Facts
The appellant [A.] was found guilty by the Federal Criminal Court on 7 December 2018, inter alia, of disrupting facilities serving the public (Art. 239 para. 1 (2) SCC). He was alleged to have manipulated fire hydrant No. 498 in Horgen, thereby impairing the fire water supply.
[A.] appealed against this conviction. The Federal Supreme Court annulled the judgment of the Federal Criminal Court on this point and remanded the case for a new decision to the lower court. The Federal Supreme Court found the reasoning of the Federal Criminal Court for the fulfilment of the elements of the offence under Art. 239 para. 1 (2) SCC to be incomprehensible.
Although the Federal Criminal Court found that the fire hydrant was not damaged and that only the spindle was slightly opened, which led to a small water loss, it assumed that the fire water supply was not fully guaranteed for a certain period of time. The Federal Supreme Court could not follow this reasoning, as it was not apparent why the connection of a hose by the fire brigade should not have been possible despite the small water loss.
Considerations
The Federal Supreme Court concluded that the lower court had not sufficiently justified the fulfilment of the objective elements of the offence under Art. 239 para. 1 (2) SCC. Since, in the present case, in contrast to the judgment 6B_217/2012, there was also no damage to the fire hydrant, the Federal Supreme Court annulled the…