Federal Supreme Court, Decision 2C_539/2020 of 28 December 2020

21 gennaio 2021 – In this judgement, the Federal Supreme Court ruled on the disbarment of a medical doctor who had been convicted of sexual acts against a person incapable of resistance. Specifically, the cantonal health authority banned him from medical practice for one year pursuant to Art. 43 of the Federal Law on Medical Professions (Medizinalberufegesetz) and obliged him to treat patients only in the presence of an assistant for three years after that. The court examined the measure and denied a violation of the right to a fair hearing, of the prohibition of double punishment (ne bis in idem) and of the principle of proportionality. Accordingly, it dismissed the complaint.

For the full decision see here.