Facts
The Canton of Bern filed a lawsuit against the Canton of Appenzell Ausserrhoden with the Federal Supreme Court to clarify the jurisdiction for the enforcement of a 9-year and one-day custodial sentence imposed in Spain against [X.] . The Federal Office of Justice had previously decided that the Canton of Appenzell Ausserrhoden was responsible for the enforcement, as [X.] had his last place of residence there. However, the Canton of Bern was of the opinion that the Canton of Appenzell Ausserrhoden was responsible for the enforcement.Considerations
The Federal Supreme Court found that according to Art. 104 para. 1 of the Federal Act on International Mutual Assistance in Criminal Matters (IMAC), the Federal Office of Justice makes a binding decision on the assumption of the enforcement of the sentence by Switzerland and the responsible canton. This issue of jurisdiction is to be determined according to the rules of Art. 342 of the Swiss Criminal Code (SCC), under which the authorities of the canton of residence or, subsidiarily, the canton of origin are responsible for offenses committed abroad.
The Federal Supreme Court further stated that an appeal against the decision of the Federal Office of Justice on the jurisdiction of the enforcement canton…