Questione giuridica chiave
Whether the duty of the authority to intervene immediately under Art. 25(1) TSchG is defined with sufficient precision for criminal enforcement.
Decisione estratta
The provision is too vague to satisfy the legality principle and does not permit criminal punishment on its own.
Motivazione estratta
The distinction between ordinary and completely improper animal keeping, and between neglect and serious neglect, is unclear; the statutory criteria do not allow predictable application in criminal law.