Rejection of the authorization of a federal civil servant to testify as a witness and to provide documents in a criminal proceeding

Facts

The investigating magistrate's office A. is conducting a criminal investigation against Ms. X. for perjury. In the context of this investigation, the investigating magistrate's office requested to authorize the civil servant W. of the customs investigation service to testify as a witness and to provide relevant documents. The Federal Customs Administration and the Federal Department of Finance and Customs rejected this request. Thereupon, the investigating magistrate's office A. turned to the Indictment Chamber of the Federal Supreme Court to obtain the authorization of civil servant W.

Considerations

The Indictment Chamber of the Federal Supreme Court decided that the request for authorization of civil servant W. to testify as a witness and to provide documents constitutes legal assistance within the meaning of Art. 352 et seq. of the Swiss Criminal Procedure Code, which is to be decided by the Federal Supreme Court. The Federal Supreme Court concluded that the Federal Department of Finance and Customs had rightly refused the authorization.

Pursuant to Art. 28 of the Federal Act on the Employment Relationship of Federal Civil Servants (BtG), a civil servant may only testify about observations made in the performance of his duties with the authorization of the competent authority. Authorization may only be refused if the general interests of the country so require or if the authorization would significantly impair the administration in the performance of its duties.

In the present case, the Federal Supreme Court concluded that the authorization of…