Discontinuation of criminal proceedings due to lack of authorization to prosecute a former federal police employee

Facts

The complainant X. was employed by the Federal Police until his summary dismissal on August 21, 2008. On July 7, 2009, the Federal Office of Police (Fedpol) filed a criminal complaint against X. for fraud. On January 26, 2011, the Regional Court of Bern-Mittelland convicted X. of fraud and other offenses. X. appealed the decision.

The High Court of the Canton of Bern obtained the authorization for criminal prosecution required under Art. 15 of the Federal Act on the Responsibility of the Confederation (VG) only one day before the appeal hearing on September 20, 2011. X. objected that the authorization had not been obtained in a timely manner.

Considerations

The Federal Supreme Court states that according to Art. 15 VG, the authorization for criminal prosecution of an official must be obtained immediately after the initiation of criminal proceedings. If the authorization is obtained at a later point in time, the protective purpose of the provision is undermined.

While a delayed authorization can be remedied in appeal proceedings if it is obtained at the beginning of the appeal proceedings, the authorization in the present case, which was granted only one day before the appeal hearing, does not meet this requirement.

Given the…