Consequences of performing testing on animals without a permit


wtorek, 16 sierpnia 2016

We wish to remind you of the consequences of performing testing on animals without a permit by the appropriate ethics in science committee. Pursuant to the act that had been in force until 2015, instances of proceeding without a permit would be treated as a misdemeanour, whereas pursuant to the act of 26 February 2015 this shall constitute an offence.

Pursuant to the text of article 66 of the act of 26 February 2015 on protecting animals used for scientific or educational purposes (Journal of Laws of 2015, item 266):

 1. They who, on account of conducting activity involving the use of animals for scientific or educational purposes:

  1. expose animals to unnecessary pain, suffering, distress or lasting harm to their bodies,
  2. use animals in procedures that constitute an experiment, having failed to secure a permit to use them, shall be subject to a fine, community sentence or term of imprisonment of up to 2 years.

2. They who in the cases referred to in 66(1.) cause the death of an animal, shall be subject to term of imprisonment of up to 3 years.

In addition, a note should be taken of the statutory regulations of the dates when the act in question enters into force. Pursuant to the text of article 78(1.) of the aforementioned act:

1. Experiments authorised by permit before the date of entry into force of the hereby act shall be carried out pursuant to the former regulations, albeit no later than 1 January 2018.

Whereas, pursuant to article 79 of the aforementioned act:

1. To proceedings regarding the issuance of a permit to carry out a test, ongoing before the date of entry into force of the hereby act, the former regulations shall apply.

2. Experiments authorised by permit in the proceedings referred to in 79(1.) shall be carried out pursuant to the former regulations, albeit no later than 1 January 2018.

Pursuant to article 84, the law in question was entered into force after 3 months since its publication, i.e. on 27 May 2015.

The aforementioned offences shall be persecuted ex officio, and pursuant to article 304 § 2 of the act of 6 June 1997 – The Code of Penal Procedure (Journal of Laws no 89, item 555): State and local government institutions who, in relation to their activities, find out that an offence prosecuted ex officio has been committed, are obliged to immediately notify the public prosecutor or the Police and to take the necessary measures by the time of arrival of the competent law enforcement authority or by the time the said authority has issued an appropriate order, so as to prevent removing evidence of the offence.

In light of the above, it shall be understood that in the event of finding out that the offence referred to in article 66(1) of the act of 26 February 2015 on protecting animals used for scientific or educational purposes has been committed, the Centre is obliged to notify the relevant law enforcement authority.