Facts
The Public Prosecutor's Office of the Canton of Lucerne filed an appeal against the judgment of the High Court of the Canton of Lucerne, which had acquitted the respondent [X.] of the charge of multiple qualified misappropriation. The acquittal was justified on the grounds that the use of a police intermediary to convict the respondent should be qualified as a covert investigation within the meaning of the Federal Act on Covert Investigations then in force, and that the findings obtained therefrom were not admissible as evidence due to the lack of judicial approval.Considerations
The Federal Court upheld the appeal of the Public Prosecutor's Office. It concluded that the use of the police intermediary did not constitute a covert investigation within the meaning of the Federal Act on Covert Investigations. The police intermediary had merely handed over a belly bag with cash to the on-duty respondent, without in any way influencing her will or decision to commit the act. The essential criterion of "establishing…