Dismissal of an Appeal against a Request for Information by the Federal Prosecutor's Office

Facts

This judgment deals with an appeal by various banking institutions in Zurich, Bern and the Canton of Ticino against a decree of the Swiss Federal Prosecutor's Office. The Federal Prosecutor's Office had demanded that the banks check whether bank accounts, deposits or assets of 60 named persons exist, and to immediately report the result. The banks were prohibited from informing the clients of the decree.

The banks filed an appeal against this decree in accordance with Art. 105bis para. 2 CrimPC with the Indictment Chamber of the Federal Supreme Court. Some banks also filed an appeal with the Federal Council in accordance with Art. 14 para. 1 CrimPC in conjunction with Art. 72 lit. b APA.

Considerations

The Indictment Chamber of the Federal Supreme Court concluded that the request for information by the Federal Prosecutor's Office pursuant to Art. 101bis CrimPC does not constitute a coercive measure or a related official act within the meaning of Art. 105bis para. 2 CrimPC, against which an appeal can be filed with the Indictment Chamber.

The Indictment Chamber justifies this by stating that Art. 101bis CrimPC merely describes the legal framework of a practice previously exercised…