Facts
The case concerns a matter where the defendant was accused of having infringed articles 154 SCC and 38 LMG. The facts of the case are as follows: the defendant placed a product on the market that was both counterfeit and potentially hazardous to health. The issue in dispute was whether the defendant should be punished under both provisions, given that article 154 SCC provides for a more severe penalty than article 38 LMG.
The parties involved in the case are the defendant, the Public Prosecutor's Office of the canton of Zurich, and the Federal Court. The procedure began on 13 May 1955.
Considerations
The Federal Court examined the question of whether articles 154 SCC and 38 LMG are applicable in the case of an intentional offense. Previous case law (BGE 69 IV 112) had concluded that article 38 LMG only applied to cases of non-intentional placement of hazardous products on the market, while intentional cases fell under article 154 SCC.
However, the Federal Court considered that this case law was not founded, as articles 154 SCC and 38 LMG protect different legal interests. Article 154 SCC aims to protect property, while article 38 LMG aims to protect health and life. Consequently, both provisions can be applicable in the case of an intentional offense.
The Federal Court also examined the question of whether the punishment of the defendant under both provisions was in accordance with…