Facts
The SCC dismissed the nullity appeal of [K.] against his conviction for qualified misappropriation by the Cantonal Court of Appeal of Basel-Stadt. [K.] had been sentenced to three years' imprisonment for qualified misappropriation and other offences by the Criminal Court of Basel-Stadt on 7 April 1978, a decision that was essentially confirmed by the Cantonal Court of Appeal on 27 September 1979. [K.] contested that the conditions for the qualification provided for in Art. 140(2) SCC were fulfilled in his case. The SCC considered that when a legal entity fulfils the personal conditions defined by law, it is the interpretation of the legal text that allows determining whether these personal conditions also qualify the natural person who has acted in the capacity of an organ of the legal entity. Thus, the status of professional asset manager within the meaning of Art. 140(2) SCC applies to the bank employee responsible (in part) for the asset management of clients, just as the status of exercising a profession authorised by the authorities within the meaning of this provision applies to the employee carrying out an activity in the bank requiring authorisation.Considerations
The SCC rejected K.'s arguments that he did not meet these personal conditions, noting in particular that K.…