Tierschutzrelevante Strafbarkeit des Pferdesportlers.

Show jumpers and dressage riders are increasingly becoming the focus of public prosecutors. It is to be ascertained within the meaning of Section 17 No. 2b of the Animal Welfare Act (AWA) whether the rapping/touching and the hyperflexion inflicts the horse with long-lasting or recurring considerable pain and suffering. The equine medical and legal investigations oriented towards the “well-being of the horse” have so far not been able to specify the vague legal terms “considerable pain and suffering” with verifiable criteria. The investigating authorities are, therefore, unable to form a satisfactory opinion within the meaning of Section 261 of the Code of Criminal Procedure (CCP). Only the international/national equestrian sports associations can remedy the situation by using their competence to set standards, which are protected by Article 9 Paragraph 1 of the constitution (“Grundgesetz”), by issuing clearly defined positive lists (regarding, for example, whips, spurs, gaiters, head position) through their responsible committees and, thereby creating a high degree of legitimacy. [ABSTRACT FROM AUTHOR]