Facts
In the context of a kidnapping committed by a gang of criminals, a ransom was demanded from the victim's family. After the payment of a portion of the ransom, [B.] and C., two of the perpetrators of the kidnapping, entrusted the money to C.'s sister, D. A few weeks later, [B.] instructed his brother [E.] to retrieve the money from D. [E.] then went with [A.] and two other individuals to D. and H.'s residence to recover the portion of the ransom belonging to C. [A.], who was aware of the criminal origin of the money, counted the sum of 239,000 francs. Subsequently, a portion of this money was handed over to [A.], who concealed it at his residence.Considerations
The Federal Tribunal held that the offense of receiving stolen goods could be applied against [A.], despite the fact that the money originated from an offense against liberty (kidnapping or abduction) and not from an offense against property per se. Indeed, the notion of an offense against property within the meaning of Art. 160 para. 1 of the Swiss Criminal Code (CP) must be interpreted broadly and include any offense that has the effect of depriving another person of their property, even if it is not formally classified as an offense against property in the Criminal Code.
Thus, the person who kidnaps or…