Re Mehling

JurisdictionSuiza
CourtCourt of Cassation (Switzerland)
Docket NumberCase No. 168
Switzerland, Upper Court of the Canton of Zürich.
Court of Cassation of the Canton of Zürich.
Case No. 168
In re Mehling.

Extradition — Conditions of — Grant of Extradition — Whether to De Interpreted by the Law of the Extraditing State — Locus delicti commissi under French Law with regard to Offences Committed at a Distance — Fraud — The General Rule of International Criminal Law in the Matter.

The Facts.—This was a prosecution for fraud. The false representations constituting the fraud were made partly in Zürich (Switzerland) and partly in Graz (Austria). Some of the payments made by the defrauded persons were effected in cash at Graz; others were effected by transfer from Zürich to Graz. While residing in France the accused was extradited by the French Government to the Zürich authorities on account of “escroqueries commises à Zürich.” The accused now contended that the Zürich Courts had no jurisdiction in respect of the false representations made in Graz.

Held (by the Zürich Court of Cassation, in conformity with the decision of the Court below): that Swiss Courts could not prosecute the accused for false representations made abroad. The decisive question was on what grounds France had granted the extradition of the accused to the Zürich judiciary and what meaning French law attributed to the expression “escroqueries commises à Zürich.” The meaning of that expression must be determined according to French law and not according to the law of the country to which the criminal was extradited. However, owing to the fact that French statutes did not refer specially to this point, it could not be definitely stated what view French law took as to the locus delicti commissi in regard to a fraud committed at a distance. The Court referred here to Roux, Cours de Droit pénal et de Procédure pénale (1920), p. 513, and Kitzinger, Vergleichende Darstellung des deutschen und ausländischen...

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