Judgment of the Federal Court in the case of the appellant Raphael Engelbert Huber against the Public Prosecutor's Office of the Canton of Zurich

Facts

The appellant Raphael Engelbert Huber, Head of the Department of Economic Affairs at the Finance Directorate of the Canton of Zurich, was found guilty by the High Court of the Canton of Zurich in several cases of accepting bribes (Art. 315 para. 1 and 2 SCC), driving under the influence of alcohol (Art. 91 para. 1 RTA) and attempted obstruction of a blood test (Art. 91 para. 3 RTA in conjunction with Art. 22 para. 1 SCC). The Federal Court dismisses his appeal against this judgment.

Considerations

The Federal Court confirms the legal opinion of the High Court on the interpretation of the offence of accepting bribes under Art. 315 SCC. Accordingly, it is sufficient if the official demands, accepts or has promised to him a non-due advantage for a future, unlawful official act, even if he does not actually provide the consideration. The…