Kernrechtsfrage
Whether the conviction for attempted impossible receiving of watches was lawful
Extrahierter Entscheid
The conviction was compatible with federal law because the defendant had begun execution and had represented a potentially delictual origin of the watches; the distinction between attempt and impossible attempt was not decisive here.
Extrahierte Begründung
The watches could objectively have been the object of a property offence; the defendant acquired them cheaply, intended resale, and accepted the risk of illicit origin. Under the current law, both forms are punishable with the same mitigation.