The Federal court has confirmed the conviction of a woman from Somalia, which left the crop before arrival in Switzerland, her two daughters. The objection of the wife, what you didn't know that you Do is a punishable offence, the Lausanne judges do not apply.
The Federal court confirmed on Friday published judgment the decision of the cantonal court of new castle. This one had condemned the woman because of female genital mutilation to a conditional sentence of eight months.
The woman was with her four children in November 2015 within the framework of a family reunification in Switzerland entered the country. About two years before, they had to curtail their then six and seven year old daughters in Mogadiscio/Somalia.
As the Federal court pointed out in its lead decision, it does not matter that the deed was committed abroad, and the woman had no relation to Switzerland. According to article 124 of the criminal code female genital mutilation is also punishable when the act is committed abroad, the offender is in Switzerland and not extradited.
The legislature has targeted, according to Federal court with his obligation for the purposes of the General prevention to the greatest possible Repression. The Federal Council had stressed in its opinion that the prosecution could not also apply to persons who are settled in Switzerland or, at most, only passing through.
on The so-called universality principle-based regulation find in other criminal provisions, such as forced marriage, application. Do not apply to the Federal court, the Argument of the Convict that she had not been aware that what they Do is illegal. Whether the woman the prohibition of female circumcision in the Somali Constitution is known, plays for the court a decisive role.
It is based to the fact that the circumcisions have taken place in a home. In addition, the woman had not said that this practice was "good", as it says in the judgment of the Federal court. The Condemned had to be at least not a good feeling and could, therefore, inform. The mistake was so avoidable. (Judgment 6B_77/2019 from the 11.02.2019)
Created: 22.02.2019, 12:00 PM