Facts
The appellant [X.] was convicted by the Appellationsgericht of the canton of Basel-Stadt for embezzlement and forgery of documents and sentenced to a prison term of two years and ten months. At the same time, he was ordered to pay damages of Fr. 3'280'452.75 plus interest to the respondent 2, [Y.] . The appellant filed an appeal with the Federal Court and requested the annulment of the judgment and the remittal of the case to the lower court.
The respondent 2 had filed a declaration regarding a claim for compensation on August 31, 2005, and a partial claim of Fr. 2'950'000.-- plus interest on September 1, 2005. The appellant was found guilty of professional fraud, embezzlement, and multiple forgery of documents by the Strafgericht Basel-Stadt on July 8, 2008, and sentenced to a prison term of three years.
Considerations
The Federal Court examined the appeal and came to the conclusion that the lower court had correctly assessed the admissibility of the adhesion claim. The adhesion claim had been handed over to the post on August 31, 2005, and thus made admissible one day before the submission to the civil court.
The Federal Court also rejected the complaint of violation of the right to be heard, as the…