Facts
The case concerns Dr. K., a businessman who ran a company in Switzerland. The company experienced financial difficulties in 1970 and Dr. K. attempted to save it by concluding agreements with dubious businessmen. However, these agreements proved to be mistakes and worsened the company's financial situation. On January 16, 1975, the court granted a stay of payment, but on December 1, 1975, the composition was annulled due to its fraudulent nature. The company was finally declared bankrupt on February 27, 1976.
Dr. K. was accused of simple bankruptcy and fraudulent obtaining of a judicial composition. The court of first instance sentenced him to 4 months in prison with probation, and the court of appeal confirmed this judgment. Dr. K. then filed a nullity appeal with the SCC.
Considerations
The SCC examined Dr. K.'s arguments and decided that the two offenses alleged did not form a successive offense. Indeed, the fraudulent obtaining of a judicial composition is an offense against justice, while simple bankruptcy is an offense against creditors.
The SCC also examined the issue of prescription and decided that the prescription of the fraudulent obtaining of a judicial composition had started running on July 16, 1975, the date on which the composition was approved by the court. Since the ordinary prescription of 5 years had been interrupted by investigative acts, the absolute prescription of 7 years and a half had started running on July 16, 1975. Therefore, the prescription was acquired on January 17, 1983, before the judgment of…