Ritual Slaughter and Animal Welfare: The Court of Cassation and the Crime of Killing (Judgment no. 22294/2025)

The debate on ritual slaughter, which pits religious freedom against animal welfare, has long been at the center of legal and social attention. The recent ruling by the Court of Cassation, judgment no. 22294 of June 13, 2025, intervenes with clarity on a crucial aspect: the lawfulness of ritual slaughter carried out outside designated places, i.e., authorized slaughterhouses. This decision represents an important milestone for Italian jurisprudence, reaffirming the principles of animal protection.

The Regulatory Context and Social Sensitivity

The issue is rooted in Article 544-bis of the Criminal Code, which penalizes anyone who causes the death of an animal out of cruelty or without necessity. This is complemented by Regulation (EC) no. 1099/2009, on the protection of animals at the time of killing, which provides for specific derogations for ritual slaughter. These derogations allow, for religious reasons, not to resort to stunning before killing, a practice that is otherwise mandatory. However, European and national legislation impose strict hygiene, health, and animal welfare conditions for any type of slaughter, which must take place in recognized and controlled facilities.

The slaughter of livestock, carried out in observance of the practices prescribed by religious precept, through jugulation not preceded by stunning of the animal, in places not possessing the technical-normative conditions of "slaughterhouses," constitutes the crime of killing animals under art. 544-bis of the Criminal Code, as the derogation provided by art. 4, para. 4, of Regulation (EC) no. 1099/2009 for ritual slaughter is limited to the methods of killing the animal and not to the place where it can occur. (In its reasoning, the Court specified that, for the exclusion of the crime, even the private domestic consumption of the meat thus obtained is not relevant, as this purpose only allows for a derogation from the rules on the repression of clandestine slaughter under art. 6, comma 1, Legislative Decree of November 6, 2007, no. 193).

The ruling of the Court of Cassation is definitive and clear. It establishes that the slaughter of animals, even if dictated by religious precepts and carried out with the technique of jugulation without stunning (as permitted by the derogation in Regulation (EC) no. 1099/2009), becomes a crime under Article 544-bis of the Criminal Code if it occurs outside an authorized slaughterhouse. The crucial point is that the religious derogation applies exclusively to the *methods* of killing (i.e., the absence of stunning), but not to the *place* where such practice can be performed. The Court further clarifies that not even the private domestic consumption of meat obtained in this manner can exclude the crime of killing animals, as this purpose only allows for a derogation from the rules on clandestine slaughter (Legislative Decree no. 193/2007), not from the much more serious offense under Article 544-bis of the Criminal Code.

The Decision of the Court of Cassation: A Balancing of Principles

The Supreme Court, annulling with referral the judgment of the Court of Appeal of Turin, reiterated the importance of balancing the right to religious freedom with the need to protect animal welfare and public health. The decision emphasizes how the controlled environment of the slaughterhouse is fundamental to ensuring that killing procedures, even ritual ones, are carried out in compliance with hygiene and health regulations and with the least possible stress to the animal. The practice of jugulation, although permitted for religious reasons, must still take place within a context that minimizes suffering and guarantees traceability and food safety. This implies that:

• The act of slaughter must take place in an authorized slaughterhouse subject to controls.
• Procedures must ensure the least possible stress to the animal, even in the absence of pre-jugulation stunning.
• The derogation for religious reasons applies only to the omission of stunning, not to the place or general conditions of hygiene and safety.
• Domestic consumption is not an excuse for violating Article 544-bis of the Criminal Code in cases of slaughter outside a slaughterhouse.

Conclusions

Judgment no. 22294 of 2025 by the Court of Cassation definitively clarifies that freedom of worship, while a fundamental principle, cannot extend to derogating from rules established for the protection of animal welfare and public health, particularly concerning the place of slaughter. The Court has drawn a clear line: ritual slaughter is permitted, but only if carried out within slaughterhouses that comply with the required technical and regulatory standards. This decision strengthens the protection of animals in our legal system, sending a clear message about the importance of an ethical and legal approach even in culturally sensitive contexts. For professionals in the sector and for citizens, it serves as a reminder to always operate in full compliance with the law, guaranteeing the dignity of animals and the safety of all.