Switzerland: Wife who read husband’s emails committed offence

The woman from the canton of Aargau discovered that her husband had been having various affairs for some time, The Local reports.

In February last year she was handed a suspended fine of 14,200 francs by the public prosecutor.

On appeal to the district court, her lawyer demanded her acquittal on the basis the couple had known each other’s passwords and that she therefore did not hack his account.

But the court said her browsing history revealed she had searched whether her actions would make her liable for prosecution, implying she knew she was entering a grey area.

The court did, however, reduce the penalty, stating the woman had shown only “minimal criminal energy” in accessing her husband’s emails since they both knew the passwords.

Zurich lawyer Martin Bürgi said reading protected data is illegal under article 143 of the Swiss Criminal Code and that it makes no difference if the people involved are married or not.

The code stipulates that such an act is punishable with up to three years’ imprisonment.