Posted on9. June 2022, 12:50
“Stealing” does not fall within the scope of the offense of “desecration”. On this point, the Federal Supreme Court confirmed two decisions from the cantons of Zurich and Basel-Landschaft.
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As the Federal Supreme Court announced on Thursday, under current law, “theft” cannot be punished as “defamation.”
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On this point, the Federal Supreme Court confirmed two decisions from the cantons of Zurich and Basel-Landschaft.
20 min / Celia Nogler
In the Zurich case, the accused man removed the condom after commencing intercourse without the knowledge of the sexual partner and contrary to a prior agreement, and continued intercourse. He was accused of desecration for what he termed “theft.” In 2019, the Higher Court of the Canton of Zurich upheld the acquittal of the District Court of Bülach in the first instance. In the second case, the defendant was also acquitted of the charge of profanation by the cantonal court of the Basel-Landschaft canton in 2019.
The Federal Supreme Court dismissed the appeals of the cantonal prosecutors’ offices in so far as they concerned the acquittal of the charge of profanation. It accepts complaints so much that, in both cases, the lower courts will also have to investigate whether there has been sexual harassment.
Revision of the sexual criminal law against him as well
As the decision goes on to say, the ongoing revision of the sexual criminal law also opposes the recognition of “theft” under applicable law as a profanation. It would mean not only the interpretation of the penal norm formulated by the legislator, but also the extension of the current scope of criminal protection.
As proposed by the Council of State’s Legal Affairs Committee, unexpected sexual acts as well as “concealment” constellations should in the future be subject to the new fundamental crimes of “sexual assault” or “rape”.
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