Facts
The case concerns a former deputy honorary consul in Muscat (Oman), [X.] . Between September 1999 and October 2003, he issued a total of 134 visas for Bangladeshi nationals to enter Switzerland, although he claimed the visas were issued for Omani citizens. For issuing the visas, he received a total of 60,300 Omani Rials (equivalent to 211,050 Swiss Francs).
On November 28, 2005, the Federal Criminal Court found [X.] guilty of multiple forgery of documents in an official capacity and acceptance of an advantage, and sentenced him to nine months' imprisonment with probation. However, it acquitted him of further charges such as multiple suppression of documents, multiple bribery, and multiple violations of the ANAG (Federal Act on Foreign Nationals).
The Swiss Federal Prosecutor's Office subsequently filed a nullity appeal with the Federal Supreme Court against the judgment of the Federal Criminal Court.
Considerations
The Federal Supreme Court states that defects in the indictment must be remedied during the proceedings as before. If the indictment is insufficient, the defendant must be acquitted. To avoid this dilemma, the remission of the indictment for correction is offered.
In the present case, the Federal Criminal Court did not consider the allegation of bribery in 134 cases, as the indictment did not sufficiently describe the official act to which the advantage…