Facts
The appellant [X.] was registered as the sole shareholder and managing director with sole signatory power of [A. GmbH] . FINMA determined that [A. GmbH] had been accepting public deposits on a commercial basis without the required banking license. Consequently, FINMA filed a criminal complaint against [X.] and other responsible parties. The Federal Department of Finance (EFD) convicted [X.] of unauthorized acceptance of public deposits pursuant to Art. 46 para. 1 lit. a BankA. [X.] appealed the judgment of the Federal Criminal Court.
Considerations
The Federal Supreme Court partially upheld the appeal. It found no violation of the principle of expedited proceedings or the statute of limitations. It also considered the application of the vicarious liability under Art. 6 para. 2 VStrR to [X.] as the managing director of [A. GmbH] to be lawful.
However, the Federal Supreme Court overturned the judgment regarding the imposition of a compensation claim. The lower court had ordered [X.] to pay a compensation claim of CHF 10,000…