Facts
The case concerns an individual, [G.], who committed offenses under the NarcA by selling and consuming Ecstasy between autumn 1994 and spring 1995. The Baden district court sentenced him to 11 months of suspended prison and a fine of 800 Swiss francs. The public prosecutor of the canton of Aargau appealed, but the cantonal court rejected the appeal and set the sentence to 9 months of prison.
The public prosecutor then filed a nullity appeal with the Federal Court, requesting the annulment of the judgment and the referral of the case so that [G.] could be convicted of a serious offense of Ecstasy trafficking under Article 19, para. 2, let. a, NarcA.
Considerations
The Federal Court examined the question of whether Ecstasy can be considered a substance that poses an obvious and serious danger to physical or mental health. It found that, according to current knowledge, Ecstasy does not appear to pose such a danger, even if it can present health risks, particularly in cases of overdose.
The Federal Court also examined the criteria for determining whether a serious case of Ecstasy trafficking is constituted, including the quantity of substance involved and the risks to public health. It concluded that, in this case, the criteria for a serious case are not met.
The Federal Court also…