Facts
On the night of June 30, 2011 to July 1, 2011, a search was conducted at the [B.] Club in Grenchen. At that time, [A.] was the managing director and patent holder of this club. During the search, PCs were seized, on which the [C.] gaming application was found. This application enabled automated casino games via an active internet connection. The Swiss Federal Gaming Board (ESBK) subsequently found [A.] guilty of setting up gambling machines without examination, conformity assessment or authorization for the purpose of operation. After [A.] requested a judicial assessment, the High Court of the Canton of Solothurn acquitted him of the charge of violating the Gambling Act. The ESBK then filed a criminal appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court examines whether the new Money Games Act represents the more lenient law compared to the old Gambling Act (principle of lex mitior). It states that according to Art. 2 para. 2 of the Swiss Criminal Code and Art. 2 of the Swiss Ordinance on Administrative Criminal Law, an act committed before the entry into force of the new law must be judged…