Facts
The respondent Y. held various positions with the federal government. From 1994 to 2001, he issued a total of 33 fictitious invoices to federal agencies where he was employed, under the company name "A. Technik". The invoices were partially affixed with forged audit notes and signatures, and the amounts were transferred to an account from which the respondent and his wife withdrew money for private purposes.
The Federal Criminal Court convicted the respondent of multiple counts of simple and commercial fraud, multiple counts of forgery of documents in office, forgery of identification documents, and multiple counts of money laundering. In some respects, it acquitted him.
The Swiss Federal Prosecutor's Office filed a federal nullity appeal against the decision.
Considerations
The Federal Supreme Court examined whether the respondent had committed the offenses of forgery of documents in office and false certification in office.
It concluded that the offense of forgery of documents in office is fulfilled if the respondent has affixed forged signatures of other persons to invoices. Insofar as the signatures were not clearly attributable to a specific group of persons, the Federal Supreme Court rightly denied the offense of forgery of documents in office.
With regard to the invoices on which the respondent had placed his visa, the Federal Supreme Court considered the…