Facts
The appellant was charged with having committed numerous acts of property damage from February to April 2002. The lower court largely did not enter the indictment due to the statute of limitations, with the exception of two burglaries on March 9/10, 2002 and April 9, 2002. The appellant was accused of breaking into a property in Zurich and causing property damage of CHF 11,690. A month later, he is said to have broken into a thermal bath and caused property damage of around CHF 12,600.
Considerations
The Federal Supreme Court had to examine whether the lower court correctly qualified the two acts of property damage as "substantial damage" within the meaning of Art. 144 para. 3 of the Swiss Criminal Code. The question arose as to from what amount of damage a damage is considered "substantial" and whether the statute of limitations is determined by the sentencing range of the qualified offense or the basic offense.
The Federal Supreme Court concluded that damage of at least CHF 10,000 is to be considered "substantial" within the meaning of Art. 144 para. 3 of the Swiss Criminal Code. For the determination of the statute of…