be used in both administrative and criminal cases. The grounds on which the confiscation of an animal may be applied are the legal ones provided for in the Code of Administrative Offenses of the Republic of Lithuania and the Criminal Code of the Republic of Lithuania. According to the provisions of the Code of Administrative Offenses, the confiscation of an animal must be mandatory in some cases and optional in other cases. The reason for the mandatory confiscation of the animal, in particular the cruel treatment or torture of the animal, as well as the illegal import, breeding, use, trade or other transfer of fighting dogs, crossbreeds, dangerous crossbreeds to the Republic of Lithuania. If an offense provided for in Article 310 of the Criminal Code of the Republic of Lithuania is committed, the court may order the confiscation of property and, in this case, the confiscation of the animal