Key legal question
Whether Art. 6(4) of the 3 April 1936 Federal Council decree could be applied as a valid criminal provision
Extracted holding
Because the provision threatened imprisonment of one month to one year, it was a criminal offence provision and therefore not legally binding in this form.
Extracted reasoning
A norm that attaches a custodial sentence for intentional conduct must, by its nature, be treated as criminal law. Such a criminal sanction could not be sustained under the applicable legal framework, so the provision was inapplicable.