Facts
The former Chief of Staff of the National Alarm Center, [X.] , filed a complaint with the Federal Court against a press release of the Federal Investigating Magistrate. It was reported therein that [X.] was to be indicted for breach of official duty, as he had violated public interests as a member of the board of directors of a company, without however having financially benefited from it. [X.] requested that the press release be declared unlawful and that criminal proceedings be opened against the Investigating Magistrate for breach of official secrecy.Considerations
The Indictment Chamber of the Federal Court did not enter into the complaint. It justified this by stating that press releases of the Investigating Magistrate are not to be regarded as official acts within the meaning of Art. 214 para. 1 of the Swiss Code of Criminal Procedure (CCP) and therefore cannot be challenged by a complaint to the Indictment Chamber. The legislator understands official acts to be acts that advance the criminal investigation and affect the legal status of the accused. Press releases do not belong to this category.
However, the person concerned can defend himself against an unlawful press release by civil and criminal law means, for example due to a breach of official secrecy or defamation. Furthermore, the Indictment…