Authorization for the criminal prosecution of a former federal police employee

Facts

The appellant [X.] was employed by the Federal Police until his dismissal without notice on 21 August 2008. He was charged with fraud through the misuse of the electronic time recording system. On 26 January 2011, the Regional Court of Bern-Mittelland convicted him of multiple counts of fraud as well as simple and serious traffic offenses. The High Court of the Canton of Bern upheld the judgment on 20 September 2011.

[X.] filed a criminal appeal against the judgment of the High Court. He argued that the authorization of the Federal Department of Justice and Police (FDJP) required for the criminal prosecution of federal officials under Art. 15 of the Liability Act (VG) had not been obtained in a timely manner.

Considerations

The Federal Supreme Court upheld the appeal. It stated that the authorization for criminal prosecution under Art. 15 VG must be obtained immediately after the initiation of criminal proceedings in order to protect the official from unjustified prosecution and to ensure the smooth administrative process.

In the present case, the authorization was only obtained shortly before the appeal hearing on 20 September 2011, which was considered late. Since the appellant was accused of a relatively small offense amount of CHF 554.40 and a minor case within the…