Tuesday 07 October 2008, San José, Costa
Rica
US Crisis Affects
Central America
Guatemala Municipality
under Prevention
Venezuela Asks PARLATINO
for Extradition
Peru Braces for
New Protests
Brazil, Argentina Start
Bilateral Transaction
With Local Currencies
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Jail For Owners of
Vicious Dogs Is
Unconstitutional
The Constitutional Court
or Sala IV has ruled
that the law jailing the
owner of a vicious dog
who attacks a third
party is
unconstitutional, in
effect repealing article
130 of the Código Penal
(Penal Code) that called
for jail time of between
15 days and three
months.
The Constitutional Court
said the article must be
declared
unconstitutional because
the legislation does not
specifically determine
what is "having a
dangerous animal without
conditions to ensure the
safety of the people"
and "unleashing a
dangerous animal with
intent".
The Sala IV decision
followed the
consultation by a judge
of the Tribunal Penal
del Primero Circuito
Judicial de San José who
considered that the
legislation did not
comply with its duty to
describe appropriately
the behaviour considered
detrimental.
The Sala IV decision was
based on the legislation
does not specify what
should be the ideal
conditions for keeping
such animals, something
the consulting judge
considered could be open
to ambiguity and
misinterpretation. |
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