Jurisdiction of the Authorities of the Canton of Valais to Prosecute and Adjudicate the Offenses of Zurbuchen

Facts

The case concerns Zurbuchen, who committed various offenses in several cantons in September and November 1965, including thefts, misappropriation of motor vehicles, and fraud. The military justice initially initiated proceedings against him, but then transferred jurisdiction to the ordinary courts without specifying a particular place of jurisdiction.

The Attorney General of the Canton of Bern then requested that the authorities of the Canton of Valais be declared competent to prosecute and adjudicate all of Zurbuchen's offenses. However, the investigating judge of Leuk and Westlich-Raron in the Canton of Valais requested that the authorities of the Canton of Bern be declared competent.

Considerations

The Indictment Chamber of the Federal Supreme Court decided that the authorities of the Canton of Valais are competent to prosecute and adjudicate all of Zurbuchen's offenses. The reasons are as follows:

When the Federal Military Department transfers jurisdiction to the ordinary courts without specifying a place of jurisdiction, the Indictment Chamber of the Federal Supreme Court can determine the competent place of jurisdiction. In this case, the Military Department had transferred jurisdiction to the ordinary courts without designating a place of jurisdiction.

According to Article…