Facts
The Swiss Savings and Credit Bank (SSKB) and the Banque Genevoise de Commerce et de Crédit (BGCC) granted large loans abroad since 1963, which were initiated by the Spaniard Julio Munoz. Munoz, as the majority shareholder and financial advisor, exerted decisive influence on the two banks. Together with the managing director of the SSKB, Hermann Hug, he supported the foreign loans, although the collateral was insufficient or worthless. In 1965, the banks had to file for bankruptcy.
The Federal Banking Commission then filed a criminal complaint against Munoz and Hug for fraud and unfaithful business management. Hug, in turn, accused the members of the Banking Commission of false accusation. However, the Federal Department of Justice and Police refused to authorize the prosecution of the Commission members.
Considerations
The Federal Supreme Court confirmed the decision of the Department of Justice and Police. According to the Federal Act on the Responsibility of the Confederation, the prosecution of officials for actions taken in the exercise of their office requires authorization. The Federal Banking Commission is such an authority, and its members therefore could not be prosecuted without authorization.
The Federal Supreme Court saw no indication that the Commission had exceeded the limits of its official duties or had accused Hug in…