Civil Liability of the Appellant for the Theft of Breeding Cows

Facts

The appellant [A.] is accused of having, on 4 August 2008, in agreement and with the assistance of [C.] , led away twelve pregnant breeding cows belonging to the respondent 2 [B.] from a pasture and sold them for CHF 17,000 to another livestock dealer. The Presidency of the District Court of Laufenburg acquitted [A.] on 8 November 2011 of the charge of theft, but referred the civil action of [B.] to the civil courts. The Cantonal Court of Aargau also acquitted [A.] in the second instance of the charge of theft, but ordered him to pay [B.] CHF 34,800 in joint and several liability with [C.] .

Considerations

The Federal Supreme Court holds that the objective elements of the offence of theft were fulfilled and that it would have been reasonable for the appellant to inform himself about the ownership relations. His conduct proves to be negligent. All the requirements of Art. 41 CO (damage, causal link, unlawfulness and fault) are fulfilled, which is why the lower court…