Facts
On October 7, 1991, the High Court of the Canton of Zurich found X. guilty of complicity in attempted robbery, criminal preparatory acts for robbery, and qualified violation of the Narcotics Act, and sentenced him to 33 months' imprisonment.
X. then filed a federal nullity appeal and requested that the judgment of the High Court be set aside with regard to the conviction for preparatory acts and the sentencing, and that the case be remanded to the lower court for a new assessment.
Considerations
The Federal Supreme Court concluded that X. had voluntarily withdrawn from the not yet fully executed preparatory acts. Pursuant to Art. 260bis Para. 2 of the Criminal Code, a person who voluntarily refrains from completing the preparatory act is not punishable. X. had already taken significant preparatory steps, but did not attend the last planned meeting in the restaurant, where the division of roles was to be discussed again and additional utensils were to be brought. The…