Facts
[X.] was one of three members of the Board of Directors of [A. AG] from July 2001. The company was clearly over-indebted as of June 30, 2001, of which [X.] as the last of the three members of the Board of Directors became aware at the latest on May 1, 2002. In the following period, neither restructuring measures were taken nor was the judge notified of the over-indebtedness. The financial situation of [A. AG] deteriorated massively until the notification of over-indebtedness by the auditor in October 2003. The bankruptcy proceedings resulted in certificates of loss amounting to almost CHF 11,160,000.-. The High Court of the Canton of Thurgau sentenced [X.] on December 9, 2014 to a conditional prison sentence of six months for mismanagement. [X.] filed a criminal appeal against this judgment.Considerations
The Federal Supreme Court dismissed the appeal. It stated that the appellant as a member of the Board of Directors of [A. AG] knew or at least should have known the duty to notify the judge of the over-indebtedness pursuant to Art. 725 para. 2 CO. Despite knowledge of the company's over-indebtedness, he failed to file the notification of over-indebtedness or to take restructuring measures. In doing so, he committed at least eventual intent a gross negligence in the exercise of his profession and asset management…