Facts
A farmer, Mr. Binder, was convicted for serious negligence towards his bull. In June 1958, the bull had a large open wound on its neck, caused by the chain digging into its flesh. Although the animal required urgent care, Mr. Binder did not have it treated for several weeks, merely covering the wound superficially with a cloth. On June 23, 1958, the district veterinarian found that the wound was infected and that the chain had penetrated as far as the neck muscle. On October 15, 1958, Mr. Binder was sentenced by the single judge in criminal matters of the Andelfingen district to a fine of 40 Swiss francs for cruelty to animals (Art. 264 para. 2 SCC).Considerations
According to the Court of Cassation, serious negligence towards an animal within the meaning of Art. 264 SCC does not necessarily require the animal to suffer serious bodily injuries equivalent to those referred to in Art. 122 SCC. It is sufficient that the animal is subjected to considerable suffering due to lack or inadequacy of care and maintenance. In this case, the bull had a significant and painful wound, for which Mr. Binder did not call a veterinarian or provide the necessary care for several weeks. This negligence was rightly qualified as arge Vernachlässigung (serious negligence) within the meaning of Art. 264 SCC by the lower courts.
Th…