Facts
This decision concerns a complaint filed by R. against the Federal Office of Energy. R. was the subject of two criminal orders fining him CHF 400 and CHF 500. Although the proceedings were dismissed, R. had to take measures to defend himself against these criminal orders, which resulted in significant costs for him. R. therefore requests compensation under Art. 99(1) of the Federal Act on Administrative Criminal Law (ACLA).Considerations
According to the case law of the Federal Tribunal, the obligation to compensate under Art. 99(1) ACLA does not apply to any minor damage. The citizen must in principle bear to a certain extent the risk of a materially unjustified criminal prosecution against him, necessary for the fight against crime in a state governed by the rule of law. The obligation to compensate therefore presupposes a certain gravity of the investigative acts and the resulting significant damage.
These considerations, although expressly stated for the detrimental consequences of an investigation, must also be applied by analogy to the damages suffered by the person concerned following a criminal order issued in administrative criminal proceedings (Art. 62 ACLA). Indeed, according to Art. 101(1) ACLA, the court must also rule on the compensation for damages suffered in the…