Facts
On June 9, 1998, R.X. found a ticket book in a Zurich tram that a traffic officer of the Zurich City Police had left there. Since R.X. and his wife E.X. were annoyed that a garage owner named A.B. regularly claimed parking spaces in the blue zone for his customers, E.X., with her husband's consent, filled out a complaint report from the found ticket book. She signed the report with "C.D." and R.X. affixed it to A.B.'s vehicle windshield to make him fear a police fine.
The District Court of Zurich found R.X. guilty of usurpation of official authority and sentenced him to a conditional prison term of five days for this offense and another offense. The High Court of the Canton of Zurich upheld the conviction for usurpation of official authority, whereupon R.X. filed a nullity appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court overturned the judgment. It found that while the objective elements of the offense of usurpation of official authority were fulfilled, as R.X. used an official form to complain about the garage owner's parking practice and thus simulated an official intervention, the unlawful intent required by law was lacking.
According to the Federal Supreme Court, the element of unlawful intent requires that the perpetrator either pursues an inherently unlawful goal or achieves a justifiable goal by means that are not necessary for the pursuit of…