Facts

The case concerns X., sole director of company I. SA, who received by mistake $483,000 on his company's account, intended for Aston Trading GmbH. X. then had bank checks issued for this amount without informing Dreyfus, the company that had made the erroneous transfer. The Geneva Correctional Court convicted X. for unauthorized use of patrimonial assets and forgery in documents. X. filed a nullity appeal with the SCC.

The key facts are as follows

  • X. received by mistake $483,000 on his company I. SA's account.
  • He had bank checks issued for this amount without informing Dreyfus.
  • The Geneva Correctional Court convicted him for unauthorized use of patrimonial assets and forgery in documents.

Considerations

The SCC examined the conditions for applying Article 141bis of the Swiss Criminal Code, which punishes unauthorized use of patrimonial assets. The Court considered that the terms "independently of his will" refer to the transfer that reaches the author by mistake, and that the use must be qualified as "unauthorized" when it tends to hinder the victim's claims for restitution.

The Court also examined the intention of unlawful enrichment, which is a subjective element of the offense. It considered that the author must act with the knowledge that the patrimonial assets were not intended for him and want to use them for his own benefit or…