Facts
The District Attorney's Office in Zurich filed charges on January 25, 1954 against Eduard Kuder. He was accused of repeatedly acquiring large quantities of counterfeit banknotes in order to put them into circulation as genuine. Specifically, it is alleged that on August 18, 1952, he received counterfeit $50 notes totaling $10,000 to $20,000 from Karl Koch, and at the end of August/beginning of September 1952, he received further counterfeit notes totaling $20,000 to $30,000, which he immediately passed on to Wolf Oppen so that Oppen could sell the notes as genuine in Germany.
On March 3, 1954, the District Court of Zurich found Kuder guilty of repeatedly acquiring counterfeit money pursuant to Art. 244 paras. 1 and 2 of the Swiss Criminal Code (SCC) and of repeatedly putting counterfeit money into circulation pursuant to Art. 242 para. 1 SCC.
However, on June 15, 1954, the High Court of the Canton of Zurich convicted Kuder only of repeatedly putting counterfeit money into circulation pursuant to Art. 242 SCC, sentencing him to 12 months' imprisonment, less 47 days of pre-trial detention, and a fine of 2,000 Swiss francs. The custodial sentence was suspended on probation for 5 years.
Considerations
The Court of Cassation quashed the judgment of the High Court and remanded the case for re-evaluation by the cantonal authority. It reasoned that the findings of the lower courts did not allow for a review of the application of the law.
The Court of Cassation clarified that the elements of Art. 244 para. 1 SCC (acquiring counterfeit money) can be fulfilled even if the perpetrator immediately passed on the banknotes to…