Facts
The case concerns Peter Nörenberg, a German national accused of several offenses committed in different Swiss cantons, namely Zurich, Zug, Schwyz, and Zoug. The offenses were committed between June 13, 1967, and August 19, 1967. Nörenberg was arrested on September 6, 1967, and was placed in pre-trial detention. The Verhöramt of the Canton of Zug opened an investigation against him, but discovered that the Canton of Zurich was competent to prosecute the offenses committed on its territory.
The Verhöramt of the Canton of Zug requested the Bezirksanwaltschaft of Zurich to take over the prosecution, but the latter refused, arguing that Nörenberg contested the facts and that the center of gravity of his criminal activities was located in central Switzerland. The Verhöramt of the Canton of Zug then seized the Staatsanwaltschaft of the Canton of Zurich, which also refused to take over the prosecution.
The Verhöramt of the Canton of Zug then requested the Indictment Chamber of the Federal Court to declare the authorities of the Canton of Zurich competent to prosecute and judge Nörenberg.
Considerations
The Indictment Chamber of the Federal Court examined the question of competence and considered that the Canton of Zurich was competent to prosecute the offenses committed on its territory. It recalled that competence is determined according to the cantons and not according to the regions of the country.
The Indictment Chamber also considered that the fact that the Verhöramt of the Canton of Zug had conducted the investigation did not mean that the Canton of Zurich was incompetent. It recalled that each canton is required to cooperate to determine competence and that the provisional reunification of the investigation in the hands of an authority does not necessarily mean that this authority is competent.
The…