Forgery of documents by officials - Lack of intent to deceive

Facts

The present case concerned the conviction of Demuth and Huggler for forgery of documents by officials pursuant to Art. 317 para. 1 of the Swiss Criminal Code. Demuth was the chief pilot and technical director of Heliswiss, while Huggler was the head of section at the Federal Office of Civil Aviation.

In the context of a training course for aircraft inspectors on helicopters, which the Federal Office of Civil Aviation conducted in cooperation with Heliswiss, the two employees Litzler and Widmer had passed the theoretical examinations. Demuth informed Huggler that in his opinion Litzler and Widmer no longer needed to take the practical examination, as they had already proven their skills during the course. Huggler agreed, but insisted on a written assessment of the candidates by the examiner. Thereupon, Demuth made a subsequent assessment of the two candidates and forwarded the signed form to Huggler, whereupon Litzler and Widmer received the certificate for aircraft inspectors without having taken the practical examination.

Considerations

The Federal Supreme Court held that for intentional forgery of documents under Art. 317 para. 1 of the Swiss Criminal Code, the intent to deceive in legal transactions is an essential element of the intent. The lower court had rightly assumed that the defendants lacked this intent to deceive.

Although Demuth and Huggler had knowingly drafted a document…