Partially attempted debt collection fraud, multiple forgery of documents, etc.; Sentencing

Facts

On October 31, 2019, the District Court of Bremgarten convicted [A.] of various offenses and sentenced him to 15 months' imprisonment, of which 9 months were suspended, as well as 120 daily penalty units of a suspended fine and a fine. On February 15, 2021, the High Court of the Canton of Aargau found [A.] guilty of multiple, partially attempted debt collection fraud, minor fraud, multiple forgery of documents, theft, negligent bodily harm, simple violation of traffic regulations, and failure to return license plates, and sentenced him to 15 months' imprisonment, of which 9 months were suspended, as well as a fine of CHF 1,000.-.

Considerations

The lower court affirmed the offense of partially attempted debt collection fraud, as the appellant had concealed from the debt collection office claims for child allowances and had attempted to avoid their consideration in the calculation of the subsistence minimum. Although child allowances are generally exempt from debt collection, they are relevant for the calculation of the subsistence minimum, as they directly influence the extent to which other assets are subject to debt collection.

The lower court also considered the conviction for multiple forgery of documents to be lawful. The documents submitted by the appellant, which gave the impression that the landlord had confirmed payments, were to be qualified as documents, as they were capable of proving a legally relevant fact. The appellant had submitted them with the intent to deceive and with the intent to enrich herself.

Regarding the negligent bodily harm in the context of a rear-end collision, the lower court considered the injuries to the victim to be established. It relied on the reports of the treating physicians, according to which the victim had suffered whiplash. Contrary to the appellant's view, the severity of the collision was irrelevant, as only the documented consequences were decisive.

Finally, the lower court also affirmed the offense of minor fraud. The appellant had created the impression of solvency and…