Facts
The case concerns a bank employee named H., who agreed with two accomplices, R. and M., to make unauthorized credits to accounts opened by R. and M. using the bank's data processing system. On September 24, 1986, H. stored the transfer of a total of over 6.7 million Swiss francs to the accounts of the accomplices using his identification card and a code, without being authorized to do so. He then confirmed the transactions using the identification card and code of another bank employee.
On February 7, 1990, the High Court of the Canton of Zurich sentenced M. to 18 months in prison for forgery of documents and misappropriation. M. then filed a federal nullity appeal to be acquitted of the charge of forgery of documents.
Considerations
The Federal Court states that while data stored on electromagnetic data carriers by means of a computer cannot be considered as writings within the meaning of Art. 110 No. 5 of the Swiss Criminal Code, their appearance in the form of a screen display or printout can indeed be regarded as writings and thus as documents, provided that the other requirements are met.
The court finds that in the present case, the screen display or printout of a credit or account balance constitutes a document, as it is capable of proving a…