Facts
Walter Meierhofer misled Werner Mühlemann on August 21, 1952, to make him lend 200 francs. On December 10, 1952, Mühlemann then reported Meierhofer to the Zurich municipal police for fraud. On the same day, Meierhofer falsely stated to police officer Kohler that he had immediately lent the 200 francs to Hans Stingelin so that the latter could buy a car. Meierhofer maintained this version of the facts before Kohler on December 13, 1952, and even agreed that Kohler file a complaint for fraud against Stingelin. However, on February 7, 1953, when confronted with Stingelin by the district prosecutor, Meierhofer admitted that he had not lent money to Stingelin but had used the 200 francs received from Mühlemann to buy a lamp.
On October 23, 1953, the Supreme Court of the Canton of Zurich found Meierhofer guilty of fraud (Art. 148 para. 1 SCC) and malicious denunciation (Art. 303 no. 1 para. 1 SCC), and sentenced him to six months' imprisonment in addition to a previous sentence of two months' imprisonment in another case.
Considerations
The Court of Cassation dismisses Meierhofer's appeal. Although Meierhofer claims that he did not act with the intention of initiating criminal proceedings against Stingelin, but only to exculpate himself from the suspicion of having defrauded Mühlemann, the Court considers that the intent required by Art. 303 no. 1 SCC does not require a particular motive. It is sufficient that the perpetrator has wanted, even if only potentially, to initiate criminal proceedings against an innocent person.
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