Facts
The Federal Court had to rule on a case in which a group of young people, mostly members of the "homes campaign" or sympathizers, carried out a "visit action" in the Uitikon education facility on September 26, 1971. During this action, there were clashes with the facility's staff and the police, and 17 wards escaped. The escaped wards then met with members of the "homes campaign" and were accommodated by them in different locations in Zurich and its surroundings. The appellant, X., was contacted by an unknown "educator" of the wards and was asked to help with the accommodation of the wards. X. provided the wards with a place to stay in a house in Tenniken and helped organize a television broadcast in which the wards presented their concerns to the public.
The Zurich district court found X. guilty of abetting and abduction and detention of minors, and sentenced him to 14 days in prison. The Higher Court of the Canton of Zurich upheld the guilty verdict, but reduced the prison sentence to 7 days. X. filed a federal appeal for annulment and requested acquittal.
Considerations
The Federal Court examined the case and came to the following conclusion: the appellant fulfilled the objective elements of art. 220 SCC in providing shelter to the wards and thus removing them from parental or guardianship authority. The appellant also fulfilled the subjective elements of art. 220 SCC, having acted knowingly and with the intention of removing the wards from the holders of parental or guardianship authority.
The Federal Court also examined the complaint…