Facts
The president of the ecclesiastical commission of X., [S.], opened three letters addressed to the ecclesiastical commission, including one to the attention of Mrs. [R.], an employee of the church. The letters were sent to S.'s personal address after the church secretary resigned. [S.] opened the letters and forwarded them to Mrs. [R.] or another competent person. Mrs. [R.] filed a criminal complaint against [S.] for violation of correspondence secrecy.
The criminal chamber of the cantonal court of Aargau acquitted [S.] of the charges, and the decision was confirmed by the SCC. The SCC considered that the letters were not personally addressed to Mrs. [R.], but to the ecclesiastical commission, and that [S.] as president of the ecclesiastical commission was authorized to open the letters.
Considerations
The SCC examined the provisions of Article 179 of the Swiss Criminal Code, which punishes the violation of correspondence secrecy. The Court considered that the letters in question were not personally addressed to Mrs. [R.], but to the ecclesiastical commission, and that the mention « to the attention of... » on the envelope did not mean that only Mrs. [R.] was authorized to open the letters.
The Court also considered that [S.] as president of the ecclesiastical commission was authorized to open the letters, as he was the hierarchical superior…