Facts
The Swiss Federal Prosecutor's Office filed an appeal against the judgment of the Criminal Chamber of the Federal Criminal Court of 21 March 2012, in which various accused persons were acquitted of the charges of participation in a criminal organisation and money laundering. The Federal Prosecutor's Office requested, among other things, the confiscation of the seized assets of the accused based on Art. 70 and 72 SCC.
The Criminal Chamber of the Federal Criminal Court ruled in a decision of 30 April 2013 that its judgment of 21 March 2012 had become fully legally binding. The Federal Prosecutor's Office filed an appeal against this decision with the Appeals Chamber of the Federal Criminal Court, which dismissed this appeal by decision of 24 May 2013.
Considerations
The Federal Supreme Court concluded that appeals against decisions of the Criminal Chamber of the Federal Criminal Court on the legal force of their judgments are admissible to the Appeals Chamber of the Federal Criminal Court pursuant to Art. 438 para. 4 in conjunction with Art. 20 para. 1 lit. a and Art. 393 para. 1 lit. b CrimPC as well as Art. 35 para. 1 and Art. 37 para. 1 CJAA. An appeal in criminal matters to the Federal Supreme Court is not…