Facts
The Federal Public Prosecutor's Office initiated a criminal investigation against unknown persons for the offence of money laundering and therefore ordered, on 13 November 2003, the search and seizure of a Piaget watch deposited with the Federal Customs Directorate. Against the search and seizure order, A., the presumed owner of the watch, appealed on 1 March 2004 before the Indictment Division of the Federal Court, requesting the annulment of the measure. The Criminal Appeals Chamber of the Federal Criminal Court considered the maintenance of the seizure unjustified and therefore upheld the appeal by judgment of 27 May 2004. The Federal Public Prosecutor's Office appealed against this decision to the Federal Court by appeal of 28 June 2004, requesting that it be annulled and that the seizure order be maintained.Considerations
According to Art. 33 para. 3 let. a of the Federal Criminal Court Act (FCCA), until the entry into force of the total revision of the OG, decisions of the Criminal Appeals Chamber concerning coercive measures are subject to appeal to the Federal Court within 30 days of notification, for violation of federal law.
The Federal Court recognized the legitimacy of the Federal Public Prosecutor's Office to appeal, as a party in the federal criminal proceedings, against the annulment by the Federal Criminal Court of coercive measures ordered by the Federal Investigating Judges' Office. According to Art. 214 para. 2 of the Federal Criminal Procedure Act (CPA), applicable by analogy, the right to appeal belongs in particular to the parties, which explicitly includes the Attorney General.
The Federal Court therefore…