Inadmissibility of the complaint against the decision to delegate jurisdiction to judge

Facts

The case concerns X., who is the subject of three administrative proceedings for meat smuggling. On 26 June 2002, the Federal Department of Finance (FDF) authorized the General Directorate of Customs (GDC) to transmit the file established against X. to the Public Prosecutor's Office of the canton of Neuchâtel, proposing to the competent court to impose on him a custodial sentence and a fine. X. filed a complaint against this decision on 28 June 2002, which was rejected by the head of the FDF on 10 July 2002.

X. filed a new complaint against this decision on 15 July 2002, requesting its annulment, the continuation of the investigations, and the guarantee of his right to access the file and his right to defense. The GDC and the FDF concluded that the complaint was inadmissible.

Considerations

The FDF's decision to delegate jurisdiction to judge does not constitute an investigative act within the meaning of arts. 32 to 72 ACLA, but rather a decision prior to referral for judgment. This decision cannot therefore be the subject of a complaint to the Chamber of this court.

The Court of Indictment considered that the mention contained in the dispositif 1 of the contested decision, referring to the public prosecutor's office and the canton to which the disputed file will be transmitted, has no independent scope. However, the complainant will be able to challenge the judgment referral order…