Animal Welfare; Report of an Administrative Offense

An administrative offense is an unlawful and culpable act that meets the elements of a statute permitting punishment by a fine.

The elements of administrative offenses—that is, the descriptions of specific unlawful acts punishable by a fine—are also set forth in Section 18 of the Animal Welfare Act (TierSchG). According to this provision, for example, a person commits an administrative offense if, intentionally or through negligence,

• causes, without reasonable cause, significant pain, suffering, or harm to a vertebrate animal that they keep, care for, or are responsible for caring for,
• kills a vertebrate animal in violation of § 4(1) of the Animal Welfare Act (TierSchG),
• slaughters a warm-blooded animal in violation of § 4a(1) of the Animal Welfare Act,
• conducts experiments on vertebrates without the authorization required under § 8(1) TierSchG,
• imports a vertebrate without authorization pursuant to § 11a(4), first sentence, of the Animal Protection Act (TierSchG),
• breeds vertebrates or modifies them through biotechnological measures in violation of § 11b(1) of the Animal Protection Act (TierSchG), or
• sells a vertebrate to children or adolescents under the age of 16 in violation of § 11c of the Animal Welfare Act (TierSchG).

Administrative offenses may be reported to the (Central) Fines Office of the District Administrative Authority by the police, a unit of the District Administrative Authority, another government agency, a municipality, or a member of the public.

The District Administrative Authority reviews 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 parties involved, interviewing witnesses) are initiated. If an administrative offense is proven and is deemed serious enough to warrant punishment, the District Administrative Authority issues a fine notice to the person concerned, specifying the amount of the fine and the costs of the proceedings.

The administrative offense may be punishable by 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 animal cruelty and the corresponding penalty are set forth in § 17 of the Animal Welfare Act. A person who  

• kills a vertebrate animal without reasonable cause or
• causes a vertebrate animal    
  • out of cruelty causes significant pain or suffering or   
  • causes prolonged or repeated significant pain or suffering to a vertebrate animal.