Facts
This case involved a criminal investigation by the Federal Prosecutor's Office against two Swiss pilots on suspicion of disrupting public traffic under Art. 237 of the Swiss Criminal Code. The Federal Prosecutor's Office demanded that the airline company [X. AG] release an internal investigation report on an incident during the landing of an aircraft in Olbia (Italy) on June 29, 2003. The airline company submitted the report in a sealed envelope and filed a complaint against the order to produce the document. The Federal Criminal Court initially did not enter into the complaint. Later, the Federal Prosecutor's Office requested the unsealing of the report, which the Federal Criminal Court granted.
The airline company [X. AG] filed an appeal in criminal matters against this unsealing order with the Federal Supreme Court.
Considerations
The Federal Supreme Court concluded that the appeal was unfounded. It justified this as follows:
Pursuant to Art. 97(1) of the Aviation Act (LFG), Swiss criminal law also applies to acts committed on board a Swiss aircraft outside Switzerland. Furthermore, according to Art. 98(1) LFG, criminal offenses committed on board an aircraft are subject to the jurisdiction of the Federal Criminal Court.
Art. 237 of…