Facts
X. was the chief pharmacist at a hospital from 1996 to 2006 and chaired the Medication Commission. She concluded several contracts with pharmaceutical companies on behalf of the hospital pharmacy and subsequently received payments into a private account. The Swiss Agency for Therapeutic Products Swissmedic then penalized X. with administrative penalty orders for violations of the Therapeutic Products Act.
X. filed an objection to the penalty orders, which Swissmedic treated as a request for judicial assessment. The District Criminal Court then acquitted X. by judgment of November 20, 2009. Swissmedic appealed against this judgment, which was dismissed by the Criminal Appeals Court of the Cantonal Court of Fribourg.
Considerations
The Federal Supreme Court first had to examine the issue of the statute of limitations. It concluded that the statute of limitations for the offenses against the Therapeutic Products Act allegedly committed by X. is seven years.
In this judgment, the Federal Supreme Court changed its previous case law to the effect that "first instance judgments" within the meaning of Art. 97 para. 3 of the Swiss Criminal Code are to be understood not only as convicting, but also as acquitting…