Facts
The case concerns a Swiss citizen named [X.] , who is alleged to have been involved in the production and trafficking of amphetamines in Greece. The Greek authorities subsequently initiated criminal proceedings against [X.] and other participants for the manufacture, smuggling, and trafficking of narcotics. Since [X.] could not be extradited to Greece, the Greek Ministry of Justice submitted a request for legal assistance to Switzerland, so that [X.] could be criminally prosecuted in Switzerland.
The Swiss Federal Prosecutor's Office then filed charges against [X.] with the Federal Criminal Court for qualified violations of the Narcotics Act and for incitement to perjury. However, the Federal Criminal Court did not enter into the indictment, as it denied the jurisdiction of the federal judiciary.
Considerations
The Federal Supreme Court overturned the non-entry decision of the Federal Criminal Court and remanded the case for a new assessment to the lower court. It stated that according to the case law, the federal and cantonal criminal prosecution authorities are obliged to reach an agreement on jurisdiction. Only if such an agreement fails, is there a conflict of competence that must be decided by the Appeals Chamber of the Federal Criminal Court.
In the present case, the Federal Supreme Court saw no reason to question the jurisdiction of the federal judiciary. Although the Federal Prosecutor's Office had initially denied its jurisdiction, it later took over the proceedings. Given the indications of a larger criminal organization with international connections and a division of labor, professional…