Facts
The appellant, [Y.] , was active as an external project manager in the DaZu project and had the competence to obtain offers and conduct invitation procedures. He was accused of having controlled the invitation procedure in favor of individual supplier companies and of having demanded and received commission payments from them as a counter-performance for the wrongful awarding of the mandate.
The lower court found [Y.] guilty of disloyal exercise of public office, bribery, corruption and forgery of documents and sentenced him to a prison term of 3 years and a fine of 30 daily rates of CHF 100.--.
Considerations
The Federal Court examined the complaint of arbitrary establishment of the facts and came to the conclusion that the lower court had not made the findings arbitrarily. The court found that the appellant was to be qualified as a functional official, as he had performed public tasks and had factual decision-making competence.
The court also found that the appellant had fulfilled the offense of disloyal exercise of public office, as he had damaged public interests and had procured an unlawful advantage for himself or another person. The damage to public interests could also be of an ideal nature, such as the undermining of public trust in the integrity of the administration.
The court also found that the appellant had fulfilled the offense of bribery, as he, as a public official, in connection with his official activity, had demanded, promised or accepted an undue advantage for a wrongful or discretionary act or omission.
The court also found…