Questão jurídica principal
Whether the Swiss proceedings were barred by ne bis in idem due to the French conviction.
Decisão extraída
No. The foreign conviction concerned conduct in France, while the present case concerned conduct in Switzerland; therefore neither Art. 54 SDÜ nor Art. 11 StPO barred the prosecution.
Fundamentação extraída
The court held that the current offense occurred in Switzerland, so the Schengen rule invoked by the defense did not apply. The French judgment related to a different territorial basis.