Facts

By a judgment of May 23, 2001, the 2nd Criminal Chamber of the Supreme Court of the Canton of Bern found B. guilty of the failed offense of fraud and sentenced him to a penalty of ten days' imprisonment with probation for two years.

The facts established are as follows

  • B. reported a loss (windshield breakage) to the insurance company Z. Assurances, indicating an incorrect date, whereas this loss had already been indemnified by the insurance company Y. Assurances a few months earlier.
  • B. acted in this way with the aim of obtaining compensation from the insurance company Z. Assurances, whereas the latter was not obliged to cover this loss.
  • B. proceeded in several stages to deceive the insurance company Z. Assurances, first orally, then by sending it the mechanic's invoice, and finally by filling out a loss declaration with an incorrect date.

Considerations

The Federal Court dismissed B.'s appeal for nullity. The Court considered that the plan adopted by B. to deceive the insurance company Z. Assurances should be qualified as objectively cunning, insofar as it was likely to deceive the vigilance of this company, without it being possible to attribute any co-responsibility to it.

Although the deception…