title: [Killing of animals (a reasonable basis according to section 17 number 1 of the German Animal Protection Act?)].
abstract: The killing of cattle in order to support the market price, the millions of sorted male pullets or the killing of surplus animals in zoological gardens or breeds which do not have the right colour--the human way to deal with sentient creatures becomes more and more bizarre. How far is our treatment of animals compatible with the legal demand for killing a vertebrate animal only if a reasonable reason (also called good reason = vernünftiger Grund) according section 17 no. 1 of the German Animal Protection Act exists. An offence against this act could be punished with imprisonment up to three years or a fine. However, to constitute an offence is not necessarily illegal. The legislator has created the expression "reasonable reason" as an indefinite legal term. Therefore the animal protection law can further develop the legal term "reasonable reason" with the help of interpretation and dispensation of justice and adapt it to all social realities. Therefore an appropriate judgement on the killing of a vertebrate animal only is possible by viewing each individual case taking into regard all important factors of the relation between the animal and its owner. The killing of a vertebrate animal, which is found to be illegal according to section 17 no. 1 Animal Protection Act can not be punished in case special Community Law exists which has priority over national law. Community Law which cancels national law exists in the scope of housing, slaughtering and transporting of farm animals. There are loopholes in Community Law concerning the killing of domestic animals in their breeding that could be closed by national law. A solution to secure animal protection could be the creation of a strict law for the breeding of domestic animals in Germany.
authors.affiliation: Akademie für Tierschutz, Neubiberg. evelyn.ofensberger@tierschutzakademie.de
authors.forename: E
authors.initials: E
authors.lastname: Ofensberger
mesh_terms: D000827:Animal Welfare / Q000331:legislation & jurisprudence*; D000818:Animals; D000829:Animals, Domestic; D000836:Animals, Zoo; D001947:Breeding / Q000331:legislation & jurisprudence; D004989:Ethics; D037901:Euthanasia, Animal / Q000941:ethics* / Q000331:legislation & jurisprudence*; D005858:Germany; D006801:Humans; D007886:Legislation, Veterinary