Facts
The appellant X. was involved in a traffic accident in 1996 and subsequently received insurance benefits from SUVA, IV, and A. Life Insurance Company AG. He participated in car racing in 2005 and was filmed while performing work activities. The indictment accuses X. of systematically deceiving doctors and inspectors of the insurers with untrue statements about his state of health in order to obtain insurance benefits.
The Criminal Court of the Canton of Basel-Landschaft acquitted X. of the charge of professional fraud for the period from January 24, 1997, to April 7, 2005, but convicted him of professional fraud for the period from April 8, 2005, to March 31, 2008.
The Cantonal Court of Basel-Landschaft dismissed the appeals of the defendant and the public prosecutor and confirmed the criminal court's judgment.
Considerations
The Federal Court had to decide whether the appellant X. had a guarantor position to protect the assets of the insurers by omission. The lower court had assumed that X. had a guarantor position due to the disregard of his statutory and contractual reporting obligations.
However, the Federal Court denied a guarantor position based on reporting obligations. It decided that the obligation to report changes in circumstances relevant to benefits does not constitute a guarantor duty. The reporting…