Facts
On 14 March 1957, Eugen Baumann, while preparing to cross Murten Street in Bienne with his vehicle, struck and injured an Irish Setter dog that was running alongside his car. The dog sustained significant injuries to its right forelimb, requiring veterinary care for several weeks. The Cantonal Court of Berne found Baumann guilty of animal cruelty by negligence (Art. 264 para. 2 SCC) and sentenced him to a suspended fine. Baumann appealed the decision.Considerations
The Court of Cassation dismisses the appeal. It considers that cruelty within the meaning of Art. 264 SCC is not limited to cases of serious and repeated mistreatment, but can also result from a single act causing unnecessary suffering to the animal. It is irrelevant whether the perpetrator acted with malicious intent or not; cruelty by negligence is also punishable. In this case, the fact that Baumann deliberately swerved his vehicle to chase the dog, striking and seriously injuring it, constitutes animal cruelty within…