Latest Judgments of the Federal Supreme Court
Here you will find the most recent judgments of the Federal Supreme Court (BGer) from bger.ch. For the first three judgments, we present detailed summaries with facts, considerations, and dispositives. For the further judgments, you will find a summary of the facts in each case. The full summaries of all judgments are available on the Lexplorer portal. There you can configure your newsletter and receive the latest judgments individually tailored to your legal fields.
6B_211/2024: Judgment concerning false testimony and procedural fairness
Summary of the Facts
The appellant, A.________, was accused of falsely accusing the brothers B.B.________ and C.B.________ of serious crimes and of having made untrue statements as a witness. The brothers were largely acquitted of the allegations brought against them in a separate proceeding. The Cantonal Court of Aargau found the appellant guilty of false testimony, relying as evidence also on a previous court witness statement made by the appellant.
Summary of the Considerations
The lower court was entitled to use the protocol of the police and judicial interrogations of the appellant, in which she admitted to own false statements. The related complaint was dismissed because Article 158 of the Swiss Code of Criminal Procedure (StPO) was not applicable, as she was not a suspect during the interrogations in question. The admissibility did not violate either the European Convention on Human Rights (ECHR) or Swiss procedural rules. The appellant’s arguments concerning protection against self-incrimination and the burden of proof rule "in dubio pro reo" were rejected. The lower court credibly examined her statement and did not violate any relevant procedural principles. The lower court assessed the credibility of the appellant’s confession in accordance with Article 160 StPO. Her retraction of the statements was considered and weighed in relation to other evidence. The lower court did not act arbitrarily. The appellant did not present a substantiated complaint of arbitrariness.
Summary of the Dispositive
The proceedings ended with the dismissal of the appeal and the rejection of the request for legal aid, with the court costs being imposed on the appellant.