Facts
The appellant [X.] was convicted by the Criminal Court and the High Court of the Canton of Zug for defamation against the asset management company [Y.] S.A. [X.] had expressed to a journalist the suspicion that "not everything had been correct" at [Y.] S.A. and that there was a suspicion of "front running". The Federal Supreme Court upheld the conviction.
Considerations
The Federal Supreme Court stated that the statement of the appellant, who was considered an expert in the field of anti-money laundering, suspected the private plaintiff [Y.] S.A. of "front running" and thus constituted "dishonorable conduct" within the meaning of Art. 173 of the Swiss Criminal Code. This was capable of damaging the reputation or reputation of the asset management company.
The Federal Supreme Court did not consider the proof of truth to have been provided, as the appellant was unable to substantiate his interpretation of the professional…