Concept and legal foundations: Mistreatment of animals
Die Mistreatment of animals is a central term in animal protection law and encompasses all behaviors where an animal is caused pain, suffering, or harm without reasonable cause. The mistreatment of animals is explicitly prohibited by law in Germany and many other countries and is sanctioned both as an administrative offense and as a criminal offense. Its legal assessment is governed by national and, increasingly, international animal protection norms.
Definition and delimitation
The law defines the mistreatment of animals as any act or omission that causes significant pain, suffering, or harm to a vertebrate. The decisive factor is that the well-being of the animal is impaired without there being a reasonable cause present. In practice, a distinction is made between active and passive mistreatment:
- Active mistreatment: Direct use of force against the animal (e.g., hitting, mistreatment with knives or other tools).
- Passive mistreatment: Neglect or omission of necessary measures (e.g., insufficient feeding, lack of medical care, failure to comply with housing requirements).
Legal regulations in Germany
Animal Welfare Act (TierSchG)
The German Animal Welfare Act (TierSchG) forms the foundation for the protection of animals against mistreatment. Section 1 of the Animal Welfare Act formulates the goal of specifically protecting the life and well-being of animals as the responsibility of humans.
Criminal acts (§ 17 TierSchG)
According to § 17 of the Animal Welfare Act, it is forbidden to cause a vertebrate significant pain, suffering, or harm without reasonable cause. Violations are considered criminal offenses and may be punished by imprisonment of up to three years or a fine. Criminal acts include especially:
- Mistreatment of vertebrates (inflicting pain, cruelty)
- Killing of vertebrates without reasonable cause
- prolonged or repeated significant neglect
Administrative offenses (§ 18 TierSchG)
Lesser violations of the Animal Welfare Act that do not amount to a criminal offense can be prosecuted as administrative offenses in accordance with § 18 TierSchG and may be subject to fines of up to 25,000 euros. These include, for example:
- Non-compliance with animal husbandry regulations
- Violation of veterinary regulations
Special provisions for farm animals and pets
The Animal Welfare Act does not fundamentally distinguish between animal species; however, there are regulations with specific requirements for forms of animal husbandry, including:
- Animal Welfare Livestock Husbandry Regulation
- Animal Welfare Dog Regulation
- Animal Welfare Transport Regulation
These particularly summarize requirements regarding pen size, care, exercise, and transport to prevent mistreatment and neglect.
Concept of a “reasonable cause”
A central term in animal welfare law is the “reasonable cause.” According to § 1 of the Animal Welfare Act, interventions in the physical and psychological integrity of animals are only permitted if there is an objectively justifiable reason. Recognized reasonable causes include, for example:
- Required veterinary treatments
- Appropriate food procurement by wild animals
- Necessary disease control
Not considered reasonable causes in particular are:
- Convenience of the owner
- Economic considerations without compelling necessity
- Competitions or exhibitions associated with pain or suffering
International regulations and influences
European Union
Through Article 13 of the Treaty on the Functioning of the European Union, the European Union has given special status to animal protection. Numerous EU regulations and directives harmonize the provisions on animal welfare and make mistreatment of animals more difficult, for example, in transport and husbandry.
International agreements
Additionally, there are international agreements for the protection of animals, such as the European Convention for the Protection of Pet Animals of the Council of Europe (1987). These demand uniform minimum standards for protection against mistreatment.
Practice, enforcement, and sanctions
Investigation procedures and authorities
Enforcement of the provisions against mistreatment of animals in Germany is primarily the responsibility of the veterinary offices, police authorities, and prosecuting authorities.
- If a suspicion of mistreatment becomes known, the authorities are entitled to secure, or if necessary, seize the affected animals.
- Furthermore, animal welfare requirements may be imposed or bans on animal keeping may be enacted.
Offenses and case law
In cases of suspected mistreatment, the courts always examine the circumstances of the individual case and, in particular, whether a reasonable cause exists. The subjective element (intent, negligence) also plays a significant role.
Typical case groups from case law:
- Torture by physical or psychological violence
- Extremely deficient care, e.g., in “animal hoarding” cases
- Prohibited abandonment or leaving of animals
Special constellations and disputed issues
Animal testing
Animal testing may only be conducted under strict legal conditions. Mistreatment as part of animal testing is only permissible if no equivalent alternative procedure exists and ethical justifiability is observed (§§ 7 ff. TierSchG).
Interventions on animals
Certain interventions, such as docking of dog tails, cropping of ears, or cutting of tendons, are regularly considered inadmissible mistreatment if not medically necessary.
