Decision on Jurisdiction and Civil Claim in Multiple Misappropriation

Facts

The appellant [X.] is accused of having received several sums of money from [Y.] between October 1995 and August 1998 and having partially diverted them to his own accounts in Switzerland. The Court of Appeal of the Canton of Basel-Stadt found him guilty of multiple misappropriation and forgery of documents and sentenced him to a partially suspended custodial sentence. [X.] appeals against this judgment in criminal matters.

Considerations

The Federal Court affirms the jurisdiction of the Swiss authorities for the criminal offence. On the one hand, [X.] had unilaterally cleared the account at Bank [A. AG] in Basel and transferred the assets without the knowledge and consent of [Y.] , thereby frustrating the claim for restitution. On the other hand, he had deposited the monies received from May 1998 contrary to instructions into an account at [C.] Bank SA in Geneva in order to conceal the whereabouts of the monies and to frustrate [Y.] 's claim for restitution. He had thus partially completed the misappropriation in Switzerland.

However, the lower court violated the appellant's right to be heard with regard to…