Facts
The case concerns an individual, [A.], who was accused of driving a vehicle in Switzerland despite having his driver's license revoked. The facts took place on 24 April 2017, when [A.] was arrested and checked by the Swiss border guards at the Laufenburg border post, located on German territory. [A.] was accused of driving his vehicle despite having his driver's license revoked and of violating several road traffic rules.
The court of first instance acquitted [A.] of certain charges, but convicted him of others, including driving a vehicle despite having his driver's license revoked. The court of appeal confirmed the first instance decision and sentenced [A.] to a more severe penalty.
[A.] filed a criminal appeal with the Federal Court, arguing that the Swiss authorities were not competent to prosecute him, as the facts took place on German territory.
Considerations
The Federal Court examined the question of the territorial jurisdiction of the Swiss authorities for criminal prosecution in case of border crossing. It considered that the Swiss border guards were authorized to check the driving authorization of persons entering Switzerland with their vehicle, even if the check took place on German territory, in accordance with the Convention with the Federal Republic of Germany on border controls.
The Federal Court also considered that the Swiss authorities were competent for criminal prosecution, as the facts constituted an offense under Article 95 paragraph 1 letter b of the…