Facts
The Criminal Court of the Canton of Solothurn initiated criminal proceedings against the management of the Cantonal Bank of Solothurn (SKB) and the Bank of Kriegstetten due to suspected disloyal management, possibly disloyal management, in the context of the takeover of the Bank of Kriegstetten by the SKB. As part of these proceedings, the Criminal Court requested the Federal Banking Commission (FBC) to release its employees from professional secrecy so that they could provide information and evidence for the ongoing criminal investigation.
The FBC rejected the request, but offered to respond to written questions in an official report. The Criminal Court then filed a complaint with the Federal Court, requesting the annulment of the FBC's decision and the obligation for the FBC to lift professional secrecy to allow for the necessary witness hearings.
Considerations
The Federal Banking Commission is competent to decide whether to authorize its members and employees to testify about what they have learned in the exercise of their functions. The refusal to grant such authorization to a cantonal criminal prosecution authority may give rise to a dispute concerning judicial assistance within the meaning of art. 357 SCC.
The Indictment Chamber of the Federal Court is competent to judge this dispute. The power of review of the Indictment Chamber is limited and is restricted to verifying whether the applicable law or its application by the requesting authority restricts judicial assistance in such a way that it no longer corresponds to the concept of judicial assistance as defined in art. 352 StGB.
The FBC has a legal obligation to collaborate in the prosecution of certain offenses of which it becomes aware in the exercise of its supervisory activity. In such…