Facts
The Swiss Federal Court has been seized with an appeal against a decision by the Federal Office of Justice granting criminal judicial assistance at the request of the US authorities in the context of a civil forfeiture procedure targeting the assets of an American citizen suspected of misappropriating funds to the detriment of a Korean company. Although this forfeiture procedure is of a civil nature and independent of any criminal prosecution, the Court considered that it could be assimilated to a "criminal case" within the meaning of the Swiss law on international mutual assistance in criminal matters (IMAC), insofar as it aims at the confiscation of the proceeds of criminal offences. However, the Court referred the case back to the Federal Office in order for it to obtain clarification on the criminal jurisdiction of the US authorities to try the facts at issue.Considerations
According to Swiss case law, international judicial cooperation in criminal matters can only be granted for the prosecution of criminal offences falling within the jurisdiction of the requesting State's authorities. Although the US civil forfeiture procedure presents similarities with the confiscation provided for by Swiss criminal law, it can only be assimilated to a "criminal case" within the meaning of the IMAC if the law enforcement authorities of the requesting State have jurisdiction to criminally prosecute the facts at issue.
In the present case,…