Facts

The case concerns a federal official prosecuted for negligent homicide. The authorization to prosecute, required under Article 15 paragraph 1 of the Liability Act (LR), was not requested during the investigation and the first-instance procedure. However, the case was referred to a higher authority which remedied this defect by obtaining the necessary authorization. The parties involved are the federal official (the applicant) and the Public Prosecutor's Office of the canton of Bern. The procedure began with an investigation, followed by a first-instance judgment, and then an appeal to a higher authority.

The key facts are as follows

  • The applicant is a federal official who committed negligent homicide in the exercise of his duties.
  • The authorization to prosecute, required by Article 15 paragraph 1 LR, was not requested during the investigation and the first-instance procedure.
  • The case was referred to a higher authority which obtained the necessary authorization.
  • The applicant contested the validity of the procedure due to the lack of authorization to prosecute.

Considerations

The decision of the Federal Court is based on the interpretation of Article 15 paragraph 1 of the Liability Act (LR), which requires authorization to prosecute a federal official for acts committed in the exercise of his duties. The Court considered that the authorization to prosecute is a procedural requirement that can be remedied by a higher authority.

The Court examined the applicant's arguments, who claimed that the lack of authorization to prosecute during the investigation and the first-instance procedure rendered the procedure null. However, the Court considered that the authorization obtained by the higher authority had remedied this defect and that the procedure was therefore valid.

The Court also examined the case law and doctrine on the issue, in particular the judgment ATF 87 I…