Facts
A. is accused of having produced a total of eight two-hundred franc notes at the Cantonal Library in Glarus on October 7, 2005, and having successfully put them into circulation at various locations. On October 12, 2005, the saleswoman at the Netstal train station kiosk rejected a note as counterfeit. On October 15, 2005, A. first paid for two consumptions at the Q Club in Zurich with one of the counterfeit two-hundred franc notes each, and was arrested when attempting to pay for a third consumption with counterfeit money.Considerations
The Federal Supreme Court confirms that A. has fulfilled the privileged offence of counterfeiting money under Art. 240 para. 2 of the Swiss Criminal Code. The manufacturing methods used were not elaborate, and the criminal amount of the eight forgeries was only CHF 1,600. Thus, this is a particularly minor case.
Regarding the fraud under Art. 146 of the Swiss Criminal Code, the Federal Supreme Court decides that A. has committed fraud by putting the counterfeit banknotes into circulation in the Sternen and Mc Donald's restaurants as well as in the BlueBox nightclub. The mere handing over of counterfeit money is fraudulent, as trust must be placed in the authenticity of…