The dog was supposed to help the child with ADHD. The drunk uncle threw the animal out onto the balcony. The verdict has been made

The court also ordered a 10-year ban on possession of any animals by the convict and 10,000 zlotys to the Nobody for Animals Foundation, which rescued the dog and found it a new home. The dog survived the fall despite being close to death, and after treatment it passed on to new owners.

The accident occurred in December last year. People who found and cared for a badly injured animal in front of the building reported it to the police. Everything indicated that the puppy, a two-month-old mixed breed, had been kicked out of the apartment on the fourth floor of the building where it was found.

Police identified a 48-year-old man as the perpetrator. At the time of his arrest, he was drunk, and had more than 2.5 per mile of alcohol in his system. He explained to the police that he did not want the dog and had nothing to do with it, so he threw it over the balcony. The police also determined that the man had abused the animal and kept it on the balcony.

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The charge against the man is of mistreating an animal with particular cruelty, which carries a penalty of up to five years in prison. In the investigation and before the court, the 48-year-old admitted that he regretted what he had done.

The dog was not his, but belonged to the family of the defendant’s brother, with whom the man was living in Bialystok. When he threw the puppy onto the porch, he was home alone; He said he takes care of him from time to time when the family is away. He explained in the investigation: “I threw him over the balcony because he was barking and I was drunk.”

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On Friday (May 26), the trial in this case before the Białystok District Court ended, the parties made closing arguments and a non-final ruling was issued. The prosecutor’s office wanted a three-year prison sentence, also considering that the 48-year-old is a repeat offender (punished for theft), a 10-year ban on owning animals and 10,000 PLN in compensation. The defense argued that there was no abuse, the event was a single occurrence, the defendant admitted, and also wanted to pay for the animal’s treatment. The lawyer demanded five months’ imprisonment. The accused himself requested the court to issue a reduced sentence.

“An animal as a living being, capable of suffering, is not a thing, and a person owes it respect, protection and care” – emphasized Judge Marek Remaski in the verbal justification of the ruling, referring to the provisions of the Animal Protection Act in force since 1997. He also stated that under these regulations, abuse is considered It is a crime to inflict pain and suffering on animals.

“We could expect an adult to imagine that dropping a pet from the fourth floor would lead to its death, and here only a happy coincidence led to the fact that this dog survived the fall. He was treated worse than rubbish (…). It is difficult to assess in ordinary words It was behavior. It was certainly behavior with particular cruelty, ”said Judge Remarsky.

He explained that any premeditated action aimed at inflicting pain and suffering was an act of particular cruelty. The judge said that the defendant “abused the puppy for a long time and then threw it off the balcony to its death.” He noted that this is not the first case in which the 48-year-old has acted brutally with violence (he was penalized for theft and was serving time for it).

“It is good for the accused to declare his remorse for what he has done, it is a pity that only now, when he was deprived of liberty and brought before the court. It is a pity that he did not think before that no creature deserves the fate offered by an animal, ”added Judge Rymarski.

The perpetrator was facing five years in prison. The court estimated that two years’ imprisonment would be an appropriate punishment, subject to recidivism and acting particularly cruel.

Since his arrest in December 2022, the 48-year-old has been in pre-trial detention. On Friday, the court granted his request to be released, taking into account, among other things: the fact that the man had health problems and wanted to undergo surgery. It is not known at this time if either party will appeal.