Imposition of Costs in the Discontinuation of Criminal Proceedings after Transfer to Foreign Authorities

Facts

The Public Prosecutor's Office of the Canton of Zug conducted a criminal investigation against the German national X. for commercial fraud and multiple counts of breach of trust. When X. relocated his residence to Germany, the Public Prosecutor's Office of the Canton of Zug requested the Senior Public Prosecutor in Cologne to take over the criminal prosecution. After the proceedings were transferred to the German criminal prosecution authorities, the pending case in Zug was stayed. The Senior Public Prosecutor in Cologne discontinued the investigation proceedings against X. on August 24, 2012 due to insufficient suspicion of an offense.

By order dated February 11, 2015, the Public Prosecutor's Office of the Canton of Zug discontinued the reopened proceedings against X. and imposed the costs of the investigation of CHF 116,613.10 on him. X. filed a complaint against this. The High Court of the Canton of Zug partially upheld the complaint on October 21, 2015 and imposed the costs of the investigation proceedings on X. only to six-tenths.

Considerations

The Federal Supreme Court decided that the imposition of costs on the complainant X. is not compatible with the applicable federal law. After the transfer of criminal prosecution to a foreign country, the Swiss criminal prosecution authorities may no longer decide on any possible imposition of costs and are bound…