Facts

Parties:

  • Appellant: [A.] , represented by attorney Daniel Albietz
  • Respondent: Public Prosecutor's Office of the Canton of Aargau

Subject: Forgery of official stamps; principle of accusation, arbitrariness

Lower Court: Higher Court of the Canton of Aargau, Criminal Court, 2nd Chamber, judgment of 3 September 2024 (SST.2024.95)

Facts:

  • On 15 March 2024, the single judge of the District Court of Rheinfelden acquitted [A.] of the charge of forgery of official stamps.
  • On 3 September 2024, the Higher Court of the Canton of Aargau found [A.] guilty of forgery of official stamps and sentenced him to a conditional fine of 20 day-fines of CHF 70 each and a penalty of CHF 300 or five days' substitute custodial sentence in the event of non-payment.
  • [A.] filed an appeal in criminal matters and requested the setting aside of the judgment of the Higher Court.

Main allegation: [A.] allegedly manipulated a motorway vignette by first attaching it to the windscreen of his vehicle with double-sided adhesive film and then with a "permanent adhesive," thereby invalidating the vignette.

Considerations

The appellant complains of a violation of the principle of accusation, as the penal order neither cites the relevant provision of Art. 7 para. 4 lit. a of the National Road Traffic Act (VignettA) nor contains any explanations regarding the subjective elements of the offense. The Federal Supreme Court finds that the penal order sufficiently concretized the charge, allowing the appellant to properly prepare his defense. The lower court correctly assessed the facts within the framework of evidence evaluation, deviating from the penal order without violating the principle of accusation.

The appellant challenges the conviction for forgery of official stamps under Art. 245 SCC. 1 SCC. The Federal Supreme Court confirms that the manipulation of the vignette by the appellant constitutes a falsification under Art. 245 SCC. 1 para. 1 SCC. The vignette was invalidated by the manipulation, and the appellant gave it the appearance of validity, which is constitutive of the offense.

The appellant…