Dismissal of the Nullity Complaint against a Judgment for Counterfeiting of Goods and Circulation of Counterfeit Goods

Facts

Farmer Hurni delivered milk to the cheese factory for a period of one and a half years, regularly, and sometimes even daily, adding water to it. Although the motive of pecuniary gain was of little importance in his intention, the cantonal court considered that Hurni was not ready to act towards an indeterminate number of persons. Indeed, according to the findings of the court, Hurni acted only to preserve his prestige within the village community, as the president of the cheese factory and a dominant figure in the village, and not with the aim of deceiving an indeterminate number of consumers.

Considerations

The SCC dismisses the prosecutor's nullity appeal. It considers that the professional ("gewerbsmässig") nature of an offence requires that the perpetrator be ready to act towards an indeterminate number of persons. This is not the case here, since Hurni acted only to preserve his prestige within the village community and not for the purpose of profit.

The fact that the falsified milk could have been resold to an indeterminate…