Denial of the Right to Appeal for the Administrative Authority Involved in Federal Administrative Criminal Proceedings

Facts

In this case, the Federal Customs Administration (the administrative authority involved) was convicted by a criminal order for smuggling. It appealed this decision to the cantonal court, but the latter declared its appeal inadmissible on the grounds that it did not have the right to appeal. The authority then filed a nullity appeal with the Federal Tribunal against this decision.

The Federal Tribunal ultimately considered that, according to federal law, only the Federal Public Prosecutor's Office, to the exclusion of the administrative authority involved, is entitled to file cantonal law appeals or a nullity appeal to the Federal Tribunal, in the context of proceedings under federal administrative criminal law. This solution is based on the analysis of the law and the preparatory work, which show that the legislator did not intend to confer an autonomous right of appeal to the administrative authority involved.

Considerations

The Federal Tribunal begins by recalling its previous case law on this issue. In a first judgment (ATF 81 IV 207), it had excluded the right to appeal of the federal administrative authority involved. Then, in a second judgment (ATF 105 IV 287), it had recognized this right, based on the status of party conferred on the administration by law.

However, a thorough analysis of the genesis of the law on administrative criminal law shows that the legislator did not intend to confer an autonomous right of appeal to the administrative authority involved, this being reserved for the Federal Public Prosecutor's…