Facts
The complainant, an Israeli national, was taken into custody on 23 August 1990 by the Zurich District Attorney's Office on suspicion of illegally importing gold and gold coins in 1986 and earlier. The complainant applied for release from custody, which was rejected by the District Attorney's Office. The complainant then appealed to the Federal Court's Indictment Chamber and applied for the revocation of the District Attorney's Office's ruling and his release from pre-trial detention.
The Indictment Chamber of the Federal Court had to examine whether the conditions for an arrest were met, in particular the suspicion of an offence under Art. 52 WUStB. The complainant argued that the criminality of the behaviour with which he was charged was no longer applicable at the present time, and that he should therefore be acquitted of guilt and punishment under Art. 2 para. 2 SCC.
Considerations
The Indictment Chamber of the Federal Court first examined whether Art. 2 para. 2 SCC is applicable to offences under Art. 52 WUStB. It came to the conclusion that this is the case, as administrative criminal law does not contain any deviating provisions and Art. 2 para. 2 SCC is also applicable in administrative criminal law.
The Indictment Chamber further examined whether the department's rulings, which resulted in tax submissions or exemptions, are time laws or not. It came to the conclusion that Art. 52 WUStB is a blanket norm, as the criminality of the…