Competence of Swiss authorities to judge offenses committed abroad

Facts

The case concerns A.X., a Swiss and Kosovar national, convicted by the Criminal Court of the Federal Criminal Court for a qualified offense under the federal law on narcotics and participation in a criminal organization. The facts were committed in Switzerland, Italy, and Kosovo. The Criminal Court ordered the confiscation of various assets, including plots of land and houses located in Kosovo.

The appellants, A.X., B.X., C.X., D.X., E.X., and F.X., contest the competence of the Swiss authorities to judge offenses committed abroad and the confiscation of assets located in Kosovo.

Considerations

Competence of Swiss authorities

The Criminal Court held that the Swiss authorities were competent to judge offenses committed abroad under art. 19 ch. 4 NarcA. This article allows the Swiss authorities to prosecute offenses committed abroad if the perpetrator is apprehended in Switzerland and extradition is not required.

The Federal Court confirmed that the competence of the Swiss authorities could be based on art. 19 ch. 4 NarcA, even if the facts had been committed abroad. It also emphasized that the presence of the perpetrator in Switzerland was sufficient to establish the competence of the Swiss authorities, without it being necessary to precisely determine which acts had been committed abroad.

Confiscation of assets located in Kosovo

The Criminal Court ordered the confiscation of various assets located in Kosovo, including plots of land and houses. The appellants contested this decision, arguing that the confiscation of assets located abroad violated the sovereignty of the foreign state.

The Federal Court annulled the confiscation…