Facts
X. had been a member of the University Council of the University of B. since February 1, 2008. On September 26, 2013, she informed a journalist about the content of a report by an international expert commission on the academic quality of medical history dissertations submitted at the University of B., which was not yet publicly known. As a result, X. was charged with breach of official secrecy.
The Regional Court of Bern-Mittelland initially acquitted X., but the High Court of the Canton of Bern convicted her in the second instance of breach of official secrecy and imposed a suspended fine. X. then filed a criminal complaint with the Federal Supreme Court.
Considerations
The Federal Supreme Court states that according to Art. 320 para. 1 of the Swiss Criminal Code, the breach of official secrecy is punishable if a member of an authority or a public official discloses a secret that was entrusted to him in his official capacity or that he became aware of in his official position. The decisive factor is that it is a fact that is neither obvious nor generally accessible and regarding which the holder of the secret has a legitimate interest in maintaining confidentiality.
The Federal Supreme Court clarifies that for the criminal liability under Art. 320 of the Swiss Criminal Code, no…