FPC, 25.11.2025, RR.2025.159
Facts
As part of a criminal investigation into criminal mismanagement and money laundering, Ukrainian authorities submitted a request for mutual legal assistance to Switzerland, seeking the transfer of banking documents. The Office of the Attorney General of Switzerland (OAG) granted this request in a closing order dated October 1, 2025, ordering the handover of documents relating to an account held by Company A.
Company A., represented by its liquidator, filed an appeal against this decision with the Appeals Chamber of the Federal Criminal Court. The Court requested that Company A. pay an advance on costs of CHF 5,000, warning that failure to pay would result in the appeal being declared inadmissible. Company A. requested an exemption from this advance, arguing that it was in liquidation and no longer had any liquid assets. This request was rejected by the court, which set a final, non-extendable deadline for payment.
Law
According toArt. 39 para. 2 let. b LOAP in conjunction withArt. 63 para. 4 APA, if the required advance on costs is not paid within the prescribed time limit, the authority shall not consider the request or appeal.
In the event of inadmissibility, the costs of the proceedings are borne by the unsuccessful party (Art. 63 para. 1 APA). The amount of the costs is set in accordance with the Federal Criminal Court's Rules on Costs, Fees and Expenses in Federal Criminal Proceedings (RFPPF).
Application to the specific case
The Appeals Chamber notes that the appellant, Company A., did not pay the CHF 5,000 advance on costs within the final deadline it had been given, despite the rejection of its request for an exemption. The appellant's request to review additional documents regarding its financial situation did not lead the court to reconsider its interim decision on the advance on costs.
As payment was not made within the prescribed time limit, the admissibility requirement for the appeal has not been met. In accordance with the law and the warning given to the appellant, the Court therefore does not consider the appeal.
Outcome
The Appeals Chamber of the Federal Criminal Court does not consider the appeal. It orders the appellant, Company A., to pay court costs amounting to CHF 1,000.
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