Facts
The case concerns an engineer, B., employed by S. in his engineering office for construction and civil engineering work. B. was hired in 1965 and gradually took on more important responsibilities, including negotiating fees and signing contracts. In 1971, B. was dismissed, but he remained in the company until the summer of 1972. During this period, he performed engineering work on behalf of his employer, but he invoiced the clients directly, without informing S.
On July 13, 1979, the cantonal court convicted B. of disloyal management and his accomplice, R., of complicity. The two men filed an appeal for nullity with the Federal Court, arguing that the statute of limitations for the criminal action had expired and that the facts did not constitute disloyal management.
Considerations
The Federal Court examined the grounds for appeal and found that the statute of limitations for the criminal action had not expired, as the cantonal court's decision had become final on July 13, 1979, and the seven-and-a-half-year limitation period had not yet expired.
Next, the Federal Court examined the question of whether B. could be considered a manager within the meaning of Article 159 of the Swiss Criminal Code. It found that B. had a great deal of autonomy in the exercise of his functions, particularly with regard to setting fees and signing contracts, and that he therefore had the status of a manager.
The Federal Court also examined…