Facts
The appellant [A.] was found guilty by the Cantonal Court of Lucerne of professional fraud, multiple instances of SCC Art. 163 para. 1 (aggravated fraud related to debt collection) and document forgery, and was sentenced to a prison term of two years and ten months. The appellant filed an appeal against this judgment and requested that it be overturned and the case be remanded for additional evidence to be taken and a new trial to be held.
The lower court and the Public Prosecutor's Office requested that the appeal be dismissed. The appellant complained of a violation of the right to be heard and of arbitrary evaluation of the evidence by the lower court.
Considerations
The Federal Supreme Court examined the appellant's complaints and came to the conclusion that the lower court had not arbitrarily evaluated the evidence. The lower court had established that the appellant had failed to declare the Harley Davidson motorcycle and the 35 watches, although he was required to do so.
The Federal Supreme Court found that the lower court had rightly imposed a prison sentence for the multiple instances of SCC Art. 163 para. 1 (aggravated fraud related to debt collection) and mismanagement, rather than a fine. The lower court had taken into account that the appellant's crimes had caused significant harm to third parties and that a fine would probably not be enforceable.
The Federal Supreme Court also rejected the appellant's complaint that the lower…