Facts
The appellant [X.] was found guilty by the Regional Court of Emmental-Oberaargau of breach of the peace as well as violence and threat against officials and authorities. The High Court of the Canton of Bern upheld the convictions, but reduced the suspended fine to 45 daily rates of CHF 130 each with a probation period of 2 years. [X.] filed a criminal appeal against the judgment of the High Court.Considerations
The Federal Supreme Court dismissed the appeal. It concluded that the Visp fan group, which [X.] had voluntarily, consciously and intentionally joined, is to be classified as a riot within the meaning of Art. 260 of the Swiss Criminal Code. [X.] had thus made himself guilty of participating in a public riot in which acts of violence against persons and property were committed with united forces. The conviction for violence and threat against authorities and officials, committed through participation in a riot, was also lawful.
The Federal Supreme Court further stated that the lower court had rightly adapted the amount of the daily rates of the fine to the…