Facts
The appellant [C.] founded the [B. AG] in 1989 together with [S.] and [R.] . Over time, [C.] took over the shares of [S.] and [R.] and became the sole shareholder. The Public Prosecutor's Office of Basel-Stadt indicted [C.] for disloyal business management with intent to enrich, forgery of documents, and tax offenses. The Criminal Court of the Canton of Basel-Stadt sentenced [C.] to a prison term of 14 months. The Court of Appeal confirmed the conviction and reduced the sentence to 12 months. The appellant lodged a complaint with the FSCA.
The appellant complained about the composition of the judicial panel, the violation of the right to a fair trial, the violation of the principle of indictment, and the use of evidence subject to a prohibition of use. He requested the annulment of the judgment and his acquittal of all charges.
Considerations
The FSCA examined the appellant's complaints and came to the following conclusion:
- The complaint about the inadmissible composition of the judicial panel was unfounded, as the lower court had constituted the judicial panel in a constitutionally compliant manner.
- The complaint about the violation of the right to a fair trial was unfounded, as the appellant had not demonstrated how he was prejudiced by the alleged violation of the right to a fair trial.
- The complaint about the violation of the principle of indictment was unfounded, as the indictment described the offenses…