Facts
Karl Fischbach is being prosecuted in several cantons for commercial fraud, disobedience to an official order, attempted fraud, and misappropriation. Of the total 23 offenses, 5 are attributed to the Canton of Aargau, 13 to Basel-Stadt, and 2 each to the Cantons of Zurich and Lucerne. One additional offense falls under the Canton of Basel-Landschaft.
The first criminal complaint against Fischbach was filed on October 13, 1959, with the Aargau Cantonal Police for a fraud committed in Aarau. Since January 30, 1960, the accused has been in pre-trial detention in Basel.
The Public Prosecutor's Office of the Canton of Basel-Stadt requested the public prosecutor of the Canton of Aargau to take over the prosecution of Fischbach, as according to Art. 350 para. 1 of the Swiss Criminal Code (StGB), the authorities of this canton are competent and there is no reason to deviate from the statutory place of jurisdiction. The Aargau Public Prosecutor's Office rejected the takeover of the prosecution.
Considerations
The Indictment Chamber of the Federal Supreme Court decided that the authorities of the Canton of Aargau are entitled and obliged to prosecute and adjudicate Fischbach for all the criminal acts attributed to him.
Pursuant to Art. 350 para. 1 sentence 1 StGB, the canton that is competent for the prosecution and adjudication of the offense punishable by the most severe penalty, here the commercial fraud, shall also assume jurisdiction over Fischbach's other offenses.
According to Art. 346 para. 2 StGB, the commercial fraud, which constitutes a single offense, shall be prosecuted where the investigation was first initiated. This was in the Canton of Aargau, as the first criminal…