Facts
On October 27, 2021, the Criminal Court of the Canton of Lucerne convicted [A.] of commercial fraud and multiple forgery of documents, sentencing him to 6 years and 2 months of imprisonment. Upon his appeal and the public prosecutor's cross-appeal, the Cantonal Court of Lucerne confirmed the guilty verdicts on April 3, 2023, but reduced the prison sentence to 5 years and 7 months.
Considerations
The Federal Supreme Court upholds the lower courts' guilty verdicts. It considers the factual findings and legal assessment of the lower court to be in compliance with federal law. In particular, the Federal Supreme Court affirms the element of deceit, as the appellant had constructed a veritable edifice of lies and used numerous forged documents. Relevant victim contributory negligence is not present, as the injured parties did not act with gross negligence. The existence of a relationship of trust is also confirmed.
Regarding the determination of the sentence, the Federal Supreme Court finds the considerations of the lower court to be comprehensible. The lower court has taken into account the circumstances relevant for sentencing and outlined its reasoning in the main…