Conviction for Malicious Denunciation and Military Espionage for the Benefit of a Foreign State

Facts

Kalisch, who worked for the East German intelligence services in West Berlin, settled in Zurich in 1961. He then sent two letters from Zurich, one to the judicial authority in Halle (GDR) and the other directly to Fritz Müller, residing in Leipzig, in which he falsely accused them of military espionage for the benefit of the United States. Subsequently, Kalisch also established close relationships with individuals residing in the Federal Republic of Germany, close to the Western armed forces, with the aim of putting them at the service of the East German intelligence services.

Considerations

The Cantonal Court of Zurich found Kalisch guilty of repeated attempted malicious denunciation (Art. 303 para. 1 and 2 SCC) and repeated military espionage for the benefit of foreign states (Art. 301 no. 1 SCC).

Regarding the malicious denunciation, the Federal Tribunal considers that Art. 303 SCC is not limited to denunciations made to Swiss authorities, but also applies to denunciations made to foreign authorities. Indeed, the interest in the reliability of the criminal justice system is not limited to the national framework, but also extends to the criminal justice of foreign states.

Regarding military espionage, the…