Facts
[H.] did not respond to the summons from the civil protection organization of the city of Bern for the introductory course on May 2 and 3, 1985; he informed them that he would not comply with any future summons.
The Cantonal Court of the Canton of Bern convicted him on June 3, 1986, on appeal by the public prosecutor's office, for a serious violation of the Civil Protection Act, to 30 days of unconditional imprisonment.
[H.] filed a nullity appeal seeking the annulment of the judgment of the Cantonal Court and the remand of the case for a new trial.
Considerations
The SFC considers that H.'s conduct undoubtedly constitutes a serious case within the meaning of Art. 84 para. 2 of the Federal Civil Protection Act (LPCi). Although he only disobeyed one summons, for a 2-day introductory course, his categorical refusal to perform any future civil protection service obligation reveals a particularly intense criminal intent and a particularly reprehensible attitude towards the community, justifying a more severe sentence.
The SFC rejects H.'s argument that he acted on grounds of conscience and that, therefore, he should be judged according to Art. 81 para. 2 of the Military Service Act (LSM), which provides for a more lenient sentence. Indeed, the refusal to perform civil protection…