Facts
The Federal Court had to decide on a case in which the appellant [X.] was convicted of qualified breaches of the Narcotics Act (NarcA) and of failing to surrender documents or control plates. The appellant was sentenced by the District Court of Bremgarten on 4 December 2008 to 2 years' imprisonment and a fine of 300 francs. The High Court of the Canton of Aargau dismissed the appellant's appeal on 26 May 2009.
The appellant requested in a criminal complaint that he be acquitted of these two charges. He complained of a violation of the principle of indictment and argued that the indictment was not precise enough for him to defend himself effectively.
Considerations
The Federal Court examined the appellant's complaint that the principle of indictment had been violated. It found that the indictment accused the appellant of possessing heroin and that this meant a factual power of control over an object supported by the will to exercise such control. The indictment was precise and unambiguous and the appellant knew what he was being charged with.
The Federal Court also examined the appellant's complaint that the High Court had arbitrarily assumed that he had effectively stored the heroin in his hotel room together with his roommate. It found that the High Court had plausibly and convincingly explained why it considered the statements of [P.] , [Q.] and [R.] to be credible.
The…