Dismissal of the appeal for nullity against the acquittal of the accused

Facts

- Francis Jaeger, the manager of the Hélio publishing house in Bernex, created the "COLATOUCLUB" and offered the first 1,000 members a "magnificent numbered special sticker for founding members". The annual subscription of 15 francs covers administrative costs and the mailing of at least 50 advertising stickers. - Jaeger also put on sale a set of 62 crests of the municipalities of Neuchâtel, which could be acquired either by purchasing the complete collection for 31 francs, or by purchasing envelopes at 0.50 francs each, with the possibility of exchange. - Jaeger was acquitted by the District Police Court of Neuchâtel of the charges of infringement of the Ordinance on Liquidations and Similar Operations (OL) and the Federal Act on Lotteries and Professional Betting (LLP). - The Attorney General of the Canton of Neuchâtel appealed for nullity against this judgment before the Federal Tribunal.

Considerations

1. On the charge of infringement of the OL: - The cantonal court considered that there was no retail sale, but rather an affiliation to a club animated by a genuine "animus societatis". The offer of the sticker did not constitute an advantage that could mislead children, but rather a simple advertisement. - The Federal Tribunal rejects the arguments of the Attorney General. The affiliation to the club is not equivalent to a retail sale, and the offer of the sticker, although public and temporary, does not fall under the OL in the absence of a retail sale. 2. On the charge of…