Facts
The Peruvian Public Prosecutor's Office is conducting a criminal investigation against the former Peruvian President Alberto Fujimori and other accused persons for corruption, criminal association, and other offenses. They are accused of having accepted bribes for the procurement of military equipment, aircraft, and other goods during Fujimori's time in office (1990-2000). The Peruvian authorities requested legal assistance from the Swiss authorities, in particular the freezing of bank accounts in Lugano and Zurich, as well as the transmission of account information. The appellants X. and Y. appealed against the granting of legal assistance.Considerations
The Federal Supreme Court dismisses the appeal. It finds that the requirements for legal assistance are met:
The actions of the accused fulfill the elements of the offense of passive bribery under Art. 322quater of the Swiss Criminal Code. It is irrelevant whether the procurement of the aircraft was within the discretion of the President. The decisive factor is that he had bribes promised or accepted in order to exercise his official duties. The dual criminality requirement is therefore met.
The legal assistance is also not disproportionate. There is a sufficient factual connection…