Facts
In a criminal proceeding opened against Karl Grau and his mother-in-law Anita Wolf, the District Court of Interlaken convicted Grau for driving without a valid Swiss driver's license, violation of the RSFNA, and complicity in forgery of documents, and Wolf for forgery of documents. Grau and Wolf appealed the convictions for forgery of documents. The Cantonal Court dismissed the appeals, further finding Grau guilty of attempted complicity, but refrained from punishing him due to his close ties with the beneficiary. Grau and Wolf then filed a nullity appeal with the SCC.Considerations
The SCC considered that complicity within the meaning of Art. 305 SCC is not punishable if the accused also intended to evade criminal prosecution. It therefore remanded the case to the Cantonal Court to examine whether Grau acted with the intention of also evading criminal proceedings.
Regarding the forgery of documents, the SCC ruled that Ms. Bornemann's written declaration constituted a document within the meaning of Art. 251(1) SCC, as it contained information capable of influencing the probative…