Facts

The case concerns Gabriel Perroud, who acquired counterfeit banknotes in England and put them into circulation in France and Switzerland. He was convicted of acquiring, importing, and storing counterfeit money, of putting counterfeit money into circulation, and of fraud. The Valais Cantonal Court upheld the conviction, but Perroud filed an appeal with the Federal Court.

The key facts are as follows

  • Perroud bought eight counterfeit $100 bills for 800 fr.
  • He put four bills into circulation in France and gave three to his companion.
  • He was sentenced to four months in prison for the aforementioned offenses.
  • The Cantonal Court upheld the conviction, but reduced the sentence to three years in prison and four months in jail.

Considerations

The Federal Court examined the question of whether Article 242 para. 1 SCC (putting counterfeit money into circulation) and Article 148 SCC (fraud) are in ideal or imperfect concurrence. The Court considered that Article 242 para. 1 SCC is in an analogous relationship to that between Article 148 SCC and Article 154 SCC.

The Court also examined the case law on the relationship between Articles 154 and 148 SCC, which establishes that Article 154 SCC is a special provision with respect to Article 148 SCC in the matter of putting goods into circulation. The Court applied this case law to Article 242 SCC, considering that putting counterfeit money into circulation almost always implies an intention to enrich oneself and cause damage.

The Court concluded…