Question juridique clé
Whether the respondent occupied a managing position with a duty to manage or safeguard patrimonial interests under Art. 158 CP.
Solution extraite
No. His functions were medical and organizational; they did not give him sufficient autonomy over the center's economic interests or assets.
Motifs extraits
Art. 158 CP requires a managing or safeguarding duty plus breach and damage. A managing position exists only with sufficient independence and autonomous power of disposition over another's assets or an enterprise's economic means. The respondent's duties as doctor and medical director concerned medical care, supervision, training, scheduling, and assistance with hiring medical staff, not the economic operation of the center. Billing responsibility alone was insufficient.