Facts
On 22 October 1990, the Criminal Chamber of the Cantonal Court of St-Gall sentenced B. to 18 months' imprisonment with suspension, subject to a two-year probation period, for repeated and continued violation of the Narcotics Act and for concealment. B. traveled to Turkey on C.'s advice, met C.'s father, and explored the possibility of purchasing a large quantity of heroin. C.'s father sought a way to obtain the drug and mentioned a specific price to B.
The Public Prosecutor's Office of the canton of St-Gall appealed this decision, requesting the annulment of the judgment and the referral of the case to the lower court for a new trial, particularly for determination of guilt for taking measures for illicit purposes under art. 19 ch. 1 al. 6 NarcA. The Federal Court admitted this appeal.
Considerations
Art. 19 ch. 1 al. 6 NarcA targets specific preparatory acts related to the offenses defined in paragraphs 1 to 5 of art. 19 ch. 1 NarcA. The taking of measures for illicit purposes must not be admitted when the author's behavior could just as well serve a lawful purpose, but only when its delinquent destination is clearly recognizable from its external appearance.
The Federal Court specified that measures taken for illicit purposes must be clearly recognizable as such and cannot be confused with lawful acts. The taking of measures for illicit purposes assumes that the author has taken concrete steps to commit an offense, but the execution of the offense has not yet begun.
The Federal Court also emphasized that the taking of measures for illicit purposes must be distinguished from the mere fact of taking steps to commit an…