Facts
The appellant [X.] was sentenced by the Higher Court of the Canton of Zurich to a prison term of 5 years for professional fraud, multiple qualified embezzlement, multiple forgery of documents, and suppression of documents. At the same time, she was acquitted of the charges of fraud and forgery of documents in several points.
The appellant filed an appeal in criminal matters and requested that she be acquitted of the charges of multiple forgery of documents, professional fraud, and multiple qualified embezzlement and sentenced to a conditional or partially conditional prison term. Alternatively, the case was to be referred back to the lower court for reassessment.
Considerations
The Federal Court examined the violation of fundamental rights and of cantonal and intercantonal law and found that the appellant did not demonstrate in what way the lower court's findings of fact were also obviously inadmissible in their outcome. Nor was there a violation of the presumption of innocence and a violation of the right to be heard.
The Federal Court came to the conclusion that transactions No. 1, 8, and 18 from the account of the injured party at [C.] Bank to the account of his company [M.] Ltd. at [N.] Bank did not result in an objective loss of value or a loss of value, but nevertheless a financial damage within the meaning of Art. 146 SCC existed, as the injured party had taken a higher risk through the additional funds on the [M.] Ltd.-1_[N.] Bank account.
The Federal Court…