Questione giuridica chiave
Whether the reported conduct of the Russian prosecutor constituted a criminal act under Swiss law for Art. 304 StGB
Decisione estratta
No. The alleged demand was not a Swiss criminal offence at the relevant time; in particular, passive bribery of a foreign official was then not yet punishable, and the other invoked offences were not met.
Motivazione estratta
Art. 304 StGB requires that the reported conduct actually be a criminal act under Swiss law, not merely possibly or probably criminal. The alleged statement was not unlawful under Art. 271 or Art. 156 StGB either.