Facts
M., an authorized signatory of the X-Bank, initially handled the bank's small loan business independently and later also dealt with investment transactions. From the summer of 1972 to November 1974, she regularly signed bank guarantees and sureties of the bank in favor of private lenders of S. or the P. AG Zurich controlled by him, without the X-Bank receiving any corresponding consideration for the risk incurred.
On May 31, 1974, M. falsely confirmed in writing in a so-called completeness declaration for the benefit of the Y-Trust, the supervisory body and the banking law audit office of the X-Bank, that there was no liability for third-party obligations and that none had been entered into to date. However, at that time, there were significant sureties and guarantees for the private obligations of S. or P. AG.
The District Court of Zurich found M. guilty of continued unfaithful management and forgery of documents on November 1, 1977, and sentenced her to a conditionally suspended prison sentence of four months. However, the High Court of the Canton of Zurich acquitted her of guilt and punishment on December 1, 1978.
The Public Prosecutor's Office of the Canton of Zurich filed a nullity appeal with the request that the judgment of the High Court be set aside and the matter be remanded to the lower instance so that it could punish the accused for unfaithful management and forgery of documents.
Considerations
The Federal Court came to the following conclusion
1. Regarding the accusation of unfaithful management The High Court acquitted M. of the charge, as she lacked the status of a manager within the meaning of the law and her intent to cause harm to the bank could not be proven. The Federal Court confirmed this assessment, as M. had,…