Questão jurídica principal
Whether the respondent's false monthly declarations to social assistance constituted astute fraud under Art. 146 Swiss Criminal Code.
Decisão extraída
False monthly statements can constitute astute deception even without forged documents or explicit obstruction of checks, if the authority could not reasonably verify the spouse's income and relied on the forms.
Fundamentação extraída
The lower court applied too narrow a conception of astuteness. The decisive question was whether the false information was difficult or unreasonable to verify, and whether the authority could be expected to uncover the concealed income with elementary diligence. The factual findings were insufficient on the available verifications and on the evidentiary value of requested tax and bank documents.