Criteria and thresholds for assessing the relevance of unlawful interference with species listed in Annex IV FFH Directive within the meaning of Section 181f of the Criminal Code (StGB).

Violations of species protection law are in principle punishable under the Administrative Criminal Law and the relevant Matter Act (e.g. Hunting, Nature Conservation or Animal Welfare Act). However, in the implementation of the EU Environmental Crime Directive, serious infringements are to be prosecuted under judicial criminal law applying the Penal Code. Serious infringements occur when significant quantities of specimens of protected species are damaged or killed. The present study describes a method to quickly clarify whether infringements of species protection law need to be dealt with in criminal law because they are believed to concern significant quantities of specimens. For 13 mammalian species, the significant quantities are calculated on the basis of the available data, namely the current size of the herds, the annual total natural mortality and a defined proportion of tolerance.