Facts
On 19 December 2017, the Criminal Chamber of the Federal Criminal Court sentenced [A.] for exploiting confidential information in the context of merger negotiations between B. Ltd. and C. SA, to a fine of 7'800 francs and a substitute claim in favor of the Confederation of 810'159 francs. The FSCA dismissed the criminal appeal against this decision on 26 April 2019 (ruling 6B_879/2018).
On 4 September 2019, [A.] requested the Appeals Chamber of the Federal Criminal Court to revise the judgment of 19 December 2017. The Appeals Chamber declared itself not competent on 7 November 2019.
[A.] filed a criminal appeal, requesting that the Federal Criminal Court declare itself competent to examine the request for revision, or alternatively, that the appeal be examined by the FSCA.
Considerations
The Appeals Chamber of the Federal Criminal Court considered that it was not competent to handle the request for revision, as revisions of decisions of the Criminal Chamber of the Federal Criminal Court were previously examined by the FSCA, according to the provisions of the Criminal Procedure Code (StPO). However, the FSCA considered that this approach was incorrect, as the jurisdiction for requests to revise judgments of the Criminal Court of the Federal Criminal Court had been transferred to the Appeals Chamber of the Federal Criminal Court on 1 January 2019.
The FSCA examined the applicable transitional provisions and considered that Article 132 paragraph 1 of the Federal Code of Civil Procedure (FSCA) was applicable, which means that the law in force at the time of the request for revision had to be applied. Since the request for revision had been filed after 1 January 2019, the Appeals Chamber of the Federal Criminal Court was competent to examine…