الإجراءات طويلة جداً يجب تخفيض العقوبة على المحتالين في قضايا الاحتيال الوريدي
Published: Wednesday, May 1st 2024, 12:20
العودة إلى البث المباشر
The Cantonal Court of Basel-Landschaft must reduce the sentence for an IV fraudster because the criminal proceedings took far too long. This was decided by the Federal Supreme Court. The man deceived doctors and authorities about his state of health, but spent his time building a large biotope and was involved in a music club.
In June 2022, the cantonal court sentenced the man to three years and four months' imprisonment and a conditional fine of 50 daily rates for commercial and simple fraud.
He had received benefits of around CHF 570,000 between 2004 and 2013 because he had been declared unfit for work. This is the result of a ruling by the Federal Supreme Court published on Wednesday.
The man simulated a clinical picture with muscle twitching in his legs and postural disturbances. According to the expert opinion, certain symptoms were actually present, but the man exaggerated and mimed a worsening condition.
Appraisal made impossible
For a long time, he made it impossible to obtain an expert opinion due to constant, fictitious moves. An observation brought to light the discrepancy between the illness described and the man's actual life, as the Federal Court explained. Among other things, he had been involved in a leading role in a musical ensemble.
The highest Swiss court only upheld the complainant's complaint regarding the length of the prison sentence. Contrary to the opinion of the lower court, the so-called acceleration requirement was violated. At eight years, the proceedings had taken a very long time. Two years had passed between the first instance decision and its written justification, which was far too long.
The long duration of the proceedings has an impact on the sentence. The case therefore goes back to the cantonal court. (Judgment 7B_454/2023 of 27.3.2024)
©كيستون/إسدا
Arabic 
English 
German 
French 
Spanish