Facts
The case concerns a fraud case in a TV game show, where the defendants used a trick to manipulate the game and obtain a financial gain. The facts took place in 1996 and 1998, during two episodes of the TV game show 'Risiko' broadcast on the Swiss television channel DRS.
The defendants, X., Y. and Z., devised a plan to manipulate the game by obtaining the answers to the questions before the broadcast of the show. They used a combination of means to obtain these answers, including posing as media science students and asking to attend the general rehearsal of the show.
During the rehearsal, they memorized the answers and noted them down on papers, which they then hid in predetermined places. On the day of the show, Y. retrieved the answers and used them to answer the questions correctly, which allowed him to win a significant amount of money.
The defendants repeated this scheme in 1998, with X. as the candidate this time. However, the show's organizers discovered their stratagem and did not pay out the winnings.
The defendants were convicted of fraud and appealed. The Federal Court dismissed their appeal, considering that the defendants had acted with trickery and intention to harm, and that their behavior had caused financial harm to the show's organizers.
Considerations
The Federal Court considered that the defendants had acted with trickery, using a combination of means to obtain the answers to the questions and manipulate the game. It also considered that the defendants had acted with intention to harm, as they were aware that their behavior was contrary to the rules of the game and would cause financial harm to the organizers.
The Federal Court also examined the question of whether the defendants had caused financial harm to the show's organizers. It considered that the organizers had suffered harm, as they had paid out…