Facts
The case concerns an allegation of fraud against L. in connection with the loss and reimbursement of traveler's checks. On May 12, 1989, L. had purchased traveler's checks worth 10,000 Swiss francs from the Swiss Bank Corporation (SBG) in Basel. On May 14 and 15, 1989, he cashed two of these checks in Bellinzona and Lugano. On May 15, 1989, he reported the loss of traveler's checks worth 9,400 Swiss francs by telephone to the Central Office for Traveler's Checks in Bern. On May 16, 1989, he submitted the corresponding written reimbursement application in Basel, whereupon he received replacement checks from the Swiss Bank Association (SBV) in Basel on May 18, 1989, which he cashed the same day. L. had previously cashed twelve of the reported lost traveler's checks in the canton of Ticino.
On June 20, 1989, the Central Office filed a criminal complaint against L. with the City Police of Bern. Since the Ticino Cantonal Police in Locarno also dealt with the matter, a conflict of competence arose between the authorities of the cantons of Bern, Basel-Stadt, and Ticino.
Considerations
The Indictment Chamber of the Federal Supreme Court had to decide in which canton the criminal acts attributed to L. are to be prosecuted and judged.
According to Art. 346 para. 1 of the Swiss Criminal Code, the authorities of the place where the criminal act was committed are responsible for the prosecution and assessment of a criminal act. The act of execution in the case of fraud is any activity that, according to the perpetrator's plan, represents the last decisive step…