Criminal defense for Animal Welfare Offences in Bonn

In brief: Killing a vertebrate without good reason, or inflicting significant pain out of brutality or over a prolonged period. The sentencing range is Up to 3 years imprisonment or a fine (§ 17 TierSchG). What matters is the evidence – we assess it after obtaining the case file.

Legal Basis

§ 17 TierSchG

Sentencing Range

Up to 3 years imprisonment or a fine

Summary

Killing a vertebrate without good reason, or inflicting significant pain out of brutality or over a prolonged period.

Section 17 of the Animal Welfare Act contains two variants, and both are narrower than public debate suggests. It is an offence to kill a vertebrate without good reason, or to inflict significant pain or suffering on a vertebrate out of brutality, or to cause prolonged or repeated significant pain or suffering. Up to three years of imprisonment or a fine.

The elements that decide cases

For killing, it is the good reason. That covers the slaughter of farm animals as well as euthanasia of a sick animal, killing in situations of danger, and acts permitted under hunting law. The assessment is a balancing exercise, and it can be challenged, because the complaint usually describes only the outcome.

In the second variant the hurdles lie in brutality, meaning a callous attitude, and in the significance of the pain. Neglect arising from being overwhelmed is not brutality. It may fall under the second alternative where the pain is prolonged, but that then requires proof of duration, and for that an expert opinion is needed rather than photographs.

Where the cases come from

Three sources. Complaints by animal welfare associations or neighbours, usually concerning dogs or horses. Inspections by the veterinary office, for instance on farms or during transport. And reports by veterinarians where an animal is presented in poor condition. In all three an administrative file already exists before the prosecution starts.

What is at stake besides the sentence

The weight often lies outside the criminal case. Under Section 16a TierSchG the authority may remove animals and house them elsewhere; under Section 20 TierSchG the court may impose a ban on keeping animals; and under Section 11 TierSchG an activity requiring a permit may be prohibited. For breeders, riding stables and farmers that is the real stake, and the costs of housing are charged to the keeper.

How these cases end

For first allegations, with demonstrated improvement in husbandry and veterinary supervision, discontinuation under Section 153a StPO subject to a payment is usual, often in favour of an animal welfare organisation. Voluntarily giving up or reducing the number of animals improves the position in the administrative proceedings considerably.

A hearing before the veterinary office is not a harmless administrative step. What is stated there passes into the criminal file.

Summons or accusation of Animal Welfare Offences? What matters now

Two things matter immediately: say nothing to the police about the allegation – you are never obliged to – and have your defense obtain the investigation file first. In detail: your rights as an accused person, responding to a police summons.

Possible discontinuation of proceedings

Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.

Victim-offender mediation and restitution

In many cases, victim-offender mediation or making good the damage (§ 46a StGB) can significantly reduce the sentence or enable a discontinuation. Whether this is advisable in your case is something we assess based on the file.

What we do after reviewing the file

We assess the evidence, look for procedural errors and negotiate with the prosecution about a discontinuation.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.