Appeal for Nullity of the Swiss Federal Prosecutor's Office against the Non-Consideration Decision of the Federal Criminal Court

Facts

The Swiss Federal Prosecutor's Office brought charges against X. for qualified violations of the Narcotics Act as well as for incitement to perjury. However, the Federal Criminal Court did not consider the indictment, as it did not consider the federal jurisdiction to be given. Thereupon, the Federal Prosecutor's Office filed an appeal for nullity against this decision with the Cassation Court of the Federal Supreme Court.

Considerations

1. The Federal Criminal Court is the court of first instance of the Confederation for criminal matters and its Criminal Division adjudicates criminal cases that fall under the federal criminal jurisdiction pursuant to Articles 340 and 340bis of the Swiss Criminal Code (SCC). The decisions of the Criminal Division can be challenged by an appeal for nullity with the Cassation Court of the Federal Supreme Court.

2. Pursuant to Art. 340bis SCC, the federal criminal jurisdiction includes, among other things, the criminal acts under Art. 260ter SCC as well as the felonies committed by a criminal organization within the meaning of this provision. The federal criminal jurisdiction is mandatory, and the federal and cantonal prosecuting authorities are obliged to reach an understanding on the jurisdiction. A subsequent change of…