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Supreme Court of Denmark

Illegal animal transport 

Case no. 313/2011
Judgement 24 August 2012

Case no. 313/2011
(2nd division)

 
The Public Prosecutor
vs.
T1 and T2 A/S

Both driver and haulier fined for illegal animal transport. No grounds for reducing fines, neither under the ne bis in idem principle nor due to long processing time

T1 had been fined as the driver of an illegal animal transport, and the haulier T2 A/S had been fined as the company responsible for the transport. Although T1 – besides being the driver of the illegal transport – is also the CEO and principal shareholder of T2 A/S, this could not justify a reduction of the fines. The Supreme Court held that the preventive nature of the Danish Animal Rights Act weighs against a reduction of the sentence for the driver or the company. This did not imply that the ne bis in idem principle etc. had not been followed.

The total processing time by the police and the prosecution had been a little less than one year and nine months, and the processing time by the courts in three instances had been a little more than two years. This did not amount to an infringement of article 6(1) of the European Human Rights Convention or justify a reduction of the fines under s. 82(13) and (14) of the Danish Penal Code.

The High Court had reached the same conclusion.  

 

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