Facts
The Federal Investigating Judge is conducting a criminal proceeding in Switzerland concerning acts of money laundering, lack of due diligence in financial transactions, and forgery of securities, in connection with the sale of frigates by the French company Thomson to the Navy of the Republic of China (Taiwan). In this context, he has sent requests for mutual assistance to the authorities of Taiwan, France, and Liechtenstein. The members of the Wang family, as well as the companies involved, have filed an administrative law appeal against the decision of the Investigating Judge to order the transmission of certain documents to the French authorities.Considerations
According to the appellants, the protection of French national defense secrecy would preclude the handover of any document concerning the frigate contract. However, the Federal Tribunal rejects this argument, considering that the French criminal provisions relating to the protection of national defense are not opposable to the Swiss authorities. The executing authority must faithfully and completely carry out the task entrusted to it, without having to determine whether a document or information is covered by national defense secrecy under French law.
The Federal Tribunal also examines the issue of the direct transmission of documents by the Investigating Judge to his French counterpart. It considers that the rules relating to the forwarding of mutual assistance requests only safeguard the sovereignty of the requested State and are not intended to protect the person being prosecuted,…