Annulment of the conviction for negligent violation of the Animal Welfare Act and the Animal Welfare Ordinance

Facts

The appellant [A.] went for a walk on January 31, 2019 with the dog of her daughter, called [C.]. On a field path, [B.] approached her on foot. After the two women had crossed paths, the dog [B.] jumped at her from behind and bit her in the right thigh.

The Public Prosecutor's Office Muri-Bremgarten found [A.] guilty by penal order of July 25, 2019 of negligent violation of the Animal Welfare Act and the Animal Welfare Ordinance as well as negligent violation of the Dog Act and the Dog Ordinance of the Canton of Aargau. The District Court of Muri and the High Court of the Canton of Aargau confirmed the guilty verdict.

Considerations

The Federal Supreme Court annuls the guilty verdict based on federal law for "disregard of the regulations on animal husbandry", as Art. 77 AWO is motivated by public safety considerations and is not compatible with the constitutional division of…