The offence of animal abuse is defined in the Act on the protection of animals under Article 35 para. 1a APA (basic type) and Article 35 para. 2 APA (aggravated type: killing and abuse of animals with extraordinary cruelty). The legislator understands animal abuse as inflicting or consciously allowing someone to inflict pain or suffering and lists the most typical instances of such conduct under Article 6 para. 1 APA. The crime under Article 35 para. 1a APA is a common offence that can be committed as both action and omission. It is an offence that is formal in nature. As far as the subjective aspect of it is concerned, both forms of intent can occur. The aggravated type of the offence referred to in Article 35 para. 2 APA can only be committed intentionally (direct intent) in both forms of an act (action and omission). The provisions of Article 35 paras. 1a and 2 are often in real typical concurrence with other provisions (e.g. Article 52(4) Act of 13 October 1995: Hunting law; Article 128(1) Act of 16 April 2004 on the protection of nature; Article 207 CC, Article 288 CC, and Article 202 §3 CC). It should be remembered that in accordance with Article 1 APA, “an animal, as a living creature able to feel pain, is not a thing”; however, dereification of animals has not resulted in their personification with a consequence of their empowerment and ability to obtain and possess rights.