Facts

The case concerns the company Noir-Blanc AG, which was in financial difficulty in 1956. The company transferred its assets to a new company, Robusta-Apparate GmbH, without receiving equivalent consideration. The director of Noir-Blanc, Macquat, and a shareholder of the company Immobilien AG, Praloran, were convicted of fraudulent bankruptcy and complicity. The Federal Court examined the objective and subjective elements of fraudulent bankruptcy and the offense of granting advantages to certain creditors.

The key facts are as follows

  • Noir-Blanc AG was in financial difficulty in 1956.
  • The company transferred its assets to Robusta-Apparate GmbH without receiving equivalent consideration.
  • The director of Noir-Blanc, Macquat, and a shareholder of the company Immobilien AG, Praloran, were convicted of fraudulent bankruptcy and complicity.

Considerations

The Federal Court examined the objective and subjective elements of fraudulent bankruptcy and the offense of granting advantages to certain creditors. Fraudulent bankruptcy is defined as the act of reducing one's assets to the detriment of creditors, either actually or apparently. This can occur when the debtor sells assets without receiving equivalent consideration.

The Court also examined the offense of granting advantages to certain creditors, which is defined as the act of favoring certain creditors to the detriment of others. This can occur when the debtor pays non-matured debts, or when it provides security to a creditor without being obliged to do…