Facts
The case concerns a student, [S.], who falsified signatures of professors on a grade book to obtain a degree in national economics at the University of Zurich. The Zurich District Court convicted him of document forgery, but the Cantonal Court reduced the sentence. [S.] appealed to the SCC, contesting his conviction.
The facts are as follows: [S.] obtained an engineering degree in mechanics in 1962 and then began studying law and political science at the University of Zurich. In February 1968, he registered to take the licensing exam, but he was missing signatures of professors on his grade book. He therefore falsified 29 signatures of 13 professors.
The Zurich District Court convicted him of document forgery, but the Cantonal Court reduced the sentence, considering that the falsified signatures were not important for obtaining the degree.
Considerations
The SCC examined the question of whether the falsified signatures constituted titles within the meaning of Article 110, ch. 5, of the Swiss Criminal Code (SCC). It considered that the signatures in question were intended to prove attendance at courses and were therefore titles.
The SCC also examined the question of whether the use by the forger himself of forged titles or certificates was punishable. It considered that Article 252, ch. 1, al. 3, of the SCC should be interpreted in such a way that the forger is punished for the use of his own forgeries, even if the forgery itself is not punishable.
The SCC also considered that…