Facts
Parties involved: A. (appellant), B.B., C.B., D., E. SA (respondents), Public Prosecutor's Office of the Republic and Canton of Geneva.
Courts involved: Police Court of the Republic and Canton of Geneva, Criminal Appeal Chamber of the Geneva Court of Justice, Federal Supreme Court.
Key dates: Judgment of the Police Court of November 20, 2020, decision of the Criminal Appeal Chamber of September 16, 2021, appeal to the Federal Supreme Court filed in 2021, decision of the Federal Supreme Court of August 15, 2022.
Main facts:
- A. was acquitted of charges of breach of trust and fraud but was ordered to pay damages to the respondents.
- A loan contract of 450,000 francs was concluded between F. Sàrl (borrower) and the respondents (lenders), with A. as a joint and several guarantor.
- The loaned funds were used for the acquisition of real estate parcels, but the sale did not materialize due to delays and difficulties.
- The respondents demanded repayment of the loan and interest, as well as damages for breach of trust and fraud.
- The cantonal court confirmed the acquittal of A. but ordered the payment of damages and interest.
Considerations
The Federal Supreme Court examines whether civil claims based on a contract can be examined by adhesion to criminal proceedings in the event of acquittal of the accused.
According to Art. 122 para. 1 CrimPC, only civil claims derived directly from the offense can be examined by adhesion to criminal proceedings. Contractual claims are excluded as they do not stem from an unlawful act but…