“other countries, Other customs,” said the defender at the beginning of his pleadings. He tried to explain the strange money flows on the account of his client in order that it is over in Libya, just a little different than in Switzerland.
in fact, his client, an experienced chief doctor at one of the city of Berne, the hospital had agreed to, a business course, the strange looks. A Diplomat from the Libyan Embassy in Bern was the doctor from 2014, patients dossiers Libyan citizens. The physician should submit a cost estimate and assess whether or not the patient could be treated in Switzerland. As a fee for his work, the doctor got cost a whopping 20 percent of the estimated treatment.
The Strange thing was: The message transferred to cost him not only his fee, but in each case the estimated total treatment. Although the patients were not treated in the Bernese doctor. 80 percent of the amounts received had to pass the doctor, and then, in turn, more – on private accounts of the Libyan diplomats.
For the Bern public Prosecutor’s office, a clear case: The Libyan Diplomat emptied the cash register of his message. In order to disguise the has been directed the money through the account of the doctor.
Thus, the amounts of the Embassy could be referred to the doctor, had to give a second Diplomat payments. Also it should be worth the business: The first Diplomat transferred him to a private well-200’000 Swiss francs, such as the investigation of the Prosecutor.
The Libyans enjoy diplomatic immunity
The two Embassy employees, according to the Prosecutor’s office so the main culprit would be. But they enjoy diplomatic immunity and work even today in the Libyan Embassy in Bern. The Prosecutor’s office can’t keep track of that you have stolen your own state money. That is why, last week, only the Berner chief physician of the cantonal criminal court had to answer for aiding and abetting the embezzlement.
The man denied to criminal acts participated. Judge Barbara Lips asked him, what is the point of the agreement was clear. “I have asked no big questions,” said the doctor. He had not thought about why Libyan patients should be expected to be in the expensive Switzerland treated. Apparently, the doctor patients with large Budgets used to: He has dealt with in Bern already members of the Gaddafi regime and the house doctor today for several foreign ambassadors.
CHF 10’000 fee per evaluation
The doctor prepared the cost estimates for the Libyan Embassy, respectively, in his spare time, the funds flowed through the account of his private GmbH. The cost estimates that he created but on letter paper and with the stamp of the clinics, for which he was employed.
Overall, the Libyan Embassy 935’000 Swiss francs transferred to him. 180’000 francs he retained under the Deal with the diplomats, the Rest he transferred this. On average, he earned with a cost estimate, 10’000 Swiss francs. The doctor stressed before the court, behind the short assessments, extensive study would be.
As of the hearing, it emerged, had confirmed the Libyan Embassy in an official Letter to the Prosecutor that all the Transfers were right to have been moderate. The Embassy also presented receipts to prove that the private account of the diplomats transferred money had finally come Libyan patients. However, according to Prosecutor Franziska Müller name, nor the data matched the receipts with the estimates of the costs of the doctor. to invalidate
the arguments of the Prosecutor’s office had charged the defenders of the Bernese physician, a witness: the Libyan diplomats, to whose private account the doctor, the money had transferred. That said, he had put the money from his private account to the patients in the bar – the go the fastest way possible. Which is why it took the detour via the account of the doctor, could not explain to the Diplomat, however.
The defenders of the doctor, Andrea Janggen, accused the prosecution, the prosecution in the Affairs of the Libyan state to interfere. It had not been proved that Libya had suffered harm. He called for his client to be acquitted and satisfaction.
judge Lips saw it as proven that the money was misappropriated. They condemned the Berner chief doctor, and finally to a conditional sentence of imprisonment of 22 months. In addition, he must pay 180’000 francs in the cash register of the Canton of Bern, so the amount he themselves out of business. And he shall bear the procedural costs 21’000 Swiss francs. So she followed the requests of the Prosecutor.
“The flow of money makes no sense,”
The doctor must “know or, at least, in purchase to promote a fortune offence,” said judge Lips. Because: “The flow of money, as such, makes no sense.” It would have been for the Embassy much easier to transfer to the doctor only to be a 20-per-cent fee and the Rest directly to the patient. “This must be the defendants have been clear.” This is not a financial man, but as a doctor, “well-formed”. In addition, Lips prized the fee of 180 000 francs for 18 cost estimates as excessively high.
With a view to the diplomatic immunity of the alleged main perpetrators are not stressed to the judge that a conviction for aiding and abetting presupposes that the main perpetrators would be convicted. Whether the doctor accepted the judgment, or to the Supreme court, is still open.
(Federal)
Created: 23.01.2019, 16:36 PM
