Former shipowner’s petition before the Federal Supreme Court is rejected
Published: Monday, Apr 8th 2024, 12:20
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The former shipowner Hans-Jürg Grunder, who was sentenced in the second instance by the Bernese High Court, has unsuccessfully appealed to the Federal Supreme Court for suspensive effect. In addition to a prison sentence, he was ordered to pay damages of around CHF 50 million in 2022.
This is already Grunder's second application for suspensive effect, as can be seen from an order of the Federal Supreme Court published on Monday. The court has not yet ruled on the case itself.
Grunder's request also relates in particular to the civil claims that he was obliged to settle. The suspensive effect postpones the implementation of the lower court's decision before the Federal Supreme Court issues its ruling.
The highest Swiss court rejected the request on the grounds that all assets seized in the criminal proceedings had already been confiscated from the applicant for some time anyway.
Legal force decisive
In addition, the lifting of the account freezes and the release of vehicles and objects are linked to the judgment becoming final. Furthermore, seizures under criminal law would take precedence over seizures under civil law.
If assets are to be seized to secure a claim under civil law, this would take precedence over criminal seizure in the event of a conflict.
In June 2022, the Bernese High Court sentenced Grunder to 5 years' and 5 months' imprisonment and a conditional fine of 180 daily rates of CHF 230 for fraud, multiple counts of fraudulent mismanagement, forgery of documents, obtaining a false certification and benefit fraud. (Decision 7B_540/2023 of 2.4.2024)
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