Facts
X. is accused of having repeatedly accessed the password-protected Google account (Gmail) of her estranged husband [A.] without authorization during the period from January 1, 2014 to May 1, 2015. In doing so, she allegedly gained unauthorized access to business data as well as the written correspondence between [A.] and his lawyer. Furthermore, she is said to have downloaded at least 23 image files depicting a young female person between December 2013 and December 2014, one of which contained a password list.
X. gained access to her husband's email account by using his password, which she had accidentally found in the desk drawer in their former shared office. The District Court of Bremgarten convicted X. of multiple unauthorized access to a data processing system. The High Court of the Canton of Aargau upheld the guilty verdict. X. now appeals the decision to the Federal Supreme Court.
Considerations
According to Art. 143bis para. 1 of the Swiss Criminal Code, anyone who unlawfully accesses a foreign data processing system that is specially secured against their access shall be punished. The offense protects data processing systems from intruders who aim to breach the security measures and gain access to the secured data systems.
The Federal Supreme Court rules that the unauthorized login to the password-protected Gmail account of the husband fulfills…