Facts
The appellant [X.] was sentenced by the High Court of the Canton of Bern to a prison term of 3 months and 10 days for aggravated theft and money laundering. The offense consisted in the appellant having taken over and forwarded a stolen check for DM 1.74 million, although he must have assumed that the check originated from a criminal act.
The check had originally been issued by company [A. GmbH] in Burscheid/D and was intended to be delivered to company [B. GmbH] in Karlstadt/D. However, the check went missing in the mail and eventually came into the hands of the appellant, who forwarded it.
The High Court of the Canton of Bern found the appellant guilty of aggravated theft and money laundering and sentenced him to a prison term. The appellant lodged an appeal with the Federal Supreme Court and requested that the judgment be set aside and the case be remanded to the lower court.
Considerations
The Federal Supreme Court examined the appeal and came to the conclusion that the lower court had correctly established the facts and that the application of the law was not objectionable. In particular, it was found that the appellant had reckoned with the fact that the check originated from a criminal act and that he knew or should have known of the delictual origin of the check.
The Federal Supreme Court also dismissed the complaint that the underlying offense had only been completed, but not consummated. It was found that the theft of the check had…