Animal welfare; notification of an administrative offense

An administrative offence is an unlawful and reproachable act that constitutes an offence under a law that permits the imposition of a fine.

Administrative offenses, i.e. the descriptions of certain unlawful acts that are punishable by a fine, can also be found in Section 18 of the Animal Welfare Act (TierSchG). This states, for example, that it is an offense to intentionally or negligently

• causes considerable pain, suffering or damage to a vertebrate animal that he keeps, cares for or is required to care for without reasonable cause,
• kills a vertebrate animal contrary to § 4 Para. 1 TierSchG,
• slaughters a warm-blooded animal contrary to § 4a Para. 1 TierSchG,
• carries out experiments on vertebrates without the required permit in accordance with § 8 Para. 1 TierSchG,
• imports a vertebrate animal without a permit in accordance with § 11a Para. 4 Sentence 1 TierSchG,
• breeds vertebrates contrary to § 11b Para. 1 TierSchG or modifies them through biotechnical measures or
• gives a vertebrate animal to children or adolescents up to the age of 16 in contravention of Section 11c TierSchG.

Administrative offences can be reported by the police, an organizational unit of the district administrative authority, another authority, a municipality or by a citizen to the (central) fines office of the district administrative authority.

The district administrative authority examines the facts of the case and the legal situation to determine whether there is reasonable suspicion of an administrative offense and whether fine proceedings should be initiated or continued. If necessary, further investigations (e.g. hearing the persons concerned, interviewing witnesses) are initiated. If an administrative offense is proven and is punishable according to its significance, the district administrative authority issues a fine notice to the person concerned and sets the fine and the costs of the proceedings.

The administrative offense can be punished with a fine of up to 25,000 euros.

Criminal offense

In addition to administrative offenses, the Animal Welfare Act also distinguishes between criminal offenses. The criminal offense of cruelty to animals and the corresponding penalty are set out in Section 17 of the Animal Welfare Act. A custodial sentence of up to three years or a fine is imposed on anyone who

• kills a vertebrate animal without reasonable cause or
• causes a vertebrate animal
  • inflicts considerable pain or suffering or
  • causes prolonged or repeated severe pain or suffering.