Jurisdiction for the request to unseal documents seized from a law firm in the context of an international mutual legal assistance request in criminal matters

Facts

In the context of an international mutual legal assistance request in criminal matters, the Public Prosecutor's Office of Ticino has submitted a request to the Criminal Appeals Chamber of the Cantonal Court of Appeal of the Canton of Ticino to unseal documents seized from a law firm. However, following the abolition of the cantonal provision that attributed jurisdiction to the Criminal Appeals Chamber in such cases, the latter declared itself incompetent. The Public Prosecutor's Office therefore submitted the request to the Federal Criminal Court, which in turn forwarded the file to the Criminal Appeals Chamber, which reiterated its lack of jurisdiction.

The Federal Criminal Court has therefore filed an action with the Federal Supreme Court pursuant to Art. 120 para. 1 let. a LTF, requesting a determination of the jurisdiction of the Criminal Appeals Chamber to rule on the request for unsealing. The Federal Office of Justice, noting the existence of a gap in Ticino legislation, has proposed to designate the Investigating and Detention Judge as the competent authority to decide on the request for unsealing.

Considerations

The Federal Supreme Court has examined its own jurisdiction ex officio, noting that the action under Art. 120 para. 1 let. a LTF must be admitted in a restrictive manner. Furthermore, as a general rule, issues of jurisdiction must be resolved, at least at the level of first instance proceedings, on the basis of an appeal under Art. 120 para. 2 LTF and not an action under Art. 120 para. 1 LTF.