Facts
A. LLC filed a criminal complaint against X. for forgery of documents, obtaining a false certification, and other offenses. X. is alleged to have had notarized untrue facts in an affidavit dated July 3, 2013, which were then used in a civil lawsuit in the USA. The Public Prosecutor's Office of Basel-Stadt decided not to open criminal proceedings, which was confirmed by the Court of Appeal. A. LLC then filed a criminal complaint.
Considerations
The Federal Court dismissed the complaint. According to Art. 251 No. 1 of the Swiss Criminal Code, false certification requires a qualified written lie in which the document is given increased credibility. This is usually not the case with unilateral declarations made by the issuer in their own interest.
The affidavit of July 3, 2013 contained only party allegations by X., which were not given increased credibility. The fact that the affidavit was used in a civil lawsuit in the USA and may have resulted in facilitations there does not…