Dismissal of the appeal in criminal matters against the judgment of the Higher Court of the Canton of Zurich

Facts

The appellant [A.] was found guilty by the District Court of Zurich of multiple threats and property damage and sentenced to a conditional fine. He appealed this judgment, which was dismissed by the Higher Court of the Canton of Zurich. The appellant then filed an appeal in criminal matters with the FSCA, requesting that the judgment of the Higher Court be overturned and that he be acquitted of all charges.

The appeal is directed against the convictions for multiple threats and property damage as well as against the costs and compensation consequences. The appellant claims that the lower court arbitrarily evaluated the evidence and that the statements of the private plaintiff are not credible.

Considerations

The FSCA bases its judgment on the facts established by the lower court. It can only correct or supplement the lower court's findings of fact if they are obviously incorrect or based on a violation of the law within the meaning of Art. 95 FSCA.

The appellant claims that the private plaintiff withdrew her statements after the lower court's judgment was issued. However, the FSCA finds that these new statements constitute a genuine novum that the lower court could not have taken into account in the disputed judgment. The appellant's arguments relating to this conversation are inadmissible.

The FSCA…