Facts
Swiss national G. married a Cameroonian woman on 31 December 1975. He filed an action against his first wife, who was Swiss, on 26 January 1976; the divorce became final on 3 May 1976. Polygamy is permitted in Cameroon, where the second marriage took place.
Charged with bigamy, G. was acquitted by the courts of first and second instance in Neuchâtel. The Public Prosecutor's Office of the Canton of Neuchâtel appealed the decision to the Federal Tribunal.
Considerations
The Criminal Cassation Court of the Federal Tribunal had to determine whether the act of bigamy committed by G. in Cameroon produced a result in Switzerland, within the meaning of Art. 7 para. 1 of the Swiss Criminal Code, which would have allowed the application of Art. 3 of the Swiss Criminal Code and the admission of the Public Prosecutor's appeal.
The Court considered that bigamy is an instantaneous offence (Zustandsdelikt) and not a continuous offence (Dauerdelikt), i.e. an offence consummated by the celebration of the marriage and not by the fact of remaining in a state of bigamy. Therefore, the act was committed in Cameroon, where G. celebrated his second marriage.
As for the notion of "result" within the meaning of Art. 7 para. 1 of the Swiss Criminal Code, the Court held that it must be interpreted in a technical manner,…