Facts
This case involved a dispute between the Public Prosecutor's Offices of the Cantons of St. Gallen and Aargau over the jurisdiction for the criminal prosecution of handling of stolen goods. The Yugoslav national B. had purchased a stolen car radio amplifier from an allegedly Turkish man for 100 Swiss francs in Oftringen/AG. During a traffic stop in Wittenbach/SG, the amplifier was found in the trunk of B.'s car. The Public Prosecutor's Office of St. Gallen then initiated criminal proceedings against B. for handling of stolen goods, while the Public Prosecutor's Office of Aargau was of the opinion that the proceedings should be conducted in their canton.Considerations
The Federal Supreme Court decided that the statutory place of jurisdiction for the prosecution of handling of stolen goods is in the Canton of Aargau, as B. had acquired the stolen amplifier there. According to the Federal Supreme Court, the acquisition of stolen property in bad faith constitutes the offense of handling of stolen goods. Once the receiver of stolen goods has gained control over the item, they can no longer commit further acts of handling of stolen goods, neither by concealment nor by assisting in the disposal. The concealment of the amplifier in the trunk in St. Gallen therefore does not constitute…