Dismissal of the appeal against qualified kidnapping, sexual coercion, and other offenses

Facts

The appellant A.A. was sentenced by the District Court of Bülach on June 9, 2020, to a custodial sentence of 44 months for multiple counts of sexual coercion (Art. 189 para. 1 Swiss Criminal Code [SCC]), deprivation of liberty and kidnapping (Art. 183 no. 1 paras. 1 and 2 SCC), multiple violations of the secrecy or privacy of the private sphere through recording devices (Art. 179quater para. 1 SCC), property damage (Art. 144 para. 1 SCC), and misappropriation (Art. 141 SCC), committed jointly within the meaning of Art. 200 SCC. Additionally, she was expelled from the country for a period of five years.

The High Court of the Canton of Zurich, in its judgment of March 24, 2022, essentially confirmed the first-instance convictions, but considered the offense to be qualified kidnapping within the meaning of Art. 183 no. 1 paras. 1 and 2 in conjunction with Art. 184 paras. 1 and 3 SCC. It sentenced A.A. to 48 months of imprisonment, taking into account 593 days of pre-trial detention and alternative measures, and ordered a seven-year expulsion from Switzerland with entry in the SIS.

Considerations

The Federal Supreme Court dismisses the appeal of A.A. against the judgment of the High Court. It considers the assumption of qualified kidnapping to be justified, as the private complainant was harassed, abused, tortured, and exposed to a hopeless situation for several hours. The lower court did not violate the principle of the indictment by further elaborating on the facts of sexual coercion and violation of the…