Facts
The respondent [X.] was the head of the chancery at the Swiss Embassy in [A.] /[B.] from June 1999 to August 2004. He was accused of having issued visas to nationals of [B.] multiple times in exchange for monetary payments, even though the entry requirements into Switzerland were not met. Furthermore, he was alleged to have attempted to abuse his successor as a tool to commit further forgeries of documents. The Federal Criminal Court acquitted him on some of the charges, but convicted him of multiple counts of forgery of documents in office and accepting bribes. However, it did not enter into the charge of violations of the ANAG.Considerations
The Federal Supreme Court concluded that the lower court had wrongly decided not to enter into the charge of violations of the ANAG. While violations of the ANAG are generally subject to the jurisdiction of the cantonal courts, whereas forgery of documents in office and accepting bribes fall under the jurisdiction of the federal courts. In this case, however, both federal and cantonal jurisdiction were given, and the Federal Prosecutor's Office could have ordered the consolidation of the proceedings under the federal authorities pursuant to Article 18 paragraph 2 of the Federal Act on the Federal Criminal Court. The lower court should…