Latest Judgments of the Federal Court
Here you will find the most recent judgments of the Federal Court (BGer) from bger.ch. For the first three judgments, we present detailed summaries with facts, considerations, and dispositions. For the other judgments, you will find a summary of the facts. The complete summaries of all judgments are available on the portal of Lexplorer. There you can configure your newsletter and receive the latest judgments tailored to your areas of law.
6B_330/2024: Judgment of the Federal Court on Sexual Offenses against Children
Summary of the Facts
The appellant A.________ was convicted by the Dorneck-Thierstein District Court for multiple sexual acts with a child and hard pornography and received a conditional prison sentence of eight months as well as a fine. He was also permanently excluded from any activities involving children. After an appeal, he was sentenced on January 29, 2024, by the Higher Court of the Canton of Solothurn to a prison sentence of 14 months for multiple acts of sexual assault and sexual acts with a child; here too, he was granted conditional execution for eight months and probation assistance was ordered. A.________ touched a four- to five-year-old girl in the intimate area over her underwear from December 2019 to July 2020 and requested the annulment of the judgment, as well as an acquittal of the charges.
Summary of the Considerations
1. The appellant contests the conviction for multiple sexual acts and denies the qualification as a sexual act. 1.2. The lower court found that the actions were clearly sexual in nature and thus fulfilled the requirements of Art. 187 of the Penal Code. 1.4. Even with low intensity of contact, the sexual nature of the act is present. 2. The appellant questions the judgment capacity of the child and his intent. 2.2. The judgment states that the victim was unable to categorize the act, which justifies the qualification of sexual assault under Art. 191 of the Penal Code. 2.4. The lower court adequately assessed the incapacity to judge and the direct intent of the appellant. 3. The sentencing finds sufficient justification within the discretion of the lower court. No punishment was imposed that was not necessary to deter further offenses. The lower court adhered to federal law.
Summary of the Disposition
The appeal was dismissed and the court costs were imposed.