Relevant Legal Provision

Animal Protection Act, Article 7：The owner shall prevent the animal they keep from unjustifiably infringing upon the life, body, freedom, or property of others.

Criminal Code, Article 284：A person who negligently causes injury to another shall be sentenced to imprisonment of not more than one year, detention, or a fine of not more than NT$100,000; if serious injury is caused, the penalty shall be imprisonment of not more than three years, detention, or a fine of not more than NT$300,000.

Facts and Reasons

The defendant kept one black dog and merely tied the dog to a tree trunk with an iron chain exceeding five meters in length, and failed to equip the dog with a breathable muzzle that would not affect heat dissipation. As a result, when the complainant's minor child (the firm's client) was walking alone past the area, the child was bitten by the dog, causing injuries including a full-thickness eyelid laceration and canalicular tear. The child's mother subsequently filed a complaint.

Prosecutor's Disposition

The investigation into the defendant for negligent injury has been concluded, and the prosecutor determined that public prosecution should be initiated.

An owner is obligated to prevent animals under their care from unjustifiably harming the life, body, freedom, or property of others and must adopt appropriate protective measures. Under the circumstances, there was no situation making it impossible to exercise due care; however, the defendant failed to exercise such care and did not take appropriate protective measures, resulting in the victim suffering the aforementioned injuries. The causal relationship between the defendant’s negligence and the victim’s injuries is clear. Accordingly, the defendant is suspected of committing the offense of negligent injury.

(Some details of the case have been adjusted or omitted to protect the parties' rights.)