Facts
This judgment concerns a criminal proceeding conducted by the special investigating judge of the canton of Berne against a Yugoslav national, suspected of fraud and disloyal management. The judge ordered a search of the suspect's premises and seized several vehicles, including a Rolls-Royce, which was then transferred to a third party, E., in Sarnen, in the canton of Obwald. The judge requested the assistance of the canton of Obwald to seize the vehicle.
The justice commission of the canton of Obwald annulled the seizure decision, considering that the material conditions for confiscation were not met. The special investigating judge of the canton of Berne then seized the Criminal Chamber of the Federal Court, requesting the annulment of the decision of the justice commission of the canton of Obwald and the granting of the requested assistance.
Considerations
The Criminal Chamber of the Federal Court considered that, in matters of intercantonal mutual assistance, the requested authority is not empowered to examine the merits of the procedural act requested. It must limit itself to executing the request, in accordance with the procedural law of the requested canton.
The Criminal Chamber recalled that, according to case law, the procedural law of the requested canton applies in matters of intercantonal mutual assistance, but that the authorities of the requested canton must not examine the materiality of the request for assistance. It also emphasized that the responsibility for the request for assistance lies with the requesting canton, and that the authorities of the requested canton must not carry out an in-depth examination of the material conditions of the request.
The Criminal Chamber therefore annulled the…