Facts
The Federal Court was seized of a criminal appeal against a judgment of the Geneva Court of Justice's Criminal Appeal and Review Chamber. The appellant, X., had been sentenced to three years' imprisonment for sexual acts with children and sexual coercion. The appellant complained that the cantonal court had not taken into account the mitigating circumstance of the long time elapsed as per art. 48 let. e SCC.
The facts dated back to 1997 and the last facts to 2003. The cantonal court had held that the offenses attributed to the appellant were not time-barred as of November 30, 2008, so that the new provisions applied and the acts committed by the appellant fell under the rule of non-prescribability as per art. 101 al. 1 let. e SCC.
Considerations
The Federal Court recalled that the mitigating circumstance of the long time elapsed as per art. 48 let. e SCC applies in any case when two-thirds of the statute of limitations for the criminal action have passed. However, with regard to non-prescribable offenses, the issue is governed by art. 101 al. 2 SCC, which sets the time limit from which the judge may mitigate the sentence.
The Federal Court considered that the acts committed by the appellant between 1997 and March 28, 2001, were non-prescribable under art. 101 al. 1 let. e and al. 3, 3rd sentence, SCC. Consequently, the issue of mitigating the sentence for these acts is examined in light of art. 101 al. 2 SCC.
However, the facts committed as of March 29, 2001 (i.e., after the victim's 12th birthday) cannot fall within the scope of art. 101 al. 1 let. e SCC. Consequently, the issue of…