Facts
The case concerns an individual who filed a request for a judicial composition with the Argovian justice system. The individual produced balance sheets for the years 1974 and 1975 as part of this procedure. The question arises as to whether these balance sheets constitute titles that can prove the state of the described assets and whether the fraudulent obtaining of a judicial composition and forgery in titles constitute distinct offenses or are in perfect concurrence.
The parties involved are the applicant and the public prosecutor's office of the canton of Argovia. The procedure began on February 19, 1988.
Considerations
The Federal Court examined the question of whether the balance sheets produced by the individual constitute titles that can prove the state of the described assets. According to federal jurisprudence, a title is a document that is intended and able to prove a legal fact. The Court considered that the balance sheets in question constitute titles that can prove the state of the described assets, as they were produced as part of a composition procedure and the law recognizes them as such.
The Court also examined the question of whether the fraudulent obtaining of a judicial composition and forgery in titles constitute distinct offenses or are in perfect concurrence. The Court considered that the two offenses are in perfect concurrence, as they aim to protect different legal assets. The…