Facts
X., elected municipal councillor of the city of L., was in charge of the Industrial Services from June 1981 until his resignation shortly before the renewal of the municipal authorities in autumn 1989. The regulations of the Municipality of L. provided that the members of this authority could not belong to the administration of any company or corporation pursuing a profit-making purpose, unless the municipality had a manifest interest therein, and that the attendance fees received by the members of the Municipality in this context had to be paid into the municipal treasury.
From the moment he joined the Municipality, X. became a director or member of the executive committee of various for-profit companies and received attendance fees. Noting that he had only reimbursed a portion of the attendance fees received, the municipality summoned him to pay the sums due, which he did in several instalments.
The Criminal Court convicted X. of qualified breach of trust, but the Cantonal Court of Cassation modified the legal qualification of the offence, retaining disloyal management instead of qualified breach of trust.
Considerations
The Criminal Cassation Court of the Federal Tribunal upheld X.'s appeal and annulled the cantonal judgment. It considered that the facts found did not constitute disloyal management within the meaning of Art. 159 para. 1 CC.
Indeed, although X. was in charge of the Industrial Services and had the position of manager,…