Kernrechtsfrage
Whether Art. 172ter CP can be applied differently to minors because of their age and financial situation.
Extrahierter Entscheid
Art. 172ter CP applies uniformly and objectively; the CHF 300 threshold for items of little value is not lowered for minors.
Extrahierte Begründung
The court held that market value is the only relevant criterion and that the threshold established by case law applies generally. Under the Juvenile Criminal Law, the minor's age and development may favor the minor, so an interpretation that allows conviction of a minor where no prosecution would be possible against an adult violates federal law.