Facts
The appellant [X.] was found guilty by the Federal Criminal Court of complicity in qualified breach of trust to the detriment of Aeroflot Russian Airlines and sentenced to a prison term of 21 months and an unconditional fine of 90 daily rates of CHF 1'000.--. The charge of money laundering was dismissed.
The lower court established that the main perpetrator [A.] , as deputy general director of Aeroflot Russian Airlines, managed the company's finances and organized the foreign exchange management and payment transactions for invoices denominated in foreign currencies. The appellant was a lawyer and confidant of [A.] and represented his interests. He was also a member of the board of directors of various companies of the [I.] group and reviewed the contracts that formed the basis for the creation of the foreign exchange management center and the development of the business mechanisms for payments in foreign currencies.
The lower court concluded that the two business mechanisms for Aeroflot Russian Airlines were economically useless and that the appellant, as an accomplice, was involved in the main perpetrator's breach of trust. The appellant complained of a violation of the principle of legality and claimed that the lower court had not correctly presented the facts.
Considerations
The Federal Court examined the complaint of an obviously incorrect establishment of the facts and came to the conclusion that the lower court had not presented the facts in an obviously incorrect manner. The court established that the main perpetrator [A.] , as manager of Aeroflot Russian Airlines, held the position of a manager within the meaning of Art. 158 SCC and that the appellant had promoted the endeavors…