Facts
The case concerns the allegation of deprivation of minors under Art. 220 of the Swiss Criminal Code against M.S. M.S. had, with the consent of his wife R.S., who was the holder of parental authority, taken the two children on a vacation trip to Egypt. After the agreed vacation period, M.S. returned to Zurich without the children and informed his wife that the children would henceforth remain in Cairo and attend school there. Despite repeated requests from R.S. to return the children to her care, M.S. did not comply.
The District Court of Zurich subsequently convicted M.S. of deprivation of minors under Art. 220 of the Swiss Criminal Code. On appeal by the convicted party, the High Court of the Canton of Zurich upheld the first-instance decision on both the issue of guilt and the sentence. M.S. then filed a nullity appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court held that the offence of deprivation of minors under Art. 220 of the Swiss Criminal Code covers not only the removal of children from parental authority, but also the refusal to return the children in the perpetrator's custody to the holder of parental authority. In the present case, M.S. had fulfilled the elements of the offence under Art. 220 of the Swiss Criminal Code by his statement to his wife that the children would henceforth remain in Cairo and his refusal to return the children to the mother's care.
Regardi…