Facts
The defendant applied for supplementary benefits from the compensation fund of the canton of Thurgovie in March 1992, making false statements about her financial resources. She received supplementary benefits for six years, while concealing her true financial situation. The defendant was convicted for offense against the law on supplementary benefits, for obtaining benefits by making false statements.
The defendant appealed to the Federal Court, contesting the decision of the cantonal court. She argued that the offense was time-barred, as the time limit had started to run from the date of her initial application for supplementary benefits.
Considerations
The decision of the Federal Court rejected the defendant's argument that the offense was time-barred. The Federal Court considered that the offense against the law on supplementary benefits was not a continuing offense, but an instantaneous offense that occurs at the time of the initial application for benefits.
The Federal Court also considered that the defendant had committed several distinct offenses, each giving…