Facts
The Federal Court consolidates several proceedings, as they are closely related in subject matter, directed against the same decision, and involve similar legal issues.
The appellants, Sabena SA in bankruptcy and the ancillary bankruptcy estate of Sabena SA, represented by their respective bankruptcy administrators, are not legitimized to file legal remedies in the criminal conviction under cantonal criminal procedure law. While the bankruptcy administrator can act as the legal representative of the common debtor, its power of representation is limited to dispositions over the assets. Representation as an injured party in a criminal proceeding with respect to the criminal conviction is not covered by this power of representation.
Even though the Bankruptcy Office of Geneva and the bankruptcy estate of Sabena SA in Belgium have granted power of attorney to the legal representatives of the appellants to assert all claims of the bankruptcy estate in Switzerland, they do not have the power of representation to file legal remedies in the criminal conviction. The bankruptcy estate or administration can only grant power of attorney for transactions within their competence, namely only with regard to the preservation and realization of the estate.
Sabena SA in bankruptcy retains the status of an injured party in the criminal proceedings and is legitimized to file legal remedies in the criminal conviction. However,…