Question juridique clé
Whether the Federal Criminal Court had to decide the case itself, even if the conduct might only amount to an administrative misdemeanor under Art. 15a GKG.
Solution extraite
Yes. Under the indictment principle and perpetuatio fori, the court retained subject-matter competence to examine whether the charged facts constituted an administrative misdemeanor and, if so, to adjudicate it.
Motifs extraits
The court held that the charged factual complex defines competence first. If the facts may still fall under Art. 15a GKG, the seized court should not decline jurisdiction but must examine that possibility itself for reasons of procedural economy and because the higher court's competence remains once seised.