Questão jurídica principal
Whether the cantonal court assessed the evidence arbitrarily and violated in dubio pro reo by treating consultancy payments as the appellant’s income.
Decisão extraída
No. The cantonal court could rely on witness testimony and the payment/practice of withdrawals to find that the amounts were the appellant’s real income.
Fundamentação extraída
The criminal court was not bound by fiscal decisions. On the evidence, the appellant was an independent consultant paid monthly 30,000 francs into a company account he controlled and used like a private account, so the finding of income was not manifestly untenable.