Facts
The case concerns an employee, X., who worked as a cook for company A. AG. On 25 August 2000, after her shift, X. took food from her employer's kitchen to take home, despite her employer's directives prohibiting the removal of goods without authorization. The food in question included salads, bread, and a liter of cream, with a total value of around 15 Swiss francs.
X. was immediately dismissed and her employer filed a criminal complaint against her for theft, embezzlement, or removal of property. The court of first instance acquitted her of all charges, but the canton of Berne's court of appeal found her guilty of unlawful appropriation without intent to enrich and sentenced her to a fine of 100 Swiss francs.
X. filed a motion for annulment with the Federal Court, arguing that the court of appeal had not taken into account the fact that she could have consumed the food at her workplace and that, therefore, she had not acted unlawfully.
Considerations
The Federal Court rejected X.'s motion for annulment. It considered that unlawful appropriation without intent to enrich is an offense that consists of appropriating a movable object belonging to another person without intention to enrich oneself. In this case, X. took food belonging to her employer without authorization, which constitutes an unlawful appropriation.
The Federal Court also considered that the fact that X. could have consumed the food at her workplace is irrelevant, as she acted against her employer's…