Facts
The case concerns a state employee, S., who was convicted of disloyal management of public interests, passive corruption, document forgery, and fraud. S. was deputy and substitute of the cantonal treasurer of X. from 1971 to 1980, then became head of cantonal finances. He worked with a brokerage firm, C. SA, whose owner, L., was also his friend. S. carried out several transactions with C. SA, some of which were considered acts of passive corruption and disloyal management of public interests.
The cantonal court sentenced S. to a prison term of 20 months and a fine of 5,000 Swiss francs. S. appealed to the SCC, contesting the decision of the cantonal court.
Considerations
The SCC examined S.'s grounds for appeal and found that the cantonal court had made an error in considering that the acts of passive corruption and disloyal management of public interests were in ideal concurrence. The SCC considered that the two offenses were distinct and that passive corruption could not be considered as an aggravating circumstance of disloyal management of public interests.
The SCC also examined the grounds for appeal relating to document forgery and found that the cantonal court had made an error in considering that…