Facts
The case concerns an individual, Sch., who participated in an unauthorized demonstration in Zurich on August 30, 1980. The demonstration degenerated into a riot, with acts of violence against people and property. Sch. was arrested and convicted of riot and violation of domicile. He filed a nullity appeal with the SCC, contesting his conviction.
The facts of the case are as follows: Sch. joined the demonstration on Helvetia Square, then separated from the crowd to visit a record store. He then rejoined the crowd, which had been stopped by the police, and followed the demonstrators who headed towards Talgarten station. There, they entered the station and committed acts of vandalism.
The issue at stake is whether Sch. can be convicted of riot and violation of domicile, given that he did not personally commit acts of violence, but participated in the demonstration and followed the demonstrators who committed these acts.
Considerations
The SCC examined the objective and subjective conditions of participation in a riot. It considered that a riot is a gathering of people who, through their behavior, manifest an intention to disturb public order. Participation in such a gathering is punishable, even if the individual did not personally commit acts of violence, if they contributed to creating an atmosphere of violence and disturbance.
The SCC also examined the issue of violation of domicile. It considered that domicile, within the meaning of article 186 SCC, includes not only homes, but also commercial premises and parking lots. Entering such a place without the owner's authorization…