Facts
The appellant [X.] operates an agricultural business in Appenzell Ausserrhoden. On 5 May 2010, an unannounced inspection by the cantonal veterinary office and the agricultural office took place, during which various deficiencies were found. A follow-up inspection on 15 June 2010 again revealed defects in animal husbandry. The cantonal veterinarian carried out a further unannounced follow-up inspection on 23 February 2011 and again found various defects.
The appellant was charged with animal cruelty, violation of the Animal Welfare Act, violation of the Epizootic Diseases Act, violation of the Water Protection Act, and disobedience to official orders. The single judge of the Cantonal Court of Appenzell Ausserrhoden found him partially guilty and sentenced him to a fine and a penalty. The Higher Court of the Canton of Appenzell Ausserrhoden confirmed this judgment.
The appellant lodges a criminal complaint and requests that the judgment of the Higher Court be overturned and that he be acquitted of all charges.
Considerations
1. Inadmissibility of the complaint
The Federal Court bases its judgment on the factual findings of the lower court and reviews them only for arbitrariness. The arbitrariness complaint must be explicitly raised and substantively justified in the complaint.
2. Convictions for animal cruelty and violation of the Animal Welfare Act
The appellant claims that the convictions violate federal law. A criminally relevant neglect, mistreatment, or overexertion within the meaning of Art. 26 para. 1 lit. a of the AniWA must be accompanied by a disregard for the dignity of the animal.
The lower court has established that the appellant did not properly care for and treat the animals…