Facts
The appellant [X.] was the Chairman of the Board of Directors and a member of the Executive Committee of the company "[A. AG] ". In connection with criminal proceedings for speeding of a vehicle registered to the company, he is accused of having urged various employees of the company to testify to the investigating authorities that the company vehicle could be used by all employees. In particular, he is alleged to have verbally incited his employee [D.] to commit perjury. Furthermore, on January 6, 2010, he is said to have sent an email to other employees stating that they should indicate during questioning by the court that the vehicle was available to everyone.
[D.] was convicted of perjury with legal force. The proceedings for speeding were discontinued. The Public Prosecutor's Office then convicted [X.] of incitement to perjury and attempted incitement to perjury. The High Court of Appenzell Ausserrhoden confirmed the guilty verdict and the conviction to a fine of 180 daily rates of CHF 220.-- and a penalty of CHF 8,000.--.
Considerations
The Federal Supreme Court considers the conviction to be lawful. The examination of [D.] as a witness in the proceedings against [X.] was admissible, as the proceedings against her for perjury had been legally concluded. The assessment of the evidence by the lower instance, according to which [D.] had actually testified falsely, is also not objectionable.
Nor does the judgment violate federal law by considering the statements of the witnesses [F.] and [H.] as admissible. Their examinations were conducted while respecting the appellant's rights of…