Facts
On 23 October 2002, a physical conflict occurred between the defendant and a third party at the used car market in Schlieren. The defendant was arrested on 30 October 2002 and presented himself under a false identity, that of his brother, providing his personal details. This led to his brother being wrongly suspected and questioned by the police on 21 October 2003.
The cantonal court acquitted the defendant of the charges of slander, considering that his behavior did not constitute a verbal accusation within the meaning of Article 303, paragraph 1, of the Swiss Criminal Code (SCC). The public prosecutor of the canton of Zurich appealed against this decision, arguing that the defendant's behavior constituted indirect slander by machinations, within the meaning of Article 303, paragraph 2, SCC.
Considerations
The Court of Cassation examined ex officio and freely all questions of federal law that arose in the context of the contested points of the decision of the last cantonal instance. It considered that presenting oneself under a false identity during an arrest and subsequent police questioning constituted the offense of indirect slander provided for in Article 303, paragraph 1, of the SCC.
The Court estimated that the defendant's behavior, which consisted of presenting himself under his brother's false identity, constituted a cunning machination within the meaning of Article 303, paragraph 2, SCC. This machination aimed to divert suspicion from his own person and direct it…