Requirement of motivation with regard to deceit in cases of serial fraud

Facts

The case concerns an individual, [T.], who was found guilty of several counts, including fraud and attempted fraud, by the Canton of Zurich Court. The accused was sentenced to three and a half years in prison and a fine of 1,000 Swiss francs. [T.] filed an appeal with the FCJA, requesting the annulment of the decision and the referral of the case to the cantonal jurisdiction to be acquitted of the fraud charges.

The facts of the case are as follows: [T.] committed a series of frauds in 37 individual cases, using a similar modus operandi in each case. The cantonal jurisdiction examined the charge of deceit in general, then examined the individual cases to determine if deceit was present in each case.

Considerations

The FCJA examined the question of whether the cantonal jurisdiction had correctly applied federal law with regard to the requirement of motivation with regard to deceit in cases of serial fraud. The Court considered that the realization of the constituent element of deceit must be controllable for each case, even when it comes to serial frauds.

The Court also considered that the cantonal jurisdiction had correctly applied federal law with regard to the requirement of motivation with regard to deceit, insofar as it had examined the charge of deceit in general, then examined the individual cases to determine if deceit was present in each case.

However, the Court…