Facts
The Swiss Federal Prosecutor's Office has been conducting a criminal investigation against X. since 31 January 2002 for complicity in unfaithful management, participation in a criminal organization, and money laundering. On 22 July 2003, the Federal Investigating Magistrate opened a preliminary investigation and issued a passport and document seizure as well as a reporting obligation against X. X. filed an appeal against these coercive measures with the Federal Criminal Court, which revoked the Investigating Magistrate's order on 28 April 2004.
The Federal Prosecutor's Office appealed this decision of the Federal Criminal Court to the Federal Supreme Court. It alleged a violation of its procedural party rights in the appeal proceedings before the Federal Criminal Court.
Considerations
The Federal Supreme Court initially held that the appeal by the Federal Prosecutor's Office against the decision of the Federal Criminal Court was admissible in principle, as the measures ordered constituted criminal procedural coercive measures that significantly restricted the personal freedom and economic freedom of the person concerned.
The Federal Supreme Court further found that the Federal Prosecutor's Office, as a party to the criminal proceedings, was entitled to appeal and had the procedural party rights. However, it criticized the fact that the Federal Criminal…