Facts
The case concerns S., who convinced his friend V., who was a minor at the time, to resign from her job as a waitress in order to train as a private detective. As part of this training, S. persuaded V. to apply for a learner's permit with the road traffic office of the Canton of Bern. Since V. was still a minor, S. signed the application form in place of V.'s mother.
The Cantonal Court of the Canton of Bern convicted S. of forgery of documents and fraudulent obtainment of a permit. S. appealed the decision.
Considerations
The SFC ruled that the falsification of V.'s mother's signature on the learner's permit application should not be sanctioned under Art. 251 SCC (forgery of documents), but rather under Art. 252 SCC (forgery of certificates). The falsification was solely aimed at facilitating the obtainment of the permit by V. and did not provide S. with an unlawful advantage beyond the mere improvement of the situation.
However, the SFC confirmed that S. should be convicted for violation of Art. 97(1)(4) RTA (fraudulent obtainment of a permit) in addition to the offense under Art. 252 SCC. Although Art. 97(2) RTA excludes the application of the special provisions of the SCC when there is a conviction for an offense under Art. 97(1) RTA, this exclusion only applies when the…