Dismissal of the appeal by X. AG against a mutual legal assistance measure

Facts

The Spanish law enforcement authorities in San Bartolomé de Tirajana are conducting a criminal proceeding against Y. for fraud and other offenses. In the context of this proceeding, the Spanish authorities requested legal assistance from Switzerland. The Public Prosecutor's Office of the Canton of Zug granted the release of the transcript of the witness examination of a member of the Board of Directors of X. AG and two documents submitted by him during the examination to the requesting authority.

X. AG filed an appeal against this final decision. However, the Federal Criminal Court did not enter into the appeal, as it denied the complainant's standing to appeal. X. AG appealed against this non-entry decision to the Federal Supreme Court.

Considerations

The Federal Supreme Court dismisses the appeal by X. AG. It states that according to the case law of the Federal Supreme Court on the standing to appeal in mutual legal assistance matters under Art. 80h para. 1 let. b of the Federal Act on International Mutual Assistance in Criminal Matters (IMAC), a legal entity is only entitled to appeal if it is directly and immediately affected by the mutual legal assistance measures.

In the present case, the sole member of the Board of Directors of X. AG was questioned as a witness and submitted two…