Facts
The case concerns embezzlement by appropriation of a bank claim. On 27 October 1958, Kravietzki ordered the Schweizerische Bankgesellschaft of Zurich to transfer 30,000 Swiss francs from his account to Nehmad's account at the Bankverein Basel. However, due to an error, the amount was credited to Nehmad's account by mistake. Nehmad refused to return the amount and even transferred 32,100 Swiss francs from his account at the Bankverein Basel to another account. Kravietzki filed a criminal complaint against Nehmad for embezzlement.
The Basel-Stadt criminal court sentenced Nehmad to eight months in prison with probation and to pay 30,000 Swiss francs with interest to Kravietzki. The decision was confirmed by the Basel-Stadt cantonal court of appeal. Nehmad filed an appeal with the SCC.
Considerations
The SCC examined whether embezzlement by appropriation of a bank claim constituted embezzlement within the meaning of Article 141 of the Swiss Criminal Code (SCC). The court considered that the term 'thing' in Article 141 SCC is not limited to material objects, but can also include bank claims.
The court emphasized that Article 1 of the Swiss Criminal Code allows for a broad interpretation of criminal provisions, as long as it corresponds to the true meaning of the law. The court also considered that the principle 'nullum…