Facts
Parties involved: Attorney General of the canton of Geneva (plaintiff) and X. (defendant).
Courts involved: Geneva Chamber of Accusation, Geneva Correctional Court, Geneva Court of Cassation, Federal Court.
Key dates: June 25, 1982 (referral order), December 3, 1982 (annulment of the order), March 8, 1983 (Federal Court decision).
Main facts: X., financial and commercial director of the U.S.-based company Z., is accused of defrauding $70,000 by manipulating a commission with Y. Co Ltd in Taiwan. The funds were transferred to a bank account in Geneva. The Geneva Chamber of Accusation referred X. to the Correctional Court, but the Court of Cassation annulled this order for lack of jurisdiction of the Swiss authorities. The Attorney General filed an appeal for annulment with the Federal Court.
Considerations
The Federal Court examines the jurisdiction of Swiss authorities in matters of fraud based on the principle of territoriality (Art. 3 and 7 SCC). It recalls that the offense is deemed committed both at the place where the perpetrator acted and at the place where the result occurred. For material offenses such as fraud, the result includes the unjust enrichment sought by the perpetrator.
The Federal Court specifies that fraud is a material offense with a double result: the…