Facts
The Federal Supreme Court had to decide on a case in which the appellant X. had been convicted of fraud to the detriment of the Swiss Accident Insurance Institute (SUVA). The appellant had been involved in a road traffic accident and had since suffered from various complaints. He worked for B. AG without pay, without fully informing SUVA about the extent of this activity.
The High Court of the Canton of Aargau had convicted the appellant of attempted fraud to the detriment of SUVA. The appellant requested that the high court's judgment be overturned and that he be acquitted of guilt and punishment.
Considerations
The Federal Supreme Court considered that a conviction for completed fraud required a damaging disposition of the property of the person deceived. In social insurance law, a financial loss is given if the insured person has no claim to the benefits paid out.
The court came to the conclusion that the appellant could not be convicted of attempted fraud to the detriment of SUVA, as he undisputedly had a claim to the insurance benefits received and his…