Carinthian pensioners in court: animal cruelty or self-defense because of a cat?

Carinthian pensioners in court: animal cruelty or self-defense because of a cat?

A current incident in Carinthia raises questions about animal protection and the legal assessment of animal cruelty. A 69-year-old pensioner set up a live trap to catch the neighbor's cat “Klara”. The reason for this was that the cat was using his garden as a litter box. The incident led to a trial at the Klagenfurt regional court, in which judge Lisa Kuschinsky is leading the prosecution against the man. The central question is whether the pensioner's behavior can be viewed as animal cruelty, a topic that is currently being increasingly discussed in society. According to Krone, “Klara” was trapped for several hours, which further dramatized the situation.

The legal framework for such incidents is defined by the Animal Welfare Act, which protects all animals, including invertebrates and invertebrates. It makes it clear that animals are not things and need special protection. The law prohibits causing avoidable pain to animals without good reason (Section 1 Sentence 2 Animal Protection Act). If animals are injured, criminal prosecution can occur under both the Animal Protection Act and the German Criminal Code (§ 303 StGB). However, the complex legal situation often leads to the protection of animals being viewed as inadequate, as different courts interpret the law differently, as can be read in the explanations of the Tierschutzbund.

Difficult situation for animals in Germany

In Germany, the problem of animal cruelty, especially in agriculture, should not be underestimated. Animal protection and animal rights organizations have published a database that has documented 163 cases of previously unknown animal cruelty since 2016. These revelations are not just “regrettable isolated cases” but paint a picture of systematic abuses in animal husbandry. The database contains a map of Germany with recorded violations that highlights counties with animal welfare problems.

On average, controls in agriculture only take place every 17 years, although in some federal states such as Bavaria, controls are carried out on average every 49 years. This control is often announced in advance, which greatly limits its actual effectiveness. This leads to a worrying traffic area where only 15% of documented cases resulted in a fine and only 3% resulted in a ban on keeping animals.

The current trial in Klagenfurt is once again drawing attention to the issue of animal protection. It remains to be hoped that both the legal framework and social perception of animal cruelty will change in order to improve the protection of animals.