Facts
The case concerns a deputy honorary consul in Muscat (Oman), X., who issued a total of 134 visas for entry into Switzerland to Bangladeshi nationals during the period from September 1999 to October 2003. In doing so, he deceived by producing fictitious applications and other documents, pretending that the visas had been issued for 134 Omani citizens, for whom no visa restrictions existed. He destroyed the genuine visa applications of the 134 Bangladeshi nationals and any accompanying documents after learning of the entry of the persons in question into Switzerland. He received a total of 60,300 Omani Rial (equivalent to 211,050 Swiss francs) for issuing the visas.
On November 28, 2005, the Federal Criminal Court found X. guilty of multiple forgery of official documents and acceptance of an advantage, and sentenced him to nine months' imprisonment with probation. It acquitted him of further charges. The Swiss Federal Prosecutor's Office filed an appeal against the judgment of the Federal Criminal Court with the Federal Supreme Court.
Considerations
The Federal Supreme Court upholds the appeal and remits the case for re-examination to the lower court. The lower court had not entered into the charge of accepting a bribe in connection with the issuance of 134 visas to Bangladeshi nationals, as the indictment did not sufficiently describe the official act to which the advantage was to relate.
The Federal Supreme Court states that defects in the indictment must be remedied during the proceedings as before. If…