Facts
The case concerns an individual, C., who stayed in several hotels in Switzerland without paying the accommodation fees, totaling around 8,000 Swiss francs. The court of first instance convicted him of hotel fraud, but acquitted him of fraud. The cantonal court upheld this judgment. The public prosecutor appealed to the SCC, requesting the annulment of the judgment and the referral of the case for a new decision and conviction for fraud.
The facts are as follows: C. stayed in several hotels in Switzerland without paying the accommodation fees. He made partial payments in some cases, but did not pay the full fees. The question is whether C. committed fraud or hotel fraud.
Considerations
The SCC examined the conditions of application of fraud and hotel fraud. According to Article 146 of the Swiss Criminal Code, fraud requires an intention to procure illegitimate enrichment, deception or concealment of facts, as well as cunning. Hotel fraud, on the other hand, is defined in Article 149 of the Swiss Criminal Code as the act of being accommodated or served in a hotel establishment without paying the fees.
The SCC considered that hotel fraud is not a special offense that takes precedence over fraud in the field of hospitality and catering. Hotel fraud can only be retained if the constituent elements of fraud are not met. In this case, the SCC estimated that C. did not commit acts of deception or concealment to obtain the services of the hotels, and that the hoteliers could have taken measures to verify C.'s solvency.
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