Facts
The appellant [A.] was found guilty by the District Court of Olten-Gösgen on 29 June 2017 of multiple aiding and abetting of theft, committed on 18 April and 15 May 2012, multiple money laundering, committed between October 2011 and approximately mid-May 2012, and trespassing, committed on 15 May 2012. He was acquitted of the further charges of aiding and abetting of theft, allegedly committed on 3 April and 13 May 2012. The Higher Court of the Canton of Solothurn confirmed the convictions on 28 February 2019 and sentenced [A.] to a conditional prison sentence of 17 months.
[A.] requests with his appeal that he be acquitted of the charge of aiding and abetting of theft, committed on 18 April 2012, as well as of the charge of money laundering. For aiding and abetting of theft and trespassing, both crimes committed on 15 May 2012, he should be sentenced to a conditional fine of 60 daily rates of CHF 30.-- each.
Considerations
The Federal Court has partially approved the appeal and partially overturned the judgment of the Higher Court of the Canton of Solothurn of 28 February 2019. The case was referred back to the Higher Court for a new decision.
The Federal Court has established that there is real concurrence between aiding and abetting of property offenses and money laundering. The appellant was found guilty of both aiding and abetting of theft and money laundering, as he fulfilled the statutory requirements through independent actions.
The Federal Court has also established that the indictment does not violate the principle of…