Jurisdiction for the investigation of a criminal offense, in particular the scope of the principle of procedural unity

Facts

The Public Prosecutor's Office Zurich-Limmat initiated criminal proceedings against X. for domestic violence and additional criminal proceedings for insurance and social welfare fraud. As the suspicion of qualified acts of violence arose, the Public Prosecutor's Office Zurich-Limmat requested the Public Prosecutor's Office IV of the Canton of Zurich to take over the proceedings. The latter declined to take over the proceedings for the property offenses. The Office of the Attorney General of the Canton of Zurich then decided that the proceedings for domestic violence were to be conducted by the Public Prosecutor's Office IV and the proceedings for fraud by the Public Prosecutor's Office Zurich-Limmat.

X. filed a complaint against this decision with the Federal Supreme Court. He requested that the Public Prosecutor's Office IV conduct all proceedings against him.

Considerations

The Federal Supreme Court upholds the complaint. It states that the principle of procedural unity under Art. 29 CrimPC is a central principle of Swiss criminal law and criminal procedure. Accordingly, multiple offenses committed by a person are generally to be prosecuted and adjudicated in a single set of proceedings.

The specialization of the public prosecutor's offices must not lead to the principle of procedural unity becoming the exception and the separation of proceedings the rule. Rather, it must be ensured that only a single criminal proceeding with a…