Kernrechtsfrage
Whether the defendant could be punished for instigating a notary to forge a public deed despite a prior non-lieu against the notary
Extrahierter Entscheid
Yes. A prior non-lieu against the principal does not bar punishment of the instigator if the principal's conduct was objectively unlawful and the non-lieu is not definitive.
Extrahierte Begründung
The court adopted limited accessory liability: instigation requires only an unlawful principal act, not a prior conviction. The cantonal finding that the notary knew the deed was false was factual and binding; thus art. 317 CP was objectively realized.