Facts
Parties: N. SA (plaintiff) against Tribunal d'accusation des Tribunal cantonal vaudois (defendant)
Facts: N. SA, based in Lausanne, claims to have been a victim of fraud or embezzlement in connection with deliveries of chicken meat to Russian companies in St. Petersburg. The plaintiff purchased approximately 2,245 tons of chicken meat in July 1997 in Brazil, which was to be delivered to St. Petersburg. Due to problems with the Russian partners and the police in St. Petersburg, the plaintiff was unable to carry out the deliveries as planned. The plaintiff alleges that the Russian company A. Ltd, represented by W., unlawfully retained a large portion of the amounts received. The plaintiff demands the initiation of criminal proceedings in Switzerland, as the damage occurred in Switzerland.
Court decisions: The examining magistrate of the district of Lausanne dismissed the claim. The Tribunal d'accusation des Tribunal cantonal vaudois confirmed this decision, as the damage did not occur in Switzerland. The Federal Supreme Court upheld the plaintiff's appeal and referred the case back to the cantonal authority for further decision.
Considerations
The plaintiff argues that the damage occurred in Switzerland, as her account in Switzerland was not credited with the corresponding amounts. The Tribunal d'accusation had rejected this, as the damage occurred in Russia. The Federal Supreme Court finds that the damage occurred in Switzerland, as the plaintiff is a Swiss company and the damage occurred in the form of a non-credited entry on her Swiss account. This constitutes a result within the meaning of Art. 7 para. 1 SCC.
The Federal Supreme Court states that a crime or offense is committed both at the place of the act and at the place of the result (Art. 7 para. 1 SCC). In the case of fraud, it is a material offense with two results: the impoverishment of the victim and the enrichment of the perpetrator. The impoverishment of the victim is…