Facts
The appellant, [X.] , was the head of the Hinwil Logistics Center (LHIN) and was charged with multiple cases of disloyal exercise of official functions. The indictment alleged that he, together with other individuals, had founded the company [C. GmbH] in order to award contracts from the LHIN to this company and thereby obtain an unlawful advantage. The lower court found [X.] guilty and sentenced him to a conditional prison sentence of 22 months and an unconditional fine of 60 daily rates.
The appellant requested that the judgment be overturned and that he be acquitted of the charge of disloyal exercise of official functions. He argued that the lower court had misinterpreted the indictment and that the sentence was disproportionately high.
Considerations
The Federal Court examined the appeal and came to the conclusion that the lower court had correctly interpreted the indictment and that the guilty verdict for multiple cases of disloyal exercise of official functions was justified. The court found that the appellant, as head of the LHIN, had played a significant role in awarding contracts to the company [C. GmbH] and had thereby obtained an unlawful advantage.
The court also examined the sentencing and came to the conclusion that the lower…