Facts
The case concerns an individual, X., who was found guilty of attempted fraud and false statement to the justice by the Cantonal Court of the canton of Thurgau. X. had concluded a leasing contract for a vehicle and had then falsely declared to the insurer that the vehicle had been stolen, with the aim of releasing himself from the payment of periodic fees. The Federal Court was seized of the case and examined the facts and legal arguments.
The key facts are as follows: X. had concluded a leasing contract for a vehicle and had taken out comprehensive insurance. He then falsely declared to the insurer that the vehicle had been stolen, with the aim of releasing himself from the payment of periodic fees. The insurer conducted an investigation and discovered that the theft report was false.
The legal issue at stake is whether X. can be found guilty of fraud, while the enrichment and damage are not directly related. The Federal Court examined the provisions of the Swiss Criminal Code (SCC) and interpreted them in the light of the facts of the case.
Considerations
The Federal Court examined the provisions of the Swiss Criminal Code (SCC) and found that fraud requires a material identity between enrichment and damage. This means that the damage suffered by the victim must correspond to the enrichment obtained by the perpetrator of the offense.
The Court also examined the facts of the case and found that X. had not acted with the intention of enriching himself directly, but rather to release himself from the payment of periodic fees. The Court therefore concluded that the material identity between enrichment and damage was not established.
The Court also examined the…