Facts
The appellant, a doctor, was convicted by the High Court of the Canton of Aargau for issuing a false medical certificate (Art. 318 No. 1 Para. 1 SCC). The judgment was rendered on May 25, 2007. The appellant had created a medical certificate on September 18, 2001, in which he stated that the patient had never shown any signs of depressive illness. However, the lower court found that the patient had already been significantly restricted in her ability to work and suffered from depressive symptoms before the 1996 accident.
The appellant filed a complaint in criminal matters and requested that the judgment of the High Court be overturned and that he be acquitted of guilt and punishment. He complained that the lower court had obviously incorrectly established the facts and should have obtained a medical expert opinion.
Considerations
The Federal Court examined the complaint and found that the lower court had not obviously incorrectly established the facts. The lower court had found, based on medical reports and other evidence, that the patient had already been significantly restricted in her ability to work and suffered from depressive symptoms before the 1996 accident.
The Federal Court found that the lower court had rightly assumed that the medical certificate of September 18, 2001, was untrue. As a doctor and psychiatrist, the appellant had a duty to tell the truth, and his statement was capable of violating important and legitimate interests…