Determination of Jurisdiction in Case of Offences Punishable by the Same Penalty

Facts

In this case, the Public Prosecutor's Office of the Canton of Aargau and the Public Prosecutor's Office of the Canton of Zurich are disputing jurisdiction to prosecute and try a defendant accused of misappropriation of funds and possibly fraud in both cantons.

According to the request, the defendant is accused of misappropriation of funds in the Canton of Aargau and possibly fraud. In the case of alternative charges, the jurisdiction must be determined based on the more severely punished offence. In both cantons, the defendant is accused of fraud, an offence punishable by the same penalty (imprisonment up to 5 years or incarceration).

Considerations

The SCC has ruled that Art. 172bis SCC, which allows the custodial sentence to be combined with a fine for offences against property, does not constitute an aggravation of the penalty and should therefore not be taken into account in determining the more severely punished offence. This article is simply intended to give the judge more flexibility in the…