A 29-year-old fraudster did not convince three Zurich district judges with her statements. An abbreviated procedure has burst. The case has been referred to the prosecutor’s office.
The accused is a 29-year-old Austrian. She admits to being a multiple scammer. In October 2019, in front of a Migros branch in Zurich, she spoke to a young, mentally ill woman who had suffered from panic attacks and schizophrenia since she was young. The Austrian told her that she was a healer, had psychic powers and could help her. She gave the young woman medicinal herbs to bathe in and promised to pray for her regularly and to protect her from evil.
According to the indictment, the accused recognized the woman as an easy victim because of uncontrolled convulsions, a stare and great reluctance. On the same day, the two went to a bank branch, the victim withdrew 3,000 francs in cash and left it to the perpetrator.
A few days later, the two met in a park. The Austrian lit a candle and prayed to God that the demons would kindly leave the young woman alone. She wrapped a raw egg in a cloth and pressed it onto her victim’s chest, breaking it. That worked. The victim again withdrew 6,000 francs from the bank. At a third meeting, there were even 9,000 francs, so that the scammer’s entire foray brought in 18,000 francs.
It is an abbreviated procedure, normally such a process is a formality. But on Friday the questions from the judges were exceptionally numerous, and doubts about the protestations of the accused became noticeable.
Before the trial, the prosecutor and the defense attorney agreed to a sentence of 8 months, subject to an extended probationary period of 3 years. A single judge would actually be responsible for penalties of up to 12 months. But here sits a panel of three on the bench.
The Austrian lit candles in the presence of her victims.
Approached an elderly woman in church
A second victim was even specifically addressed by the perpetrator in a church in July 2020: in the collegiate church of St. Gallen. The Austrian lit a candle there and told an elderly woman that she needed money for medical treatment for her daughter. The churchgoer went to a bank teller the same day and withdrew 10,000 francs in cash for the alleged chemotherapy of the perpetrator’s daughter.
Until October 2020, there were further meetings and further payments, a total of 33,000 francs. When trying to withdraw another 17,000 francs, a bank employee reacted and only paid out 100 francs. The Austrian was arrested in November and was imprisoned for 41 days.
The accused committed her crimes during the probationary period of an earlier relevant conviction. In September 2018, she was sentenced to a conditional fine of 180 daily rates of CHF 50 each for fraud with similar scams. After all, the public prosecutor is applying for the revocation of this fine in the new, abbreviated procedure: the accused would therefore have to pay the 9,000 francs.
The woman still confesses to the point in court (otherwise the abbreviated procedure would not be possible). The trial was scheduled for October but was postponed. The accused has had a job as an assistant at a cleaning company since November 1st. There she earns 5,250 francs a month, she explains, which makes the judges suspicious and leads to inquiries. In August 2022, the accused took her two school-age children from Austria to Switzerland. She explains several times in identical terms that she is integrated in Switzerland and is planning her future here with her family.
She paid back almost all of the money she had earned. She scraped it together from family members. She owns her mistakes. She asserts that she will never make such a mistake again in her life. The imprisonment was tough and showed her that the most important thing is to live in freedom with her children. «My children are the most valuable thing. That’s why I won’t do it anymore.” She has repeatedly apologized to the court for her actions. She begs the judges: “Please give me a chance that everything I’ve built up doesn’t break.”
The penalty dealt was significantly too deep
Although it is an abbreviated procedure in which pleas are not actually intended, the court allows the prosecutor and the defense attorney to comment on the sentence requested. Both see it as appropriate. The prosecutor explains that she assumes that the criminal proceedings of the accused are a sufficient lesson. However, the court comes to a different conclusion. After a brief consultation, the chairman, Reto Nuotclà, explains: “The penalty requested is far too low.”
The court referred the case back to the prosecutor. The accused specifically selected and processed their victims. A relevant criminal record obviously had no effect. According to the court, a prison sentence of at least 15 to 16 months would be appropriate.
The judges also have great concerns about the conditional execution of sentences, explains Nuotclà. They also did not understand exactly why the accused had now taken their children, who previously lived in Austria, to Zurich.
The court may grant the accused the fact that she earns 5,250 francs as a cleaning assistant, but I have never heard of anything like that. He apologizes to the accused for not seeing the court “real remorse”; despite the woman’s wordy protestations.