Facts
The appellant was convicted by the High Court of the Canton of Thurgau of gang-related violation of the Narcotics Act and sentenced to a partially suspended prison sentence of 13 months. The appellant had operated a hemp door system in her house together with her former life partner and an acquaintance and had assisted in the harvesting of marijuana on several occasions. She received CHF 7,000 for her help and for tolerating the system.
The appellant requested the annulment of the decision of the High Court and her acquittal. Alternatively, or in the event of a conviction, she requested that no penalty be imposed or that the prison sentence be fixed at a maximum of 12 months. She also requested that the costs of the criminal investigation and the first-instance proceedings be reapportioned and that she be granted compensation for the entire proceedings.
Considerations
The Federal Court examined the appellant's complaint that the lower court had arbitrarily established the facts and incorrectly applied the law. The Federal Court came to the conclusion that the lower court's establishment of the facts was not arbitrary and that the application of the law was correct.
The Federal Court also examined the appellant's complaint that the lower court had incorrectly applied the offense of gang-related activity. The Federal Court came to the conclusion that the lower court had correctly applied the offense of gang-related activity and that the appellant had acted as a member of a gang that had come together to engage in unauthorized narcotics trade.
The Federal Court also examined the appellant's complaint…