Questão jurídica principal
Whether simple bodily harm committed on board a Swiss aircraft during a stopover abroad falls under Swiss criminal law and Swiss jurisdiction.
Decisão extraída
Yes. The act was committed on board a Swiss aircraft outside Switzerland, so Swiss criminal law applied under the flag principle and Swiss jurisdiction existed.
Fundamentação extraída
Art. 97(1) LFG governs offenses committed on board Swiss aircraft abroad. Art. 11(3) LFG does not apply to criminal-law assessment because Art. 11(4) reserves the special rules on the territorial scope of criminal provisions. The presence of open doors during the stopover did not change that the offense was committed 'on board'.