Facts
X. and Y. were stopped and searched by Swiss border guards at the customs office in Stein/Bad Säckingen upon their entry into Switzerland on November 20, 1996. The search of the vehicle revealed 650,000 German Marks and 280,000 Danish Kroner concealed below the dashboard, which were seized. An examination of the seized banknotes showed that 35% of the German Marks and 60% of the Danish Kroner were contaminated with cocaine.
The High Court of the Canton of Aargau found X. guilty of organized money laundering in a decision dated January 27, 2000, and sentenced him to 2 3/4 years in prison and a fine of CHF 20,000. X. filed a federal nullity appeal with the request to overturn the High Court's judgment.
Considerations
The Federal Supreme Court dismissed the appeal. It affirmed the jurisdiction of the Swiss authorities and the applicability of Swiss law based on Art. 4 and Art. 2 para. 1 of the Framework Agreement between Switzerland and Germany on border control. The offense is closely related to the border crossing, as the transfer of assets from abroad to Switzerland can prevent their confiscation.
The Federal Supreme Court stated that the term "border control" in the Framework Agreement should be interpreted broadly and not only cover customs-related matters. The tasks of border officials also include criminal prosecution in general, if the…