Facts
The case concerns a complainant who was employed as a portfolio manager for the Central Switzerland and Graubünden region at the Swiss National Accident Insurance Fund (SUVA). He was convicted by the Federal Court for acceptance of advantages under Article 322sexies of the Swiss Criminal Code (SCC). SUVA is an autonomous public law institution of the Confederation, which has a partial monopoly in the field of accident insurance. The complainant had accepted 45,000 Swiss francs and a Rolex watch as an advantage in connection with the sale of a property in Mendrisio.Considerations
The Federal Court states that the criminal law concept of a public official within the meaning of Article 110 paragraph 3 SCC covers both institutional and functional public officials. In the case of the latter, it depends on the function of the activities. If these consist in the performance of public tasks, the activities are official and the persons performing them are public officials within the meaning of criminal law. As an autonomous public law institution of the Confederation, SUVA performs public tasks, so that the criminal law protection of the trust of the general public in the objectivity of its activities is justified. This also applies to the area of real estate management, as this serves to secure the pensions of the insured persons. Consequently, the complainant as a portfolio manager of SUVA was covered by the functional concept of a public official.
With regard to the acceptance of advantages under Article 322sexies SCC, the Federal Court…