Annulment of the Conviction for Multiple Violations of the Animal Welfare Act

Facts

The appellant A. was convicted by the Cantonal Court of Schwyz for multiple violations of the Animal Welfare Act, as he had repeatedly handed over or left the dog B. with his partner C. contrary to an order. The Federal Court annuls the judgment and remands the case to the lower court for a new assessment. The Laboratory of the Original Cantons had prohibited A. by order of 25 January 2017 from handing over or leaving the dog B. to C. outside the apartment or house, so that the dog would not endanger any persons or animals. A. was accused of having violated this order motivated by public safety. The Cantonal Court subsequently convicted him based on Art. 28 para. 3 of the Animal Welfare Act.

Considerations

The Federal Court states that Art. 28 para. 3 of the Animal Welfare Act may only sanction violations of orders that serve animal welfare. Measures that primarily serve public safety and order cannot be based on this provision. However, the order of 25 January 2017 was motivated by public safety in…