Facts
The Russian businessman [A.] , residing in Switzerland, was in custody in Switzerland in February 2005 due to an extradition request from Russia. His business partner [X.] informed the authorities that a Russian prosecutor had demanded USD 50,000.-- from him in Switzerland in order for Russia to withdraw the extradition request. The Federal Prosecutor's Office then brought charges against [X.] for misleading the administration of justice.
The Federal Criminal Court initially found [X.] guilty of misleading the administration of justice and sentenced him to a suspended fine. Upon [X.] 's appeal, the Federal Supreme Court partially overturned this judgment and remanded the case for a new assessment.
In its new judgment, the Federal Criminal Court again found [X.] guilty of misleading the administration of justice and sentenced him again to a suspended fine. [X.] appealed this judgment again in criminal matters.
Considerations
The Federal Supreme Court overturned the judgment of the Federal Criminal Court and remanded the case for a new assessment. It concluded that the facts alleged by the appellant [X.] did not fulfill the objective elements of the offence of misleading the administration of justice under Art. 304 para. 1 SCC. The alleged demand for money by a Russian prosecutor for the withdrawal of the extradition request did not constitute bribery, prohibited acts for a…