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BGE 8 I 178 ΓÇó Double punishment denied in lottery-ban case
BGE 8 I 178Amtliche Sammlung des Bundesgerichts (BGE) / Band I26.01.1882Dismissed
Jakob Breu challenged a fine imposed by the Appenzell I.Rh. cantonal court for holding a lottery, arguing that he had already been punished in Zurich for collecting for the Austrian lottery and that the second sanction amounted to double punishment. The Federal Court held that the two proceedings concerned different conduct and that it had no competence to review the cantonal court's factual findings or application of cantonal law. The recourse was dismissed, and a court fee was imposed on the appellant.
Art. 59 OG, Art. 62 OG; double punishment and scope of federal review in a cantonal lottery-ban case. A prior sanction for collecting for a lottery does not preclude a later sanction for holding a lottery where the punished acts are distinct. The Federal Court will not examine whether the cantonal court correctly established the facts or applied cantonal criminal law; such review is excluded from its cognizance. Where the recourse is manifestly unfounded, a court fee may be charged to the appellant under Art. 62 OG.