Facts
The appellant [X.] was found guilty by the Federal Criminal Court of multiple qualified violations of the Narcotics Act and sentenced to a partially suspended custodial sentence of 18 months. Additionally, three seized mobile phones were confiscated, and a compensation claim of CHF 1,150 for the proceeds from drug trafficking was imposed.
[X.] appealed against the judgment of the Federal Criminal Court. He requested that the judgment be annulled and the case be remanded to the lower court for a new assessment.
Considerations
The Federal Supreme Court upheld the appeal. It found that the indictment did not describe the drug transactions attributed to the appellant in sufficient detail regarding time, location, and subject matter. The indictment specified a delict period of around three years, designated the place of the offense merely as "Canton of Zurich and elsewhere," and did not provide precise information on the number and quantity of cocaine sales.
The Federal Supreme Court considered these general statements to be insufficient to enable the appellant to mount an appropriate and effective defense. Thus, the conviction violated the principle of the indictment and the right to a…