Decision on the Assessment of Evidence by the Judge

Facts

This case concerns a nullity appeal filed by the public prosecutor's office of the canton of Appenzell Outer Rhodes against an acquittal judgment rendered by the lower court against X.

The lower court acquitted the defendant due to insufficient evidence. The public prosecutor's office argues that the lower court would have violated Arts. 249 and 251 of the Federal Code of Criminal Procedure (CrimPC) in its assessment of the evidence.

Considerations

The Federal Tribunal dismisses the public prosecutor's nullity appeal. It considers that the lower court did not violate the principle of free assessment of evidence provided for in Art. 249 CrimPC, even if its conclusions regarding the credibility of the main witness could be qualified as arbitrary.

Indeed, Art. 249 CrimPC only prohibits the judge from basing himself on legal rules of evidence that would exclude his own evaluation of the probative value of the means of evidence. As long as the judge bases himself on his personal conviction, there is no violation of this provision, even if his…