Partial approval of the appeal by appellant 2 and dismissal of the appeal by appellant 1

Facts

Appellant 2, [A.] , was employed as managing director and director of [B.] (Switzerland) AG. He was convicted of disloyal management in the sense of Art. 158 no. 1 para. 1 and 3 SCC and sentenced to a conditional prison sentence of 18 months. Appellant 1, lawyer Sandra Esteves Gonçalves, was the official defender of [A.] and requested compensation of CHF 50,124.05 for the first-instance proceedings.

The High Court of the Canton of Zurich confirmed the first-instance judgment in terms of guilt and penalty and dismissed the appeal by lawyer Sandra Esteves Gonçalves against the determination of her fees. [A.] and lawyer Sandra Esteves Gonçalves lodged an appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court joined the two proceedings and examined the appeals. It found that the lower court had not comprehensively examined the accusation and that the determination of the salary and bonus of appellant 2 was not clearly regulated.

The Federal Supreme Court set aside the judgment of the High Court of the Canton of Zurich and referred the matter back to the lower court for a new decision. It found that the…