Definition and Concept of Abandoning Animals
Das Abandonment of Animals refers, in a legal sense, to the act of deliberately disposing of an animal without ensuring its continued welfare or appropriate accommodation. This often occurs by leaving or giving away the animal in an unfamiliar or life-threatening environment, such as in public places, forests, along roadsides, or in abandoned buildings. The term covers both the intentional leaving of the animal with no intention of returning, as well as abandoning it with the expectation that third parties will take responsibility for it.
Statutory Regulations in Germany
Animal Welfare Act (TierSchG)
The abandonment of animals in Germany is regulated by the Animal Welfare Act (TierSchG) . According to Section 3 No. 3 TierSchG, it is prohibitedto abandon or leave behind a pet in order to dispose of it, or to abandon or leave behind a bred or kept animal if it is not capable of surviving in the wild. The law thus distinguishes not only between bred and kept animals but also takes into account their survival capability in the wild.
Offence and Administrative Misdemeanor
Abandoning animals in Germany constitutes at least an administrative misdemeanor under Section 18 (1) No. 4 TierSchG. In particularly serious cases or in conjunction with mistreatment, the behavior can be prosecuted as a criminal offence . The respective penalties and fines depend on the severity of the act and the endangerment of the animal.
- Fines: Depending on the federal state and the discretion of the relevant authorities, fines of up to 25,000 euros can be imposed.
- Criminal Consequences: In cases where the abandonment of the animal results in significant pain, suffering, or injury, imprisonment for up to three years or a fine is also possible under Section 17 TierSchG.
Relevance of Other Laws
In addition to the Animal Welfare Act, other laws may also be relevant, such as the Nature Conservation Act, if the abandoned animal poses a threat to native fauna or flora (invasive species). Violations of local ordinances are also possible if, for example, public safety or hygiene is jeopardized by the abandonment.
Elements of the Offence of Abandonment
The abandonment of animals is defined in law as either an administrative offence or a criminal offence. The key elements are:
Purpose of the Act
The abandonment must be carried out with the intent to permanently leave the animal to its fate. Merely temporary leaving behind (for example, during a hike) does not usually fulfill the offence if the owner intends to retrieve the animal.
Animal’s Ability to Survive
It is of importance whether the animal can survive outside human influence (in the wild). Pets such as cats, dogs, hamsters or rabbits are generally not able to survive and are thus especially protected.
Animal Species and Origin
The law does not strictly distinguish between animal species. Exotic animals (such as reptiles or birds) are also protected if they originate from human care. An exception exists for wild animals that already live freely.
Attempt and Negligence
Apart from intentional acts, negligence is also punishable if it can be proven that the owner knowingly or grossly negligently accepted the risk of harm.
Legal Consequences and Procedure
Investigations and Evidence
The competent authorities (public order office, police, veterinary office) initiate an investigation as soon as there is suspicion of animal abandonment. Securing evidence includes witness statements, video recordings, veterinary expert opinions, and forensic analysis.
Possible Legal Remedies
Persons affected by fines or criminal allegations have the right to appeal or lodge an objection, which can lead to further court proceedings.
Animal Rescue and Accommodation
Abandoned animals are taken in and cared for by the responsible agencies (for example, animal welfare organizations or animal shelters). The costs may be imposed on the former animal owner.
Special Features in International Comparison
Abandoning animals is not only regulated by law in Germany. In many other European countries and worldwide, comparable laws exist. However, the penalties vary greatly in severity and specifics.
Prevention and Societal Relevance
The abandonment of animals is regarded socially as irresponsible and reprehensible behavior. Legislation is therefore intended not only to protect individual animals, but also to safeguard the public, as well as to serve environmental and species protection. Animal welfare organizations and authorities attempt to curb abandonment effectively through education and stricter controls.
Summary
Das Abandonment of Animals is strictly prohibited in Germany and is comprehensively regulated by the Animal Welfare Act. It includes any act aimed at abandoning an animal without concern for its continued welfare. In addition to fines, criminal consequences can occur in serious cases. The legal framework makes a substantial contribution to the protection of pets and bred animals and reflects society’s responsibility in its dealings with animals.
Frequently Asked Questions
Is abandoning animals punishable in Germany?
The abandonment of animals is explicitly prohibited in Germany under Section 3 (3) of the Animal Welfare Act (TierSchG) and constitutes an administrative offence or, depending on the severity, even a criminal offence. Anyone who abandons or leaves behind an animal in order to dispose of it can be fined up to 25,000 euros. In especially serious or repeated cases, imprisonment of up to three years can also be imposed under Section 17 TierSchG. In addition to criminal consequences, the perpetrator also faces substantial civil liability, for example for costs incurred in remedying damage caused by the abandoned animal. Especially during the summer months, authorities intensify checks on public areas such as parking lots or rest stops where animals are frequently abandoned.
How is the abandonment of animals proven?
Proving the abandonment of animals is often challenging, as perpetrators are rarely caught in the act. In practice, however, for example, witness statements, video surveillance (such as from parking lots), DNA traces on the animal (such as hairs or skin particles from the owner), identification via microchip, as well as conspicuous animal welfare reports, are used as crucial pieces of evidence. Even small clues, such as left behind transport boxes with a personal connection to the owner, may suffice to initiate an investigation. Additionally, the location, time, and behavior of the animal can play a role in clarifying the matter, especially if there is reasonable suspicion against a person.
Are there differences in penalties depending on the species of animal?
The Animal Welfare Act does not distinguish according to animal species for the offence of abandonment: It applies to all vertebrates—from dogs and cats to cage birds, rabbits, and exotic pets. Additional regulations, such as species protection law or veterinary regulations, can influence penalties for particularly endangered or dangerous species. In individual cases, greater public interest, such as in the case of released invasive animals or wild animals, may play a role in sentencing. The keeping and abandonment of so-called listed dogs or protected species is assessed separately and can result in stricter sanctions.
Who is responsible for the intake and care of abandoned animals?
Anyone who finds an abandoned animal should immediately notify the responsible public authority or local animal shelter. Legally, towns and municipalities in Germany are obliged to take in and safely house found animals (Section 2 Animal Welfare Act in conjunction with municipal statutes). Care, veterinary treatment, and possible rehoming are usually handled by animal shelters that have contracts with local authorities. The financing of these services is regulated under public law; a subsequently identified owner can be held liable for the costs incurred. The finder’s right is restricted in this case, as found animals may not simply be kept; the find must be reported immediately.
What are the obligations when finding an abandoned animal?
Anyone who suspects to have found an abandoned animal is required under Section 965 of the German Civil Code (BGB) (“notice of finding”) to report the find immediately to the competent authority. Taking independent action, such as keeping or giving away the animal without official notice, is legally inadmissible and may itself be classified as an administrative offence. In addition to the actual finding regulations, animal welfare obligations also apply: The finder must ensure animal welfare-compliant care of the found animal until it is handed over to an animal shelter or the authorities. Non-compliance can result in both civil and administrative penalties.
Are there special provisions for abandoning wild or farm animals?
The abandonment of wild or farm animals is also subject to strict legal regulations. While the Animal Welfare Act applies to pets, additional regulations from livestock movement law and animal disease law apply for farm animals. For example, abandoning farm animals such as pigs, cattle, or chickens involves increased risks of disease and environmental hazards, leading to harsher penalties and immediate regulatory measures (e.g., euthanasia, quarantine requirements). Regarding wild animals, especially non-native species, species protection bans and, in many cases, the Federal Nature Conservation Act apply. Violations are prosecuted severely and can result in fines, imprisonment, and also hunting or licensing consequences for the owner.
