Facts
G. was found guilty by the Criminal Court of Basel-Stadt of attempted circulation of counterfeit money pursuant to Art. 242 para. 1 in conjunction with Art. 21 para. 1 of the Swiss Criminal Code (StGB) and sentenced to 10 months' imprisonment, suspended. The Court of Appeal of the Canton of Basel-Stadt upheld the first-instance judgment.
G. filed a federal nullity appeal, requesting that the judgment be set aside and that he be acquitted of the charge of attempted circulation of counterfeit money, or alternatively, that he be convicted of complicity in attempted circulation of counterfeit money and sentenced to a reduced sentence of no more than three months' imprisonment, and that the case be remanded to the lower court.
Considerations
The Federal Supreme Court held that the handover of counterfeit money to an accomplice, with the acceptance that this person or another would circulate it as genuine money, does not in itself constitute an attempt to circulate counterfeit money under Art. 242 para. 1 StGB. The person handing over the money can only be punished under this provision if they have participated as a co-perpetrator or accomplice in the criminal offense of another.
In the present case, however, no one has at least attempted to circulate the counterfeit money as genuine money. The conduct…