Facts
The Public Prosecutor's Office of the Canton of Bern brought charges against [A.] for unlawful receipt of social insurance or social assistance benefits. The Oberland Regional Court found [A.] guilty and sentenced her to a fine and a penalty. The Bern Cantonal Court of Appeal confirmed the guilty verdict, but with a different reasoning and a reduced sentence. The Public Prosecutor's Office appealed, arguing that [A.] had acted with direct intent and that it was not a minor case.
The defendant [A.] had concealed income totaling CHF 26,904.75 over a period of 16 months and had thus unlawfully received benefits from the unemployment insurance fund. The lower court had argued that [A.] had acted with conditional intent and that it was a minor case, as the amount of the offense was high, but the defendant had not committed any further acts of concealment and had repaid the wrongly received money.
Considerations
The Federal Supreme Court overturned the judgment of the Bern Cantonal Court of Appeal and remanded the case for reconsideration. It argued that the defendant had acted with direct intent, as she had known that the declaration of income would affect the amount of benefits paid out and had nonetheless concealed income. The Federal Supreme Court also found that it was not a minor case, as the amount of the offense was high and the defendant had unlawfully received benefits over a longer period.
The Federal Supreme Court pointed out that the question of whether a minor case existed was to be assessed in light of the offender's culpability and that the components of the offense, such as the manner in which the…