Facts
The appellant was convicted by the High Court both for complicity in forgery and for incitement to it. The Federal Supreme Court dealt in this judgment with the question whether the appellant can be punished in addition to the conviction for complicity also for incitement.
The Federal Supreme Court found that the appellant was significantly involved in the creation of the false document by placing the incorrect date on the document and handing it to Ms. Aeberhard for signature. He was therefore rightly convicted as an accomplice.
Regarding the incitement, the Federal Supreme Court concluded that Ms. Aeberhard had decided to commit the act at the request or instigation of the appellant. This is sufficient for incitement, as it is not necessary that the instigator must overcome greater resistance.
Considerations
The Federal Supreme Court stated that the appellant, who was already significantly involved in the resolution, planning, preparation and execution of the offense at the time of the incitement, can only be punished for complicity, but not additionally for incitement.
The prevailing doctrine…