Facts
The case concerns an erroneous transfer of funds to the account of a client, F., by bank X. The bank acknowledged having committed a fault in this transfer and undertook to cover half of the damage. Client F. was convicted of appropriation of claim. Bank X. filed a criminal complaint against F. for appropriation of claim.
The facts are as follows: on 14 October 1992, bank X. transferred by mistake an amount of $15,000 US (i.e. 19,230 CHF) to F.'s account, whereas this amount was intended for another client, C. F. withdrew the entire amount from his account, which did not contain any other funds. Bank X. then filed a criminal complaint against F. for appropriation of claim.
Considerations
The decision of the federal court concerns the question of whether bank X. is entitled to file a criminal complaint for appropriation of claim. The federal court considered that bank X. had suffered direct harm to its assets due to the appropriation of claim committed by F.
The federal court recalled that, according to article 28 paragraph 1 of the Swiss Criminal Code (SCC), any person who has been harmed by an offence may file a criminal complaint. Bank X. was considered harmed insofar as it had suffered direct harm to its assets due to the appropriation of claim committed by F.
The federal court also considered that…