Facts
The case concerns a qualified theft due to the foreseeability of fatal consequences, governed by Article 139 ch. 2 al. 5 of the Swiss Criminal Code (SCC). The defendants, X. and Y., were convicted of qualified theft by the cantonal court. Y. requested a reduction of his liability due to mental disorders, namely a neurotic Fehlentwicklung, which would have led to a reduction in his ability to control himself.
The cantonal court rejected this request, considering that Y.'s mental disorders did not justify a reduction of his liability. Y. appealed to the Federal Court, which rejected his appeal.
Considerations
The Federal Court examined the question of whether the aggravating circumstance resulting from the foreseeability of fatal consequences of a qualified theft should be taken into account when determining the sentence. The court considered that the law provides that the sentence for a qualified theft due to the foreseeability of fatal consequences is more severe than that for a simple theft, and that this aggravating circumstance must be taken into account when determining the sentence.
The court also examined the question of the reduction of liability for mental disorders. It considered that, according to Article 11 SCC, the liability of a defendant may be reduced if he was suffering from mental disorders at the time of the commission of the offense, and that these disorders led to a reduction in his ability to control himself. However, the court considered…