Unauthorized handling of dangerous dogs

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The criminal offense of unauthorized handling of dangerous dogs , included in the German penal code in 2001, was declared unconstitutional by the Federal Constitutional Court in 2004 .

Legal text

Section 143 Unauthorized handling of dangerous dogs

(1) Anyone who contravenes a prohibition issued by state law to breed or trade a dangerous dog will be punished with imprisonment for up to two years or with a fine.

(2) Anyone who keeps a dangerous dog without the required approval or contrary to an enforceable prohibition will also be punished.

(3) Objects to which the offense relates can be confiscated. Section 74a is to be applied.

history

This provision was inserted into the penal code by the law to combat dangerous dogs of April 12, 2001, after the six-year-old Volkan Kaya was killed on June 26, 2000 in a schoolyard in Hamburg-Wilhelmsburg by two mixed- breed bulls , pit bulls and American Staffordshire terriers had been killed.

In response to several constitutional complaints , the Federal Constitutional Court (1 BvR 1778/01) declared Article 143 (1) of the Criminal Code to be incompatible with Article 12 (1) (freedom of occupation) and Article 14 (1) (guarantee of ownership) of the Basic Law and therefore void. According to Art. 72 Para. 2 of the Basic Law, the federal government has no legislative competence for the criminal provision .

Convictions according to Section 143 of the Criminal Code had not yet taken place.

The first law on the adjustment of federal law in the area of ​​responsibility of the Federal Ministry of Justice of April 19, 2006 repealed paragraphs 2 and 3 of § 143 StGB on April 25, 2006, which were not objected to before the Constitutional Court.

Since the revision of Article 72 (2) of the Basic Law as part of the 2006 federalism reform , which reorganized the legislative competence of the Federation and the Länder, a federal law with the content of Section 143 StGB could no longer be rejected due to a lack of legislative competence.

swell

  1. ↑ The previously convicted dog owner Ibrahim K. (24) was sentenced on January 17, 2001 by the Hamburg Regional Court for negligent homicide to a prison term of three years and six months and after two and a half years in prison, with no further execution of the sentence in accordance with Section 456a StPO in January 2003 expelled to his Turkish homeland. DIE WELT January 16, 2003 The revisions of Ks and the public prosecutor's office against the judgment of the regional court were rejected by judgment of the Federal Court of Justice 5 StR 419/01 of December 11, 2001 .
  2. ↑ Press release on the judgment of the LG Hamburg from January 17, 2001 on jurawelt.com
  3. ↑ BVerfG March 16, 2004
  4. ^ Heinrich Wilms. Constitutional law I - State organization law taking into account the reform of federalism. Kohlhammer Stuttgart 2007 page 300 marginal number 1020