Facts
Parties: Defendant A. against the Public Prosecutor's Office of the Canton of Neuchâtel.
Courts: Tribunal de police du Littoral et du Val-de-Travers, Cour pénale du Tribunal cantonal neuchâtelois, Federal Supreme Court (6B_504/2019).
Date: July 29, 2019.
Main issue: The defendant A. was convicted of a serious violation of the Narcotics Act (Art. 19 para. 2 lit. a NarcA). The question was whether the quantity and purity of the methamphetamine met the requirements for a serious case.
Facts: Between October and November 2016, A. procured 28 grams of crystal meth (methamphetamine), 100 ecstasy pills, and 100 grams of MDMA via the darknet. The average purity of the crystal meth was 69%. Additionally, A. sold at least 322 grams of cocaine and 80 ecstasy pills between summer 2015 and January 2018, with 22 grams of cocaine and 70 ecstasy pills sold to third parties.
Considerations
The provision of Art. 19 para. 2 lit. a NarcA stipulates that a prison sentence of at least one year shall be imposed if the offense endangers the health of many people. The quantity of narcotics is a central criterion, with other factors such as the purity of the drug or dangerous mixtures also being taken into account.
The Federal Supreme Court has in the past set threshold values for various drugs that pose a danger to the health of many people. No threshold value has been set for methamphetamine to date, but a study by the Swiss Society of Legal Medicine…