Right to refuse to testify in a de facto cohabitation

Facts

The appellant [A.] was found guilty of commercial fraud by the High Court of the Canton of Zurich. He is alleged to have defrauded several women, including [B.] , of larger sums of money. The lower court denied that [B.] was living in a de facto cohabitation with [A.] at the time of her police questioning in December 2015, and therefore she did not have the right to refuse to testify. [A.] challenged this assessment with an appeal.

Considerations

The Federal Supreme Court confirmed the assessment of the lower court. For the existence of a de facto cohabitation within the meaning of Art. 168 para. 1 lit. a CCP, a certain stability and continuity of the relationship is required. The relationship between [A.] and [B.] did not meet these requirements at the relevant time in December 2015, as [A.] …