Questão jurídica principal
Whether the appellate court had to examine ex officio the effect of foreign-law territorial rules and lex mitior for the London conduct in complex A.
Decisão extraída
The court failed to address whether the London acts had to be assessed under former Art. 6 aStGB or current Art. 7 StGB, including the impact of the law of the place of commission on punishment.
Fundamentação extraída
In foreign-offence cases by Swiss nationals, the court must ex officio assess the territorial scope of Swiss criminal law and whether foreign law is milder or relevantly affects the sentence. The appellate court gave no such reasoning, violating the duty to state reasons and the right to be heard.