Facts
The appellant [X.] was sentenced by the High Court of the Canton of Aargau to a custodial sentence of 5 years for commercial theft, commercial fraud, multiple criminal damage, multiple trespass, multiple forgery of documents and receiving stolen goods. He filed a complaint with the FSCA and requested to be acquitted of the charges of commercial theft, multiple criminal damage, multiple trespass, multiple forgery of documents, commercial fraud and fraudulent bankruptcy.
Considerations
The FSCA quashed the conviction for commercial fraud, as the requirements for the assumption of commerciality were not met. The appellant's intention was merely directed towards the financing of construction and not towards the generation of a continuous income. Otherwise, the FSCA dismissed the complaint.
The FSCA justified its decision by stating that the appellant's factual objections did not meet the high requirements for justification and that no arbitrariness was discernible in the assessment of evidence by the lower instance. With regard to the conviction for commercial theft, the FSCA considered the requirements to be met, as the thefts served to…