Why?

Reasons able to bring you here are numerous.

Know that:

• The Nouveau Code Pénal Français is applied since 1996 in Polynesia: Ordonnance 96.267 of the 28/03/96, published in 1996 in the JOPF (Journal Officiel de la Polynésie Française) N°16, page 613;
• Nobody would be able to defend you if you don't testify at the court behalf of you:
  Anonymous complains are strictly useless.
• An unpunished crime reinforce the criminal in its attitude.
  He will menace you again as for anyone else : Your complain defends you and the others ;
• You are - halas - not the first one ; The law had not been made fortuitously ;
• Even if the procedures seems boring to you, even if the punishment seems too weak for you,
  DO IT: The change is at that price,
  The law is the same for all, but there is to fight to make it respected ;
• Claim damages, not for what it pays you, but for what it costs to them.
• We will do our best to support you, but you have more weight than us at court, for now ;

Don't say that it will be useless, that everyone don't care. It is precisely by starting proceedings each time one of these odious acts happens that things will change.

It is true, animals are so often written off here that some policemen have forgotten there is a law protecting them. It is an excellent reason to defend yourself : If you don't begin proceedings, you take part to this resignation, you are then responsible of the general worsening, of the criminals oppression, you support them by your silence.

Some victims fear reprisals, but what can do worse these cowards appart from attacking your Pet?
They are cowards and won't dare to directly attack you or your childen : It is far too dangerous for them !

Know that some have already been sentenced for that in Polynesia.

The more there will be sentences, the more they will think before to commit these crimes.

How to begin proceedings?

You have to know the law on which to rely for your defence, if needed, contact us or consult a lawyer.

Justify your complain at best: Collect proofs and witnesses as far as you can BEFORE going to the Gendarmerie, but don't wait too much.

If what you collected at start seems too weak for you, GO ALL THE SAME: They will make an enquiry, they are there for that, and more professional than you.

Several articles in the 'Nouveau Code Pénal' (the law : Livre VI, Titre V) protect animals:

We will not offend you by giving texts here (they are quite off-putting).
As soon as they will be keyboarded, we will allow you to download it from here.

The highest the class is, the most it costs, without prejudging either of potential damages or prison sentences which may be added to fines.
Fines are increased twofold in case of second offence.

Know moreover that:

• Le The Procureur de la République (=Attorney General) is bound to institute proceedings against anyone having done breaches to the law stated by the Gendarmerie (Certified Statement and Report) on request of any citizen.
   
• Fenua Animalia can file a civil action to ask for damages, and we can do it at the Criminal Court in the aim to make criminals to be sentensed.

Thus, make a Report (Procès-Verbal), on your behalf, done by the Gendarmerie, then ask the Procureur de la République (le Parquet) to begin proceedings by filling a civil action and asking for damages.

As said above, we are yet too young to have your effectiveness. You have more weight than us.

To inspire you, here is a sample letter (in French, we may help you) to fill and to send to:

M. Le Procureur de la République - B.P. 101 - Papeete - Tahiti - (tel. 41 55 00) :

Letter

<Your name >
<Your address >

  OBJET : Plainte relative aux atteintes volontaires à la vie d'un animal.
  P.J. : Procès verbal de la Gendarmerie. <if you have the report>

  Monsieur le Procureur de la République,

  Le <day annd time of the facts> <number of> < dogs/cats > <m'appartenant / appartenant à M. ......>
  ont été sauvagement .................

  En application du Livre VI, Titre V, dans son article R 655-1 relatif aux atteintes volontaires à la vie d'un animal, je porte plainte contre les agissements de Monsieur ..........., énoncés ci-dessus, dont <je suis témoin / M. ........., M^me ......... est / sont témoin(s)> lequel a sans nécessité donné volontairement la mort à <cet animal/ces animaux>.

  Des infractions à la loi ont été commises, lesquelles sont incriminées et punies par une amende prévue pour les contraventions de 5^ème classe pour avoir commis ces sévices.

  En outre, je désire me porter partie civile, et demande des dommages et intérêts en réparation du préjudice subi.

  Dans l'attente des suites que vous entendrez donner à ma plainte, je me tiens à votre disposition pour de plus amples informations, et vous prie d'agréer, Monsieur le Procureur, l'expression de ma respectueuse considération.

<Your sign>
<Your first and last names>

Comment

Reminder: A complain MUST be supported by a Gendarmerie report stating the facts.

This is an example on the article 655-1 of the Nouveau Code Pénal, you may adapt it for the others.

If you find that too complicate for you, see a lawyer to help you, or contact us, but we shall only be able to give you general advices.

Dog Meat

This is not covered by the 'Nouveau Code Pénal', but by the order 1911 AAE of the 6 November 1959 which renders applicable the Délibération de l'Assemblée Territoriale N°59-60 of the 16 October 1959, published in the JOPF of the 30 November 1959.

This Polynesian law, besides it forbbides slaughter outside of devoted places, stipulate that (art. 47) :

"Can't be committed to consumption and seized and distroyed, in totality or partly, meats and by-products, either fresh or worked, when they are parasited, corrupted, repugnant and non alibiles."

and make clear (Art 48):

"A-Total seize of meat, offals, and by-products:
(...)
3°) pathological not specific states"
a) natural death, whichever is the cause;
b) accidental death (traumatical injuries, spontaneous haemmoragiae , quick strangulations or suffocations);
c) asphyxia, drowning, burying, fulguration;
(...)
III - Repugnant meats:
(...)
c) Animal meats not normally entering into human alimentation (dogs, etc...)

Incured sentences are those provided for the 5^th offence category as defined by the order 238 MI/AA of the 19 March 1958.

This law can't be clearer, even if those who pretend to have forgotten it are too numerous, including the 'someones' having positions where this kind of "forgetting" would not be tolerable. To join Fenua Animalia is the only present way to jog their memory.

It will be soon 50 years old, but it is still applied.

It is in question "since a while" to dust off this set and Territory official legal experts work (among others) to revise this system. In the meantime, we have to go on these texts: There is no other.

Next

Muster your patience and perseverance: Here, like elsewhere, Justice is slow, but it moves forward.

As soon as the date and time of your trial are known, inform us and the press :
A sentence or a scandal, must be shouted high and loud, it is the second stake of trials, to change things, to dissuade or to voice the outrage.

To surround a trial with silence, it is to let scourge eat our country.