Facts
The case concerns a businessman, X., who was convicted of intellectual forgery in titles and use of a forgery for deceptive purposes. The facts date back to 1980, when X. created a prospectus for a capital increase of company Z. AG, of which he was the chairman of the board of directors. The prospectus contained inaccurate information about the company's financial situation, which misled investors and induced them to buy shares at a price higher than their actual value.
The cantonal court sentenced X. to one year in prison with probation and found him guilty of intellectual forgery in titles and use of a forgery for deceptive purposes. X. appealed to the SCC, contesting the cantonal court's decision and arguing that the documents in question did not constitute titles within the meaning of the law.
Considerations
Intellectual Forgery in Titles
The SCC examined the question of whether the prospectus constituted a title within the meaning of the law. It considered that the prospectus was a document containing inaccurate information about the company's financial situation and that its purpose was to convince investors to buy shares. The SCC ruled that the prospectus did constitute a title within the meaning of the law, as it was intended to prove the value of the shares and convince investors to buy them.
Use of a Forgery for Deceptive Purposes
The SCC also examined the question of the use of a forgery for deceptive purposes. It considered that X. had used the prospectus to deceive investors and induce them to buy shares at a price higher than their actual value. The SCC ruled…