Facts
The appellant [X.] was the head of the legal service of the Federal Department of Finance (EFD) at the time of the criminal proceedings. He was convicted of embezzlement in office by the Federal Criminal Court at first instance, but later acquitted by the Federal Supreme Court. In the new proceedings before the lower court, [X.] asserted a claim for compensation for economic losses under Art. 429 para. 1 lit. b CrimPC, as the criminal proceedings had destroyed his professional career as a senior federal civil servant. He also requested satisfaction under Art. 429 para. 1 lit. c CrimPC.
Considerations
The Federal Supreme Court partially upholds the appeal of [X.]
Regarding compensation for economic losses: The lower court has insufficiently clarified the relevant facts. It must examine in the new proceedings whether [X.] would have become the Director General of Customs or the State Secretary of Canton [E.] if he had not been convicted, and hear the witnesses requested by [X.] . Furthermore, the lower court must examine whether the party compensation paid by [X.] to the private plaintiff [A.] is to be compensated as an economic loss.
Regarding satisfaction: The lower court has based the claim for satisfaction solely on…