Decision on Aggravated Money Laundering and Qualified Drug Trafficking

Facts

In this case, the Federal Tribunal examined the conditions for the application of the aggravated qualifications for money laundering (Art. 305bis para. 2 let. c SCC) and drug trafficking (Art. 19 para. 2 let. c NarcA). The defendant had generated a turnover of 78,000 francs in the context of cannabis trafficking. The Federal Tribunal considered that this turnover could not be qualified as "large" within the meaning of the law, the limit being set at 100,000 francs. Furthermore, the Tribunal ruled that the duration of the criminal activity was not decisive in qualifying the turnover as "large". Finally, it excluded the possibility of convicting the defendant for attempted qualified offence, considering that the aggravated qualifications were rules for determining the sentence and not constituent elements of the offence.

Considerations

First, the Federal Tribunal examined the notion of "large turnover" within the meaning of Art. 19 para. 2 let. c NarcA and Art. 305bis para. 2 let. c SCC. It considered that a turnover of 100,000 francs or more should be qualified as "large" within the meaning of the law, based on case law and the majority doctrine. In the present case, the defendant's turnover of 78,000 francs could therefore not be considered as "large".

Next, the Tribunal examined the question of whether the duration of the criminal activity had an impact on the qualification of the turnover. It ruled that the duration was not a determining factor, as the turnover should be assessed objectively and independently of the…