Facts
X., a specialist physician for rheumatology, ordered a total of 700 doses of the then unapproved by Swissmedic product "GC" between 30 May 2005 and 29 May 2006 and distributed it to family members, friends and patients with osteoarthritis complaints. The product was produced, filled and distributed by various companies. The district office of the district of Zurich fined X. for multiple negligent violations of the Therapeutic Products Act with a fine of 300 Swiss francs. X. filed an objection and was found guilty by the High Court of the Canton of Zurich of multiple negligent offenses against the Therapeutic Products Act, but without imposing a penalty. X. filed a criminal complaint against this judgment.
Considerations
The Federal Court notes that in the cases of exemption from punishment under Art. 52-54 CC in the stage of the court proceedings after the indictment, only a conviction without punishment is possible, but not a dismissal of the proceedings. Art. 8 CrimPC, which regulates the waiver of prosecution, only concerns the procedural stages up to…