Facts
The respondent [X.] produced a total of 31 one hundred franc notes at his home, using a scanner and an inkjet printer. The notes were smaller in format than genuine one hundred franc notes, and to counterfeit the kinegram, he glued silver paper from cigarette packs onto the notes. Between 29 October and 1 November 2004, he successfully passed 28 of these counterfeit notes in various well-attended restaurants and at parties in central and upper Valais. The remaining three he discarded before the police intervention on 1 November 2004.
As the court of appeal, the Cantonal Court of Valais convicted the respondent on 5 July 2007, among other things, of multiple counterfeiting of currency under Art. 240 para. 2 SCC, to a suspended fine of 150 daily penalty units at CHF 95.-- and a fine of CHF 700.--.
The Federal Prosecutor's Office appealed against this judgment and requested that the respondent be found guilty under Art. 240 para. 1 SCC and sentenced, taking into account the minimum sentence of 1 year's imprisonment.
Considerations
The Federal Supreme Court dismissed the appeal of the Federal Prosecutor's Office. It concluded that a particularly minor case within the meaning of Art. 240 para. 2 SCC was present, as the counterfeiting was easily recognizable to anyone and only a small number of counterfeits with a relatively modest nominal value were produced. The respondent's conduct and the small number and modest nominal value…