Facts
[A.], [B.], [C.] and [D.] were convicted by the Criminal Court of the Canton of Thurgau for acts related to illegal abortions. The convicted persons filed a nullity appeal, requesting the annulment of the judgment due to the non-application of Article 64 last paragraph of the Swiss Criminal Code (SCC) and, in the case of [A.], of Article 100 number 1 paragraph 2 SCC.
[A.] had an abortion at the end of August or September 1959, when she was not yet 19 years old, by an abortionist in Kreuzlingen. [B.] underwent an intervention in August 1959 that resulted in the expulsion of a two-month-old fetus. [C.] had put [B.] in contact with the abortionist. [D.] had a soap solution injected into the uterus in August 1959, without an abortion taking place.
Considerations
The Cassation Court rejects the nullity appeal.
Regarding Article 64 last paragraph SCC, the Court considers that the shortened two-year prescription period provided for abortion offenses (Articles 118 and 119 number 1 SCC) does not allow for the consideration that "a relatively long time" has elapsed within the meaning of this provision, contrary to what is required for a mitigation of the sentence.
Regarding Article 100 number 1…