The appeal of a behaviorally challenged man goes back to the Supreme Court.
Published: Monday, Oct 30th 2023, 12:20
Updated At: Tuesday, Oct 31st 2023, 00:53
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The Schaffhausen Upper Court must once again deal with the case of a man known to the authorities and police. The Federal Court partially accepted his appeal against a sentence of two years' imprisonment. The man is accused of various offenses.
The Schaffhausen Higher Court sentenced the man, among other things, for attempting to use emails, letters and gifts to persuade a former Miss Switzerland to enter into a relationship with him. He threatened the caretaker of his grandmother with sexual violence, parked his car in the street so that the neighbor could not leave, physically attacked an 80-year-old, and destroyed parts of the furnishings of his prison cell.
In a ruling published on Monday, the Federal Court granted the man's appeal in three points and overturned the decision of the lower court. The lower court must now reconsider the case, which could also have an impact on the sentence.
Rights violated.
The Federal Court has ruled that the man's right to confront the evidence was violated in connection with the damage to property in prison. The request to question the prison guard who recorded and documented the damage was rejected in the proceedings.
The Swiss Federal Court has rejected the necessary intensity for the fulfilment of the elements of coercion in relation to attempts to contact a Miss Switzerland. As a result, the five-year contact and exclusion zone ban has also been lifted. Furthermore, the Federal Court found that the lower court had violated the principle of indictment in the accusation of abuse of a telecommunications system (Judgment 6B_1424/2021 of 5 October 2021).
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