Facts
X. is accused of having operated, together with several co-perpetrators, a highly technological laboratory for the production of large quantities of amphetamine tablets in Greece from November 1997 to April 2000. Since X. could not be extradited to Greece as he holds dual Greek-Swiss citizenship, Switzerland took over the criminal prosecution at the request of the Greek Ministry of Justice. On July 13, 2005, the Swiss Federal Prosecutor's Office filed an indictment against X. with the Federal Criminal Court for qualified violations of the Narcotics Act and for incitement to perjury.
The Federal Criminal Court did not enter into the indictment's allegation of incitement to perjury, as it was not sufficiently substantiated in the indictment. The Federal Prosecutor's Office filed an appeal against this decision.
Considerations
The Federal Supreme Court holds that the elements of Art. 307 of the Swiss Criminal Code are also applicable to false statements before foreign courts in the context of legal assistance. The scope of protection of this provision covers the truthful establishment of facts in judicial proceedings and thus the functionality of the administration of justice. Even if the scope of protection…