Facts
The case concerns a man named St. who deregistered in Zurich on May 30, 1978 and has since lived and worked in Saudi Arabia. On October 29, 1981, he could be arrested in Switzerland, remained in custody until November 5, 1981 and then returned to Saudi Arabia. On June 15, 1982, the Public Prosecutor's Office of the Canton of Zurich brought charges against St. for misappropriation and obstruction of justice, committed in July 1977 in Italy. However, the Indictment Chamber of the High Court of the Canton of Zurich refused to admit the indictment, as St. was not in Switzerland and criminal prosecution according to Art. 6 of the Swiss Criminal Code was not possible at the time.
Against this decision, the Public Prosecutor's Office of the Canton of Zurich filed a nullity appeal with the request that the contested decision be set aside due to a violation of Art. 6 para. 1 of the Swiss Criminal Code and the matter be remanded to the lower court for a new assessment.
Considerations
The Federal Supreme Court dismissed the nullity appeal. It stated that according to Art. 5 and 6 of the Swiss Criminal Code, the presence of the perpetrator in Switzerland is a prerequisite for Swiss jurisdiction over foreign offenses. If the person accused in Switzerland of a foreign offense leaves the country before the judgment, the prerequisite for Swiss jurisdiction is no longer fulfilled.
The Federal Supreme…