Animal welfare; notification of an administrative offense

A misdemeanor is an unlawful and reproachable act, which realizes the facts of a law, which allows the punishment with a fine.

Ordnungswidrigkeitentatbestände, i.e. the descriptions of certain illegal acts, which are threatened with a fine, can also be found in § 18 Animal Protection Act (TierSchG). Afterwards e.g. acts disorderly, who deliberately or negligently

• substantial pain, suffering or damage to a vertebrate animal, which he keeps, cares for or has to care for, without reasonable cause inflicts,
• against § 4 para 1 TierSchG a vertebrate animal kills,
• against § 4a para 1 TierSchG a warm-blooded animal slaughters,
• experiments on vertebrates without the according to § 8 para. 1 TierSchG required permit,
• imports a vertebrate without permission according to § 11a para 4 sentence 1 TierSchG,
• vertebrates contrary to § 11b para 1 TierSchG breeds or modified by biotechnical measures or
• against § 11c TierSchG a vertebrate to children or adolescents up to the age of 16 years.

Order violations may be reported by the police, an organizational unit of the county administrative authority, another authority, a municipality or by a citizen's notification to the (Central) Fines Office of the county 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 of the persons concerned, questioning of witnesses) will be initiated. If a disorderly act is proven and this is to be punished according to its meaning, the district administrative authority issues a fine notice to the person concerned and sets the fine and the costs of the procedure in it.

The administrative offense may be punished by a fine of up to 25,000 euros.

Criminal offense

The Animal Protection Act distinguishes not only administrative offenses but also criminal offenses. The criminal offense of cruelty to animals and the corresponding penalty are specified in § 17 Animal Welfare Act. With imprisonment up to three years or with fine is punished, who

• kills a vertebrate animal without reasonable cause, or
• hurts a vertebrate animal
  • from crudeness inflicts substantial pain or suffering or
  • prolonged or repetitive substantial pain or suffering.
  .