Facts
The case concerns a company, C. AG, which sent offers for registrations in international telex and fax directories to recipients in Switzerland and abroad. The defendants, A. and B., were convicted of violating the federal law against unfair competition (UCA) by the court of first instance of the canton of Zurich, but were acquitted on appeal by the criminal court of the canton of Zurich. The public prosecutor of the canton of Zurich lodged a nullity appeal with the Federal Court.
The facts took place between 1994 and 1997. The new criminal prescription law came into force on October 1, 2002. The Federal Court must determine whether the new criminal prescription law applies in this case and whether the incriminated acts are prescribed.
Considerations
The Federal Court examined the provisions of the Swiss Criminal Code relating to the prescription of criminal proceedings (art. 70 ss and art. 333 SCC) and found that the new criminal prescription law came into force after the conviction of the defendants. The Federal Court decided that the new criminal prescription law does not apply in this case, as it is not more favorable to the defendants than the old law.
The Federal Court also examined the provisions of art. 2 and art. 337 SCC, which concern the more favorable law, and found that the new criminal prescription law is not more favorable to the defendants. The Federal Court therefore decided that the old criminal prescription law applies in this case.
The Federal Court also examined the consequences of the prescription of criminal proceedings on the criminal procedure and found that the prescription of criminal proceedings may have consequences on the criminal…