Facts

The case concerns a complainant who was convicted of fraudulent concealment of assets under Art. 164 of the Swiss Criminal Code (StGB). The conviction was based on his conduct in several debt enforcement proceedings, in which he allegedly concealed assets.

The complainant was subject to debt collection proceedings (No. 621, 789 and 865) resulting in certificates of loss. He argued that these debt collection proceedings and the resulting certificates of loss were null and void, as the seizures had not been properly announced and the debt collection officer had not carried out the seizures correctly.

Considerations

However, the Federal Supreme Court dismissed the complainant's appeal. It made the following findings:

  • The nullity of a debt collection proceeding also leads to the nullity of the certificate of loss issued therein. The criminal judge must therefore examine in advance whether the certificate of loss is valid.
  • A debt collection proceeding is only null and void if it violates a mandatory provision or infringes on public interests or the interests of third parties. The defects alleged by the complainant do not meet these criteria.
  • Acts of execution of fraudulent concealment of assets can also be committed outside of a debt collection proceeding, for example in an attachment proceeding, insofar as they are to the detriment of a creditor.…