Commentaries: Art. 90

Prosecutions conducted at federal level shall be conducted by the Agency and by the FOPH in accordance with the ACLA¹. If the import, transit and export of therapeutic products also involves a violation of the Customs Act of 18 March 2005²or the Value Added Tax Act of 12 June 2009³, the FOCBS⁴shall prosecute and judge the offences.
If two or more federal authorities are competent to prosecute under this or another federal act, they may agree to bring the prosecution under one authority, provided the facts of the case are the same or are closely related.
Criminal proceedings in the sphere of enforcement of the cantons fall within their jurisdiction. The Agency may exercise the rights of a private claimant in the proceedings. The cantonal prosecutor shall inform the Agency of the initiation of preliminary proceedings.
If both the Confederation and the cantons have jurisdiction over a criminal matter that falls within the scope of application of this Act, the competent authorities may agree to unify the proceedings under federal jurisdiction.

SR 313.0 ↩
SR 631.0 ↩
SR 641.20 ↩
Name in accordance with No I 30 of the O of 12 June 2020 on the Amendment of Legislation as a consequence of the Change to the Name of the Federal Customs Administration as part of its further Development, in force since 1 Jan. 2022 (AS 2020 2743). This change has been made throughout the text. ↩

Art. 90