Facts
[X.] was accused of keeping twelve chinchillas distributed in nine cages in her hobby room in the basement and thereby grossly violating the Animal Welfare Act. She is said to have severely neglected the animals and at least eventually caused the agonizing death of four of them. The District Court of Muri found [X.] guilty of multiple counts of animal cruelty through neglect and killing of animals and sentenced her to a fine. The Public Prosecutor's Office appealed against the sentence.Considerations
The Federal Court dismissed the appeal of the Public Prosecutor's Office. It confirmed that the conduct of the appellant should be considered as eventual intent, as she did not directly aim for the death of the animals, but accepted it. The Federal Court considered the appellant's guilt as "medium", as she was suffering from depression at the time of the offence and was temporarily unable to care for the well-being of the animals. Although the lower court had assumed a "high degree of guilt" as the starting point, the fine of 60 daily rates imposed appeared legally justified under federal law.
The Federal Court…