Facts

The case concerns an individual, B., who committed two offenses: the theft of a wallet on a tram in Zurich in May 1991 and an attempted pickpocketing in a stadium in Zurich in November 1995. The stolen wallet contained money, credit cards, and identification papers. The individual was sentenced to 30 days in prison for these offenses. He appealed against this decision, requesting the application of article 172ter of the Swiss Criminal Code (SCC), which provides for lighter penalties for minor offenses.

The key facts are as follows

  • The wallet theft took place on November 1, 1995.
  • The attempted pickpocketing took place on November 18, 1996.
  • The individual was sentenced to 30 days in prison.
  • The individual requested the application of article 172ter SCC.

Considerations

The court's decision is based on the interpretation of article 172ter SCC, which requires that the perpetrator had the intention of committing a minor offense. The court considered that the perpetrator's intention was to steal an amount exceeding 300 Swiss francs, which excludes the application of article 172ter SCC.

The court also considered that the question of whether the perpetrator's intention was to steal a low-value item is a matter of evidence that cannot be challenged in the context of a nullity appeal. The court's decision is therefore based on the facts as established by the lower…