Facts
The case concerns a father, X, who was convicted of neglecting his maintenance obligations towards his children. The district court of Baden ordered X to pay child support, but he has not fulfilled this obligation since April 1995. The commune, which had advanced the payments, filed a criminal complaint against X in August 1998. The district court of Baden sentenced X to 4 weeks of suspended prison for neglecting his maintenance obligations. X appealed, but the cantonal court of Argovia dismissed his appeal. X then filed a nullity appeal with the SCC.
The key facts are as follows: X was convicted of neglecting his maintenance obligations towards his children, he has not fulfilled the obligation to pay child support since April 1995, the commune filed a criminal complaint against X in August 1998, and X was sentenced to 4 weeks of suspended prison.
Considerations
The SCC dismissed X's nullity appeal. According to Article 217 of the Swiss Criminal Code, a person who does not fulfill their maintenance obligations towards their relatives can be sentenced to imprisonment. The court considered that X had the means to fulfill his maintenance obligations, but he had not taken the necessary measures to do so.
The court also considered that X should have changed jobs to have a sufficient income to fulfill his…