Federal court is partly right

Politically, the affair around the Swiss deep -sea fleet has long since been processed. In 2016, the federal government realized that it was at risk of loss of millions. This is mainly because a Swiss shipping company had come to an imbalance whose twelve wedding ships had guaranteed the federal government. Before that, the Confederation had continued to expand its high -end plans since the Second World War, with the aim of ensuring the supply of the country with its own ships on the world's oceans.

After CH Media made the 2017 right-sea fleet affair, the Federal Council pushed for a quick sale of the ships. This is because the damage was still threatening to be bigger. Instead of sending their own ships all over the world, the federal government had supported high -sea ships with cheap loans from 1959. In 2017, six shipping companies were already scrumbling over 50 high -sea ships with federal loans. These were guaranteed by the Confederation with a total of CHF 1.1 billion.

It went well for a long time, and some shipowners also earned a lot of money. Until the shipping industry slipped into a century crisis worldwide from 2008. As a result, the Federal Council had to apply for a 215 million supplement to the parliament practically overnight.

Federal court is partly right

In the meantime, the Swiss deep -sea fleet is still employing the dishes. Most recently, the Bernese Higher Court of Bleite-Reeder Hans-Jürg Grunder had condemned a year ago for fraud. According to the judgment, the Bernese lawyer has to go to prison for five years and five months. But the higher court will soon have to deal with the case again. Because the Federal Supreme Court is now partially right in an appeal.

The Federal Court argues that the allegation of incorrect certification can only be applied to the content of incorrect balance sheets by Grunders. But not on those documents that are based on the accusation of performance fraud. By declaring this variant of the fact to be applicable, the Bernese Higher Court also « violated federal law, » judges the Federal Supreme Court.

This means that the Federal Court of the Federal Court, which met in five people, is partly right in the 94-page judgment. As a result, the Bernese High Court will soon have to go over the books again on this point, as can be seen from the decision published on Thursday. According to criminal law, it can be convicted of performance by pretending false facts.

High-sea flotted affair again in Bern in court

According to the Federal Court's decision, the Bernese High Court will not only have to deal with the amount of the prison sentence, but also again with the federal government and replacement claim of the federal government. As usual, the Federal Supreme Court does not comment on the extent of the mitigation, as well as for the further consequences of his judgment.

The Bernese High Court had tightened the first instance punishment at the prize point. The shipown was therefore sentenced to five years and five months in the second instance instead of only five years in prison. The presiding judge had already deducted a discount of one month in prison because, in her view, the bankruptcy ship was exposed to partially exuberant reporting in the media.

The federal court, however, rejects the other recurse Hans-Jürg Grunders as well as his shared wife-and thus the majority of the criticized points of the judgment. This, as far as it goes into it.