Facts
The case concerns an official, V., who worked as an agricultural official at the cantonal tax authority of X. from 1972 to 1981. He was accused of acting contrary to the rules of recusal during private consultations with farmers, by submitting requests to the competent authorities as an official, which were accepted by these authorities due to his expertise. Furthermore, he took files from the cantonal tax authority home and did not return these files despite multiple requests. Finally, he invoiced travel expenses to the canton of X. as well as to his private clients without them being aware of the double invoicing and payment.
The cantonal court convicted V. for disloyal management of public interests, unlawful enrichment, and breach of trust. V. appealed to the SCC, requesting the annulment of the judgment and the referral of the case to the lower court for a new judgment.
Considerations
The SCC examined the appellant's arguments and found that the official had acted disloyally by submitting requests to the competent authorities as an official, while having private interests in the matters in question. The Court also found that the official had enriched himself by taking files from the cantonal tax authority and keeping them at home, which constituted a violation of the law on the protection of public interests.
The Court also examined the question of whether the official had acted with the intention of procuring an unlawful advantage and found that this was the case, insofar as he had submitted requests to the competent authorities as…