Sentencing for multiple sexual acts with a child and violation of the secrecy or privacy sphere through recording devices

Facts

The opposing party [A.] was convicted in the first instance for multiple sexual acts with children (Art. 187 Swiss Criminal Code) and violation of the secrecy or privacy sphere through recording devices (Art. 179quater Swiss Criminal Code). The Office of the Attorney General of the Canton of Bern appealed against the sentencing by the lower court.

The Regional Court of Bern-Mittelland had sentenced [A.] to a conditional fine of 150 daily penalty units. The Office of the Attorney General requested a higher sentence of 360 daily penalty units.

Considerations

The Federal Supreme Court held that the lower court had violated the principles of sentencing in determining the sentence for the conviction under Art. 187 Swiss Criminal Code (multiple sexual acts with a child). Instead of imposing a single sentence, the lower court should have set three separate hypothetical sentences for two groups of offenses and a single act, in order to account for the legally binding guilty verdict.

Regarding the sentencing for the violation of the secrecy or…