Facts
On May 27, 2010, the High Court of the Canton of Aargau found Xa[.] and Xb[.] guilty in the second instance of multiple animal cruelty through neglect of cats and multiple violations of the Animal Welfare Act by failing to comply with the requirements for the size of enclosures, lighting, room climate, and cleaning of cat litter boxes, as well as an insufficient number of litter trays. It confirmed the conditional fines of 90 daily rates of CHF 40 each and the fines of CHF 500 each imposed in the first instance.Considerations
The Federal Supreme Court upheld the conviction of the appellants. It stated that both were considered caretakers of the cats within the meaning of Art. 6 para. 1 of the Animal Welfare Act (AniWA) and therefore had the duty to provide appropriate care for the animals. The lower court was entitled to assume neglect of medical care within the meaning of Art. 26 para. 1 lit. a AniWA based on the…