Acts Against Animals and Their Penalties

It is an undeniable fact that animals have rights just like humans. According to the Universal Declaration of Animal Rights, which is an international document, animals have the right to live and reproduce in their natural environments and to be respected. According to this document, unless necessary, the killing or mistreatment of animals should be considered a crime. These principles are also mentioned in the Animal Protection Law, which we will discuss below.

There are laws concerning animals in Turkey as well. Leaving animals at the mercy and conscience of humans can lead to their killing or harm. In our country, Law No. 5199 on the Protection of Animals actually came into force on 01.07.2004. However, the increase in actions against animals and the frequent public discussions on the issue in recent years have necessitated some new regulations in the law.

The purpose of the Animal Protection Law is to ensure the well-being of animals and appropriate treatment, to protect them from pain, suffering, and distress in the best possible way, and to prevent all kinds of victimization. In this context, administrative and judicial penalties are stipulated. For this purpose, Article 14 of the Law regulates prohibitions concerning animals, which are as follows: Intentionally mistreating, beating, leaving hungry and thirsty, exposing to extreme cold and heat, neglecting care, causing physical and psychological pain to animals; forcing animals to perform acts clearly beyond their strength; selling pets by individuals without animal care training; selling pets to individuals under the age of sixteen; performing non-therapeutic interventions on animals before confirming their death; slaughtering or killing animals other than those raised for meat needs and marketed, with the exception of game animals permitted for hunting and breeding farms for slaughter under Law No. 4915; distributing animals not raised for slaughter as prizes, rewards, or premiums; performing artificial interventions or giving foreign substances to animals that can harm them or their unborn offspring or eggs, except for medical reasons; working animals that are sick, pregnant (having completed 2/3 of the pregnancy period), or newly mothers, or keeping them in unsuitable conditions; sexually assaulting or raping animals; force-feeding an animal unless medically necessary, feeding them food causing pain, suffering, or harm, or giving them alcoholic beverages, cigarettes, drugs, and similar addictive substances; producing, owning, possessing, sheltering, trading, exchanging, exhibiting, gifting, or advertising animals deemed dangerous by the Ministry; torturing animals or treating them cruelly and mercilessly; abandoning pets.

Acts Requiring Administrative Fines Against Animals

Article 28 of the Animal Protection Law regulates administrative fines. According to this article, certain acts listed in the law require administrative fines. For example, according to Article 4 of the Law, cat and dog owners are required to register their animals with digital identification methods, and those who fail to comply with this obligation will be fined 1,200 Turkish liras per animal. Another example is, according to Article 21 of the Law, a driver who hits and harms an animal is obliged to take it to the nearest veterinarian or treatment unit or ensure its transportation, and those who fail to comply with this obligation will be fined 1,500 Turkish liras per animal.

Prior to the amendment, the Animal Protection Law only provided for administrative fines for all acts against animals. However, with the amendments added to the Law on 09.07.2021, considering the principles of legality (clarity and foreseeability) in crime and punishment, proportionality, and deterrence, some acts against animals have been reclassified from "misdemeanors" to "crimes".

Acts Requiring Judicial Penalties Against Animals

Judicial penalties are regulated in Article 28/A of the Law.

1. CRIME OF ANIMAL KILLING: A person who intentionally kills a pet or domestic animal is sentenced to imprisonment from six months to four years. However, killing animals under certain exceptional circumstances mentioned in Articles 12 and 13 of the Law is not considered a crime. For example, animals can be killed for medical and scientific reasons. Another important point to note is that intentional killing of an animal constitutes the mental element of the crime. Accidental killing of an animal is not a crime. For instance, a person who accidentally kills an animal in traffic is not subject to a judicial penalty under the Law.

The Law has separate provisions for animals that are at risk of extinction. According to the provisions, a person who kills an animal at risk of extinction is sentenced to imprisonment from one to five years, and a person who exterminates an animal species is sentenced to imprisonment from five to ten years.

1. CRIME OF SEXUAL ASSAULT OR RAPE AGAINST ANIMALS: A person who sexually assaults or rapes an animal is sentenced to imprisonment from six months to three years and a judicial fine of at least one hundred days.

2. CRIME OF TORTURING ANIMALS OR TREATING THEM CRUELLY AND MERCILESSLY: A person who tortures a pet or domestic animal or treats it cruelly and mercilessly is sentenced to imprisonment from six months to three years. For example, kicking an animal or leaving it without water for days are actions that require punishment under this provision.

3. CRIME OF ANIMAL FIGHTING: A person who organizes animal fights is sentenced to imprisonment from three months to two years or a judicial fine.

INCREASED PENALTIES: If the aforementioned crimes are committed against multiple animals simultaneously, the penalty is increased by half. If the crimes are committed by veterinarians, veterinary health technicians, animal protection volunteers, members of animal protection associations, members of animal protection foundations, or individuals responsible for the care and protection of animals, the penalty is increased by half. The aim here is to impose harsher penalties on those expected to be more sensitive to the protection and care of animals.

INVESTIGATION OF THE CRIME: Article 28/A(8) introduces a different procedure for the investigation of crimes against animals. According to the provision, an investigation into the crimes listed in this article, including those committed by the owner, requires a written application by the provincial or district directorates of the Ministry of Agriculture and Forestry to the Public Prosecutor's Office. This application is a procedural requirement. In cases of flagrant offenses, the investigation is conducted according to general provisions. However, if the crimes of killing, having sexual intercourse, torturing, or treating an animal cruelly and mercilessly, or organizing animal fights are committed against an owned animal by another person, an investigation is conducted upon the complaint of the animal's owner.

WHAT HAPPENS TO THE ANIMAL SUBJECTED TO THE CRIME: Cats and dogs that are subjects of misdemeanors regulated in the article and confiscated under Article 24, as well as other animals deemed appropriate by the Ministry, are taken to an animal shelter by the nearest municipality with a shelter. The aim here is to prevent the animals from being affected by the negative consequences of the committed act and to minimize the impact.

DETERMINATION OF THE ANIMAL SUBJECT TO THE CRIME: As stated in the rationale of Article 28/A of the Law, while determining the pet or domestic animal subject to the crime, the definitions in Article 3 of the Law will be taken into account. Accordingly, in terms of the crimes of killing, torturing, and treating animals cruelly and mercilessly, "pet" refers to any animal kept, cared for, and taken responsibility for by individuals, particularly in homes, workplaces, or properties, for special interest and companionship; and "domestic animal" refers to animals domesticated and trained by humans. For example, although a wild animal, a parrot, deer, or wild goat kept, cared for, and taken responsibility for by individuals for special interest and companionship or with a permit under relevant legislation can be considered a "pet" subject to the crime. Similarly, a cat or dog, even if stray, can be considered a "domestic animal" subject to the crime as a species domesticated by humans.