Facts
The case concerns Ernst Weiss, whose driver's license was revoked in 1972. In 1973, he sold his car to his son Peter, who was interned in a psychiatric clinic. During his hospitalization, the doctors entrusted the car keys to Ernst Weiss. Subsequently, Ernst Weiss used the car several times without authorization. The court of first instance convicted him of vehicle misappropriation for use and driving without a license. The court of appeal overturned the conviction for misappropriation, but confirmed the conviction for driving without a license.
The public prosecutor's office of the canton of Basel-Country filed a nullity appeal, requesting the annulment of the court of appeal's decision and the conviction of Ernst Weiss for vehicle misappropriation for use. Ernst Weiss requested the dismissal of the appeal.
Considerations
The Federal Court examined the question of whether Ernst Weiss had committed vehicle misappropriation for use or whether he had simply used an entrusted vehicle without authorization. The court considered that vehicle misappropriation for use implies a breach of possession and a taking of possession by the perpetrator, which was not the case in this matter.
The court also examined the issue of trust and the perpetrator's responsibility. It considered that trust is an essential element in relationships between individuals and that the perpetrator's responsibility must be assessed based on the trust placed in him. In this case, the court…