Facts
The case concerns a woman, Frau [K.], who was convicted of aggravated fraud (Pfändungsbetrug) and for concealing assets from her creditors. She had given instructions to third parties to hide assets and had also lied to the authorities about her assets. Her lawyer, Dr. X., had transmitted clandestine letters to third parties, knowing that they were intended to conceal assets. The court ruled that Frau [K.] was guilty of aggravated fraud and that Dr. X. was an accomplice to this offense.
The facts took place in 1960, when Frau [K.] was in pre-trial detention for property offenses. She had given instructions to third parties to hide assets, including jewelry and furniture, and had also lied to the authorities about her assets. Dr. X. had transmitted clandestine letters to third parties, knowing that they were intended to conceal assets.
The court ruled that Frau [K.] was guilty of aggravated fraud and that Dr. X. was an accomplice to this offense. The court also ruled that Dr. X. had acted with knowledge and intent, and that he had therefore committed an act of complicity.
Considerations
The court ruled that Frau [K.] was guilty of aggravated fraud under Article 164 ch. 1 SCC, as she had taken measures to conceal assets from her creditors. The court also ruled that Dr. X. was an accomplice to this offense under Article 25 SCC, as he had transmitted clandestine letters to third parties knowing that they were intended to conceal assets.
The court considered that Dr. X.'s complicity was established, as he had acted with knowledge and intent. The court also considered that Frau K.'s aggravated fraud was established, as she had taken measures to conceal…