Facts
The appellant X. was convicted by the Court of Appeal of the Canton of Basel-Stadt for multiple counts of commercial fraud and threat. He filed a complaint with the Federal Supreme Court. The Federal Supreme Court partially overturned the conviction for fraud and remanded the case to the lower court for re-evaluation. The decisive factor is whether a human decision-maker was involved in the online orders who could have refused delivery. If this is not the case, the offense of abusive use of a data processing system under Art. 147 of the Swiss Criminal Code (StGB) is more likely to apply than fraud under Art. 146 StGB. Furthermore, contributory negligence of the victim may exclude the fulfillment of the elements of fraud if the mail-order business continues to deliver despite the customer's payment arrears. Regarding the convictions for fraud to the detriment of C. and D., the Federal Supreme Court overturned the judgments, as the dispositions of assets of the victims were not directly attributable to the deceptive acts of the appellant. Instead, the offense under Art. 147 StGB could potentially be fulfilled. The conviction for threat against C., however, was confirmed, as the statements of the appellant were objectively capable of causing the threatened person to be afraid.Considerations
The Federal Supreme Court remanded the case to the lower court for re-evaluation, as the lower court had not sufficiently clarified the question of whether a human decision-maker was involved in the online orders. Furthermore, the lower court had not adequately examined…