R v. Public Prosecutor of the Canton of Vaud

No. 6S.59/2003/svc (2003)

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R v. Public Prosecutor of the Canton of Vaud

Swiss Federal Supreme Court
No. 6S.59/2003/svc (2003)

  • Written by Alexander Hager-DeMyer, JD

Facts

T., a Chilean national, established a major drug operation in Switzerland and recruited a former cocaine user, R. (defendant), to be part of the scheme. T. was not a legal resident of Switzerland and was unable to transfer his profits back to his Chilean and Argentinian bank accounts. R. was a Chilean national who held a residence permit for Switzerland. For his role in the operation, R. collected packages, made cocaine sales, and transferred profits from the sales to overseas bank accounts from Switzerland. R. was fully aware of the money’s origin and that it was used to finance T.’s ongoing operation. R. was arrested and convicted of violating the Swiss federal drug law and a money-laundering provision of the Swiss Penal Code. R. was sentenced to a fine, two years in prison, and expulsion from the country for 10 years, with suspension for five years. R. appealed the conviction to the superior penal court, which affirmed the lower court’s judgment. R. appealed to the Swiss Federal Supreme Court, arguing that his transferring of drug money was encompassed under the drug law and could not earn him a conviction for money laundering. R. also appealed the severity of his sentence.

Rule of Law

Issue

Holding and Reasoning ()

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