Jurisdiction of the Authorities of the Canton of Aargau for the Prosecution and Judgment of the Accused

Facts

X., born on July 5, 1942, lived in Sins (Canton of Aargau) and started an apprenticeship as a butcher in Cham (Canton of Zug) in the spring of 1958, where he had room and board. In July 1960, shortly after reaching the age of majority, he was arrested in Cham for repeatedly stealing money from the cash register of his apprenticeship masters during his apprenticeship. The Interrogation Office of Zug requested to transfer the case to the authorities of the Canton of Aargau in accordance with Art. 372 of the Swiss Criminal Code (StGB), which the Public Prosecutor's Office of Aargau rejected. The Indictment Chamber of the Federal Supreme Court then had to decide on the jurisdiction.

Considerations

The Indictment Chamber reached the following conclusion

• Although X. had committed the offenses predominantly before reaching the age of majority in the Canton of Zug, the authorities of the Canton of Aargau are responsible for the prosecution and judgment. This results from Art. 372 para. 1 of the Swiss Criminal Code, according to which the authorities of the canton of residence are generally responsible for offenses committed by juveniles under the age of 18.
• Although X. spent a considerable time in Cham during his apprenticeship, it could not be established that he had severed his ties to his place of residence in Sins and transferred the…