Dismissal of the Appeal against the Enforcement Decision of the Appellate Court of Basel-Stadt

Facts

In the context of a criminal proceeding conducted against the appellant X. in Italy, the Italian Public Prosecutor's Office submitted a request for legal assistance to the Swiss authorities. Subsequently, the Public Prosecutor's Office of Basel-Stadt seized various bank accounts of the appellant. The Italian court convicted the appellant and ordered the criminal confiscation of the seized assets. After the Italian judgment became legally binding, Italy requested the enforcement of the confiscation in Switzerland.

The Appellate Court of Basel-Stadt declared the Italian judgment enforceable and ordered the transfer of the seized assets. The appellant filed an appeal against this decision with the Federal Supreme Court.

Considerations

The Federal Supreme Court did not enter into the appeal. It found that the Federal Act on International Mutual Assistance in Criminal Matters (IMAC) provides for a two-tier cantonal appeal process for the…