Facts
R.F. and his wife H.F. organized approximately 10 trips to Amsterdam between September 1994 and March 1995, during which they purchased a total of approximately 21,500 to 22,000 Ecstasy pills. They then resold these pills in Switzerland to Z., B. and H. On 17/18 June 1996, the District Court of Baden convicted R.F. of drug trafficking as part of a group and on a professional basis, sentencing him to 3 years and 1/4 of imprisonment. On appeal, the Cantonal Court of Aargau reduced the sentence to 2 years and 1/2 of imprisonment on 23 October 1997. R.F. filed a nullity appeal against this judgment.Considerations
The SCC dismisses the appeal to the extent that it is admissible.
Firstly, Ecstasy is considered a narcotic substance within the meaning of the NarcA. Although it is a new class of psychotropic substances known as "entactogens", Ecstasy has effects similar to those of central stimulants and hallucinogens, and is therefore covered by Art. 1 para. 3 let. d NarcA. Its inclusion by the FOPH in the list of prohibited substances does not violate the principle of "nulla poena sine lege".
Secondly, the cantonal judges were right to consider the group character within the meaning of Art. 19 no. 2 let. b NarcA.…