Facts
The complainant [X.] was convicted by the Appellationsgericht of the canton of Basel-Stadt on 22 November 2006 for embezzlement, fraud, professional fraud and professional money laundering and sentenced to 28 months in prison.
[X.] filed a constitutional complaint and a federal appeal with the request to overturn the judgment and fully acquit him of the accusation.
The Federal Court had to decide whether the conviction for embezzlement and fraud was lawful and whether the accusation met the requirements of the principle of accusation.
Considerations
The Federal Court first examined whether the conviction for embezzlement was lawful. It found that the indictment included the offense of embezzlement and that the complainant could therefore defend himself against this accusation.
Then the Federal Court examined the conviction for fraud. It found that the lower court had rightly assumed the indirect perpetration of the complainant, as he had intentionally determined another person to deceive a third party in a cunning manner, using them as a tool without will or intent.
The Federal Court also examined the conviction for professional fraud. It found that the lower court had…