Facts
The appellant Sch. has been employed as a preparator at the Institute of Pathology of the University of Bern for 15 years. Approximately 1980/81, he removed a gold dental bridge from a corpse and kept this object in his office. He explained his behavior by stating that the protruding dental bridge, which he had wanted to push back into the mouth while preparing the body, had broken off and he had then taken the object out of scientific interest.
Sch. was initially acquitted by the President of the District Court VII of Bern of the charges of theft and disturbance of the peace of the dead. However, on appeal by the public prosecutor's office, he was found guilty by the Cantonal Court of Bern of disturbing the peace of the dead within the meaning of Art. 262 No. 2 of the Swiss Criminal Code and sentenced to a fine of CHF 300. The seized object (gold bridge and gold crown) was confiscated in accordance with Art. 58 of the Swiss Criminal Code.
Sch. appeals against the judgment of the Cantonal Court with the request that the contested decision be set aside and the case be remitted to the lower court for acquittal.
Considerations
The Federal Court states that according to Art. 262 No. 2 of the Swiss Criminal Code, anyone who removes parts of a corpse against the will of the authorized person is punished. Artificial parts of the body of a deceased person, such as prostheses, are also subject to the criminal protection of this provision.
The handling and storage of the gold dental bridge in the appellant's office constitutes a removal, as the object was removed from the access of the authorized persons (relatives, organs of the Institute of Pathology) and brought into the custody of the appellant. There was no consent of the authorized person, so the removal was against their will.
The Federal Court rejects the appellant's…