Facts
The complainant, the wife of the accused, filed a criminal complaint against her estranged husband for misappropriation, breach of trust, neglect of maintenance obligations, and creditor prejudice. The District Court of Zurich partially convicted the accused, upon which both parties appealed. The High Court of the Canton of Zurich ultimately acquitted the accused of all charges of breach of trust, misappropriation, and creditor prejudice.
The acquittal of the accused of the charges of breach of trust and misappropriation to the detriment of a relative was justified on the grounds that the complainant's criminal complaint was filed too late. Regarding the creditor prejudice through asset reduction, the High Court concluded that the subjective element of the offense was not fulfilled, as it was not established that the accused had intended to prejudice his creditors.
The complainant then filed a criminal appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court proceeded with the appeal insofar as it was directed against the acquittal of the accused of the charges of breach of trust, misappropriation, and creditor prejudice. Regarding the acquittal of the charge of neglect of maintenance obligations, the Federal Supreme Court also considered the complainant to be legitimized.
On the merits, the Federal Supreme Court dismissed the appeal. It found that…