Animal welfare; notification of an administrative offense
Brief description
Administrative offenses under the Animal Welfare Act are prosecuted and punished.Description
An administrative offence is an unlawful and reproachable act that constitutes an offence under a law that permits punishment with a fine.
Administrative offenses, i.e. descriptions of certain unlawful acts that are punishable by a fine, can also be found in Section 18 of the German Animal Welfare Act (TierSchG). This states, for example, that anyone who intentionally or negligently
- inflicts considerable pain, suffering or damage on a vertebrate animal that he keeps, cares for or has to care for without reasonable cause,
- kills a vertebrate animal contrary to § 4 para. 1 TierSchG,
- slaughters a warm-blooded animal contrary to § 4a Para. 1 TierSchG,
- conducts experiments on vertebrates without the authorization required under Section 8 (1) TierSchG,
- imports a vertebrate animal without a permit pursuant to Section 11a (4) sentence 1 TierSchG,
- breeds vertebrates contrary to § 11b para. 1 TierSchG or modifies them by means of biotechnical measures or
- contrary to § 11c TierSchG hands over a vertebrate animal to children or adolescents up to the age of 16.
Special information for - District of Bad Tölz WolfratshausenYou can use the button above to submit an online report of animal welfare violations. A BayernID is required for this. Alternatively, you can contact the responsible department at the veterinary office.
Important note: In the event of imminent danger, the police can also take provisional measures in addition to preserving evidence, especially outside normal working hours.
To report an animal welfare violation, you should be able to provide precise information about the place, time, type and course of the incident and, if known, about the persons involved.Legal basis
Legal remedy
Administrative court actionProcedure
Administrative offences can be reported by the police, an organizational unit of the district administrative authority, another authority, a municipality or by a citizen to the (central) fines office of the district 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 the persons concerned, interviewing witnesses) are initiated. If an offense is proven to have been committed and it is to be punished according to its significance, the district administrative authority issues a fine notice to the person concerned and sets the fine and the costs of the proceedings.The offense can be punished with a fine of up to 25,000 euros.
Notes
Criminal offense
In addition to administrative offenses, the Animal Welfare Act also distinguishes between criminal offenses. The criminal offense of cruelty to animals and the corresponding penalty are set out in Section 17 of the Animal Welfare Act. The following are punishable with a prison sentence of up to three years or a fine
- kills a vertebrate animal without reasonable cause or
- a vertebrate
- out of crudeness considerable pain or suffering or
- causes prolonged or recurring significant pain or suffering.
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