Facts
This decision of the Swiss Federal Tribunal concerns three persons, X., [Y.] and [Z.], who were convicted of gang theft and theft with violence. The main facts are as follows: - X. and [Z.] argued that according to the case law of the Federal Tribunal (ATF 100 IV 222), the classification of gang theft requires that the perpetrators had the intention to commit a plurality of thefts and robberies. However, they would have only participated in a single theft with violence, without having planned other similar acts. - The court rejected this argument, considering that according to Art. 139 para. 2 cl. 3 SCC, theft is classified as committed by a gang as soon as the perpetrators have associated to repeatedly commit thefts or robberies, without a plurality of these acts being necessary. - X. and [Y.] also contested the refusal of the cantonal court to place them in a work education home in application of Art. 100bis para. 1 SCC. The court considered that this measure was not necessary in the case of X., given his stable professional career. However, it ruled that the measure should have been ordered for [Y.], due to his idleness and professional instability, but refused on the grounds that there was no suitable closed institution for his profile.Considerations
The decision of the Federal Tribunal can be summarized as follows: 1. The classification of gang theft does not require that the perpetrators had the intention to commit a plurality of thefts and robberies, but only that they have associated to repeatedly commit thefts or robberies, even if a single act has been carried out. 2. Regarding the measure of internment in a work education home: -…