Facts
The present case concerns a nullity appeal by the Public Prosecutor's Office of the Canton of Basel-Landschaft against a judgment of the High Court, in which several persons (E., V., H. and T.) were charged with drug offenses.
The High Court had found the defendants guilty, but did not consider the qualifying element of the serious case under Art. 19 para. 2 lit. a NarcA to be fulfilled. The Public Prosecutor's Office then filed a nullity appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court overturned the judgment of the High Court on this point and remanded the case for a new assessment to the lower court.
According to the considerations of the Federal Supreme Court, the legislator has classified cannabis as an addictive substance, the trade of which poses a danger to the health of many people. Therefore, in the application of Art. 19 para. 2 lit. a NarcA, it is solely the quantity of the drugs traded that is relevant, not their potential for harm. However, the High Court had additionally examined the dangerousness of cannabis and denied it, which the Federal Supreme Court considered a legal error.
Furthermore, the Federal Supreme Court held that for the subjective element of Art. 19 para. 2 lit. a NarcA, it is merely required that the perpetrator knew that…