Facts
In August 1995, the Federal Office for Police Matters received information from the U.S. Drug Enforcement Administration (DEA) that various Mexican nationals, particularly R.S. and M.N., were allegedly holding significant assets from international drug trafficking in Swiss bank accounts. Consequently, the Swiss Federal Prosecutor's Office opened a criminal investigation against these persons on November 3, 1995, on suspicion of qualified violation of the Narcotics Act and money laundering.
In November 1995, the bank accounts of the accused persons in Switzerland were seized. The Mexican authorities also initiated criminal proceedings against R.S. and his wife P.C. for money laundering, illegal drug trafficking, and other offenses. Within the framework of a request for legal assistance, the Mexican authorities requested Switzerland to seize and transmit bank account documents.
By order dated October 19, 1998, the Federal Prosecutor's Office discontinued the criminal investigation and at the same time ordered the definitive forfeiture of the seized assets amounting to over 118 million U.S. dollars.
Considerations
The Federal Supreme Court decided that the Federal Prosecutor's Office was not competent to order the forfeiture of the assets. The offenses of money laundering and violations of the Narcotics Act are generally subject to cantonal jurisdiction, as they do not belong to the federal criminal offenses under Art. 340 of the Swiss Criminal Code.
The investigative powers of the Federal Prosecutor's Office under Art. 259 of the Swiss Criminal Procedure Code do not change this, as this provision only allows for individual, urgently necessary investigations. As soon as the suspicion of a criminal offense is confirmed and the place of jurisdiction is established, the proceedings must be transferred to the competent cantonal authorities.
Art. 73…