Bribery of a Public Official through Long-Term Payments

Facts

[H.] was charged with having, on the recommendation of Official X., acquired thirteen paintings of the deceased father of the official in the early summer of 1987 and a further nineteen paintings in the summer of 1987 at massively inflated prices, with the intention of receiving preferential treatment in upcoming or future approval procedures. With the same intention, he had also paid the official a commission on a real estate purchase.

The District Court of Zurich sentenced [H.] on August 21, 1995 for multiple bribery to 15 months' imprisonment suspended and a fine of CHF 40,000. The High Court of the Canton of Zurich upheld the judgment of the District Court on April 19, 1996. The Court of Cassation of the Canton of Zurich dismissed H.'s appeal for nullity on January 12, 1999, insofar as it entered into the matter.

[H.] filed a federal appeal for nullity, requesting that the judgment of the High Court be overturned and that he be awarded compensation.

Considerations

Pursuant to Art. 71 para. 2 of the Swiss Criminal Code, the statute of limitations begins when the perpetrator carries out the criminal activity at different times, on the day he carries out the last activity. The more recent case law assesses this question separately and according to objective criteria; an overall intent is disregarded. Different criminal acts form a unit pursuant to Art. 71 para. 2 of the Swiss Criminal Code if they are of the same nature and directed against the same legal interest and are to be considered as a continuous breach of duty.

In the present case, all the criminal acts of the appellant were directed against the same legal interest, concerned the same bearer of the legal interest, and were similar in the manner of commission. It is a matter of fact that a long-term, self-sustaining and renewing, and thus increasingly complex relationship has developed due to the mutual functions. The intended official acts are clearly identifiable as approval acts within the framework of a multifaceted and not always transparent commercial police legislation with relatively wide…