Die Angst vor der Fehldiagnose (German only)

Shortly before a company collapses, its finances are reviewed one last time and funds are distributed. It is not uncommon for the remaining funds to be channelled not equally amongst all those who stand to benefit, but rather in a targeted manner – for example, to favoured suppliers, to the bank for which the managing director has provided a personal guarantee, or to a related company. The remaining creditors are often left with a certificate of loss. Swiss law addresses this behaviour on two levels simultaneously: under criminal law through the offence of undue preference to creditors in Article 167 of the Swiss Criminal Code (SCC), and under enforcement law through the avoidance action under Article 285 et seq. of the Swiss Debt Enforcement and Bankruptcy Act (DEBA), known as the ‘Pauliana’. The following article focuses on the criminal law aspect.

Increasingly, individuals and legal entities are being approached by law firms, mostly from Germany, alleging that they presumably have used images belonging to their clients in breach of copyright. Typically, the internet is systematically searched using specialised software to identify protected images. This is then followed by a demand for substantial damages for the unlicensed use of the respective image, together with a request to sign a desist declaration with penalty clause. In addition, compensation for legal fees is often claimed as well.

Sporting activities regularly involve certain risks of injury and accidents. Wherever people engage in sports together or alongside one another, the question therefore repeatedly arises as to who is liable for the consequences of an accident. In addition to civil and criminal liability, it is also important to determine whether, in the event of an injury, the resulting costs are covered by accident insurance or health insurance.