Facts
In this case, the authorities of the Canton of Zug conducted a criminal investigation against [B.], the responsible person of the company S. AG with its registered office in Zug. He was accused of having placed advertisements in the Swiss daily newspaper "Blick" and in the "Tages-Anzeiger" with the addition "always cheaper" and thereby violated the Federal Act against Unfair Competition (UWG) and the Clearance Sale Ordinance (AV).
[B.] applied to the Indictment Chamber of the Federal Supreme Court to have the Canton of Zurich designated as the canton responsible for criminal prosecution. The Public Prosecutor's Office of the Canton of Zurich requested that the application be dismissed, while the Interrogation Office of the Canton of Zug requested that the proceedings be transferred to the Canton of Zurich for further prosecution.
Considerations
The Indictment Chamber of the Federal Supreme Court states that according to Art. 347 para. 1 of the Swiss Criminal Code (StGB), the legal place of jurisdiction is in the Canton of Zurich, as the place of publication of the "Tages-Anzeiger" as well as the domicile of the accused [B.] are located there.
Although the intercantonal jurisdiction in criminal matters can exceptionally be determined differently than according to Art. 346 et seq. StGB by agreement between the cantons. However, for this, a local point of reference to the territory of the canton in which the place of jurisdiction is to be determined is required. Since in the present case in the Canton of Zug there is obviously no such local point of reference, this canton cannot be considered as the place of jurisdiction.
Since the "Tages-Anzeiger" is published in Zurich, the accused [B.] has…