Facts
In this case, the Swiss Federal Prosecutor's Office opened a criminal investigation on August 11, 1994 against K., S. and G. in connection with the procurement of IT equipment at the ETH Zurich. On October 28, 1994, the Federal Department of Justice and Police authorized the prosecution of S. and G. and consolidated the further investigation and assessment of the entire criminal case in the hands of the federal criminal authorities.
On April 22, 1996, the Federal Department of Justice and Police, in application of Art. 344 para. 1 of the Swiss Criminal Code, consolidated the further investigation and assessment of the entire criminal case in the hands of the criminal authorities of the Canton of Zurich, as the majority of the criminal acts attributed to the accused fell under the cantonal jurisdiction, with a focus on the Canton of Zurich.
Considerations
The delegation decision is a court jurisdiction and competence delegation order that transfers the federal criminal case as a whole and in its full scope to a canton. With the delegation of the federal criminal case to a canton, the procedural sovereignty is fully transferred to the cantonal authorities.
To the extent that the request for compensation and satisfaction relates to the part of the investigation that was still conducted by the federal authorities before the criminal investigation was delegated to the Canton of Zurich, the Federal Criminal Court is responsible for this. Requests for compensation under Art. 122 of the Swiss…