Following the fraud, a suspect has been detained for months… wrongly!
Earlier this summer, four individuals were tried for defrauding the casino in Lucerne in April 2019. However, today we learn that there was a loophole at the time of sentencing. One of the accused was wrongly remanded in custody for almost three months. The latter is even entitled to demand moral reparation! Deciphering.
Fraud in Lucerne: the casino can not prove the involvement of one of the swindlers
One of the suspects potentially involved in the scam suffered by the casino of Lucerne in April 2019 is wrongfully detained for several months. The canton of the small Swiss town may even have to pay him compensation! Indeed, if the public prosecutor’s office of Lucerne is convinced that the individual was involved in the fraud in question, it has no evidence to prove it.
As a reminder, the four scammers had manipulated a roulette table at the Lucerne casino, which had earned them nearly 30 000 Swiss francs. One of the accomplices had placed very thin metal sheets on the lucky numbers. This allowed the ball to bounce more easily to the targeted numbers. Although the technique was not 100% effective, it was still reliable enough to make the swindlers a tidy sum.
To date, two of the suspects have spent 93 days behind bars. The public prosecutor’s office in Lucerne has charged them with fraud and misuse of a computer system. In addition, one of the men was tried for fraud and must serve a suspended sentence of 125 days’ fine (30 Swiss francs per week) and pay a fine of 960 francs. The 30,000 francs stolen from the casino in Lucerne were of course returned to him.
A timely ban on gambling, a stroke of luck!
However, to everyone’s surprise, following the convictions of his fellow criminals, one of the accomplices was acquitted! Indeed, at first, the court of Lucerne did not retain the accusation of misuse of a data processing facility, justifying that it was not the electronic terminal that was manipulated, but the physical roulette table.
Furthermore, the accomplice who allegedly rigged the roulette wheel could never have done so because investigators learned rather late in the day that the wheel is banned from gambling ! As a result, he was most certainly denied access to the casino. As the judgment of the Lucerne court explains, the man in question did have suspicious objects in his possession, but these do not constitute evidence in themselves.
Consequently, even if the judgment is not final, and even if the convictions can be appealed, the individual who has been wrongfully convicted within the meaning of the law is entitled to claim compensation for the moral prejudice suffered. In fact, the latter can demand 4,650 francs, i.e. 20 Swiss francs more per day than the sentence he was supposed to serve.