FPC, 07.01.2026, RR.2025.146, RR.2025.149, RP.2025.61, RP.2025.64
Facts
Brazil requested that Switzerland serve a summons on A. and B. in connection with an investigation into corruption and money laundering. The Federal Office of Justice (FOJ) forwarded the request to the Public Prosecutor's Office of the Canton of Vaud for execution. The cantonal police subsequently served the documents on the individuals concerned. Believing that no formal decision granting mutual legal assistance had been communicated to them, A. and B. filed separate appeals with the Appeals Chamber of the Federal Criminal Court. They requested the annulment of the granting of legal assistance and the refusal of the Brazilian request.
Law
Mutual legal assistance between Switzerland and Brazil is governed by the bilateral treaty (TEJBR) and, subsidiarily, by the Federal Act on International Mutual Assistance in Criminal Matters (IMAC). The service of procedural documents, such as a summons to appear (Art. 14 TEJBR : Art. 68 IMAC), is an "ancillary" act of mutual legal assistance and does not constitute a coercive measure. According to law and case law, a summons to appear served via mutual assistance is merely an invitation. The recipient is not required to comply, and no sanctions can be imposed on them in Switzerland for failure to appear (Art. 17 TEJBR ; Art. 69 IMAC). Consequently, the requested authority (the FOJ) only conducts a summary review of the request, without examining the merits of the case. The act by which the authority orders the service to be carried out does not constitute a decision subject to appeal within the meaning ofArt. 80e IMAC. The request is therefore executed without a decision on admissibility or closure, and no legal remedy is available to the recipient of the service.
Application to the specific case
The Appeals Chamber first joined the two proceedings for reasons of procedural economy, as requested by the appellants. On the merits, the Court applied established case law in this area. It ruled that neither the transmission of the request by the FOJ to the cantonal public prosecutor's office, nor the act of service itself by the police, constituted decisions subject to appeal. The service of a summons to appear is a simple act of execution that does not provide for any legal remedy. Superfluously, the Court clarified that the request to surrender passports contained in the served documents had no effect in Switzerland, as it was not accompanied by any threat of sanction and the appellants were not required to travel to Brazil. The fact that the Brazilian authorities subsequently decided to reissue the summons with more complete documents does not demonstrate any error on the part of the Swiss authorities during their initial summary review.
Outcome
The Federal Criminal Court has declared the appeals inadmissible. Consequently, the requests for suspensive effect and for a stay of proceedings have become moot or have also been declared inadmissible. The court costs, set at CHF 3,000, have been charged to the appellants on a joint and several basis.
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