Facts
The appellant, [X.] , was employed as a cook by [A. AG] . She was deducted a monthly lump sum of Fr. 180.-- from her salary under the title "Kostgeld Mittagessen". [X.] was dissatisfied with this deduction and demanded a reduction. When she left her workplace on August 25, 2000, she was asked by her boss to empty her bag, and various food items were found. [X.] was dismissed without notice and [A. AG] filed a criminal complaint.
The Court of Appeal of the Canton of Bern found [X.] guilty of unlawful appropriation without intent to enrich and sentenced her to a fine of 100 francs. [X.] filed a federal appeal with the request to quash the judgment and refer the case back to the lower court for a new decision.
Considerations
The Federal Court examined whether the lower court had correctly applied the offense of unlawful appropriation without intent to enrich in the sense of Art. 137 No. 2 para. 2 SCC. It found that the appellant had fulfilled the offense by her behavior, as she had unlawfully appropriated the food items without intending to enrich herself or another person.
The Federal Court also rejected the appellant's objections that the conviction for unlawful appropriation without intent to enrich was no…