Facts
Kurt Stettler participated in May and June 1970 in two "snowball" operations organized by Mr. Spandl in Bregenz. These operations, which promised significant gains to participants, were qualified as prohibited lotteries by the SCC. Stettler was convicted by the Cantonal Court of Berne for having contributed to the implementation of these prohibited lotteries.Considerations
The SCC considers that participation in a "snowball" operation, by complying with the rules set by the organizers, does not constitute a simple investment but contributes to the realization of a prohibited lottery. Thus, the participants are punishable as perpetrators, regardless of the responsibility of the organizer.
Furthermore, the gains obtained through participation in such an operation are acquired by the State under Article 59…