Facts
On November 28, 2018, the District Court of Kulm sentenced A.A. to 6 years' imprisonment for a qualified violation of the Narcotics Act (BetmG). On October 12, 2020, the High Court of the Canton of Aargau acquitted A.A. of a cocaine delivery on December 16, 2016 and a meeting at an institution to import an unspecified amount of cocaine, but convicted him of a cocaine delivery on October 18, 2016 of a qualified violation under Art. 19 para. 2 lit. a, b and c BetmG (commerciality) and sentenced him to 7 1/2 years' imprisonment.
The High Court found that A.A. had formed a gang with B.A., C. and D. to sell cocaine on a large scale to an unspecified number of buyers. On October 18, 2016, A.A. together with the gang members B.A. and C. as well as E. received a delivery of four kilograms of cocaine, which the gang members then sold to buyers.
Considerations
The appellant A.A. challenged the federal law application of Art. 19 para. 2 lit. c BetmG (commerciality). However, the Federal Supreme Court dismissed the appeal.
The Federal Supreme Court stated that in the case of an offense committed by a gang under Art. 19 para. 2 lit. b BetmG, the large turnover or…