Facts
The Criminal Law Service of the Swiss Agency for Therapeutic Products Swissmedic is conducting administrative criminal proceedings against Dr. med. [A.] and other persons on suspicion of violations of the Therapeutic Products Act. On September 28, 2015, various records and objects were seized during house searches, including patient records subject to medical professional confidentiality.
On October 6, 2015, Swissmedic ordered the sealing of the seized documents. On October 16, 2015, Swissmedic applied to the Federal Criminal Court for the unsealing of these documents. However, the Federal Criminal Court, in a decision dated February 29, 2016, did not enter into the unsealing request, as it was of the opinion that the conditions for a sealing had not been met.
The accused filed an appeal against this decision with the Federal Supreme Court.
Considerations
The Federal Supreme Court overturned the decision of the Federal Criminal Court and remanded the case to the lower court for substantive consideration of the unsealing request.
The Federal Supreme Court stated that the sealing of the seized documents by Swissmedic on October 6, 2015 was valid. The accused's request for sealing was neither…