Breeding-related mistreatment
Breeding practices that lead to congenital suffering (torture breeding) are prohibited under § 11b TierSchG.
Mistreatment of wild animals and exotics
Wild and exotic animals are also comprehensively protected by the Animal Welfare Act. There are special provisions in nature conservation and hunting law which provide additional regulations for the treatment and use of such animals.
Legal consequences and civil law sanctions
Besides public sanctions, the mistreatment of animals may lead to civil law consequences, such as claims for damages by the owner or the imposition of a ban on keeping animals.
Conclusion
Mistreatment of animals is comprehensively and multifacetedly regulated. The applicable law protects animals from physical and psychological harm by third parties and places significant sanctions on violations. The central standards are the well-being of the animal and the “reasonable cause” for interventions. Jurisprudence and administrative practice ensure a protection framework open to application, in which the interests of the animal are central.
Frequently asked questions
What penalties can be imposed following a conviction for animal mistreatment under German law?
Mistreatment of animals is, according to § 17 of the Animal Welfare Act (TierSchG), a criminal offense in Germany. Anyone who causes a vertebrate pain, suffering, or harm without reasonable cause must expect a custodial sentence of up to three years or a fine. In addition to the main penalty, the court can also impose ancillary penalties, such as a ban on keeping animals under § 20a TierSchG or the confiscation of the animal under § 18 TierSchG. Particularly serious cases—such as commercial or systematic mistreatment—according to legal practice, often result in higher penalties at the upper end of the sentencing range. Even the attempt at animal mistreatment is punishable. Prior relevant convictions can also increase the severity of the penalty.
Who is required by law to report animal mistreatment?
There is no general legal obligation for private individuals to report animal mistreatment. However, in individual cases, a duty of care may exist, for example, for animal owners, animal caretakers, or officials who have special responsibility for the animal. Authorities and veterinary offices are required to follow up on reports. For professional groups such as veterinarians, there is no explicit obligation to report, but they should inform the relevant authorities in case of suspicion. An official who fails to report mistreatment may be prosecuted for obstruction of justice in office (§ 258a StGB).
Does the Animal Welfare Act distinguish between intentional and negligent mistreatment of animals?
The German Animal Welfare Act generally sanctions intentional conduct under § 17 TierSchG. Negligent acts that cause animals harm through carelessness or neglect are only prosecuted as administrative offenses under § 18 TierSchG. Imprisonment is only threatened in cases of proven intent. However, negligent mistreatment can also result in substantial fines of up to 25,000 euros.
What role does the offender’s motive play in the legal assessment?
The Animal Welfare Act requires that mistreatment occurs “without reasonable cause.” A reasonable cause exists, for example, in veterinary procedures, animal welfare-compliant use of livestock, or in cases of imminent danger. Actions motivated by sadism, malice, or negligence do not constitute a reasonable cause and thus establish criminal liability. The motive can play a role in sentencing: pure cruelty or indifference to the animal’s suffering is usually weighed against the offender.
Can legal entities (e.g., companies) also be held accountable for animal mistreatment?
In Germany, only natural persons are criminally liable. Companies and associations cannot themselves be perpetrators within the meaning of § 17 TierSchG. However, an administrative offense proceeding may be initiated against legal entities (§ 30, § 130 OWiG—Administrative Offenses Act) if a supervisory duty has been violated. In this context, fines may be imposed on the company if, for example, deficiencies have been tolerated due to lack of control or organization. However, criminal liability always remains with the acting individuals.
Is there a statute of limitations for offenses related to animal mistreatment?
Yes, for criminal offenses under § 17 TierSchG, a statute of limitations of five years applies (§ 78 paragraph 3 no. 4 StGB). The limitation period generally begins with the completion of the act, i.e., the last harmful behavior. For administrative offenses under § 18 TierSchG, the statute of limitations is a maximum of three years (§ 31 paragraph 2 no. 3 OWiG). After these periods have expired, neither criminal nor administrative sanctions can be imposed.
What evidence is relevant before the court if animal mistreatment is suspected?
In criminal proceedings, all types of evidence are in principle admissible, including witness statements, veterinary reports, photographs, videos, and—where legally permitted—covert investigative measures. Careful documentation of injuries and husbandry conditions is important. Witnesses, including neighbors or animal welfare advocates, as well as veterinary experts, play a central role. Video and photographic material can contribute significantly to prosecution, especially if it proves the connection to the offense and is obtained in compliance with data protection and privacy regulations.
