Questione giuridica chiave
Whether the defendant qualified as a public official under the functional concept of Art. 110 StGB
Decisione estratta
Yes. As SUVA real-estate portfolio manager performing public tasks for a federal public-law institution with a partial monopoly in compulsory accident insurance, he fell within the functional public-official concept.
Motivazione estratta
The court stressed that the legal form of employment is irrelevant; what matters is whether the activity serves public duties. SUVA's investment of premium funds in real estate served the safeguarding of pensions and thus a public function.