Dismissal of the appeal for nullity for minor offenses under Art. 172ter SCC

Facts

By a judgment of October 11, 1995, the District Criminal Court of Lausanne convicted N., a Spanish national, of a series of thefts, home invasions, offenses and violations of the Federal Act on Narcotics, to a sentence of 211 days' imprisonment. The court also revoked the suspended deportation order that had previously been granted to him.

N. filed an appeal for nullity with the Criminal Cassation Court of the Federal Tribunal, arguing that the thefts he was accused of should have been classified as minor offenses under Art. 172ter SCC, and that the sentence imposed was too severe.

Considerations

The Criminal Cassation Court dismissed the appeal for nullity. It considered that Art. 172ter SCC was not applicable in this case, as it was found that the appellant had intended to obtain as much money as possible during each theft in order to acquire narcotics. His intent was therefore not limited to a low-value asset, which excludes the application of Art. 172ter para. 1 SCC.

Regarding the sentence, the Court held that it had been set within the legal framework,…