Judgment of the Federal Court on the Violation of the Judicial Duty of Care, Arbitrariness in the Establishment of the Facts, and Sentencing

Facts

The Federal Court dismissed the appeal of the appellant [X.] against the judgment of the Cantonal Court of the Canton of Bern.

The appellant was found guilty by the Cantonal Economic Criminal Court of Bern and the Cantonal Court of the Canton of Bern of commercial fraud, fraud, misappropriation, and qualified misappropriation, and was sentenced to a custodial sentence of 5 1/2 years.

In her appeal to the Federal Court, the appellant alleged a violation of the judicial duty of care by the lower courts, an arbitrary establishment of the facts, and an inadmissible sentencing.

Considerations

The Federal Court dismissed the appeal. It concluded that no serious violations of the professional and ethical obligations of the lawyers to the detriment of the appellant or gross negligence of the previous defense counsel were apparent.…