Facts
The SCC was seized of an appeal for nullity against a judgment of the Cantonal Tribunal of Zurich convicting X. for complicity by omission of misappropriation of funds and for suppression of securities. X. was an employee of Z. Finanz AG as the head of the foreign exchange department and deputy currency trader. In this capacity, he was notably responsible for the management of term deposits, fiduciary transactions, the setting of interest rates, and the selection of contracting banks. His colleague A., who was responsible for stock market operations and asset management, had carried out personal speculative transactions using the company's funds without X.'s knowledge, causing significant losses. X. is accused of having tolerated these actions without informing the management, as well as having kept during A.'s vacation a bank confirmation relating to one of these term deposits instead of transmitting it as he should have to the accounting department.Considerations
The SCC considers that the conviction for suppression of securities cannot be upheld, as the mere fact of not immediately transmitting a document to the person designated by the internal regulations is not sufficient to constitute this offence. For there to be suppression of securities, the defendant must have made the document inaccessible to the beneficiary or have substantially impeded the possibility for the latter to make use of it, which is not established in the present case.
Regarding the complicity by omission of misappropriation of funds, the SCC considers that the sole duty of loyalty arising…