TPF, 17.12.2025, RR.2025.176, RP.2025.73, RP.2025.74
Facts
As part of a mutual legal assistance procedure with France, A. GmbH filed an appeal with the Appeals Chamber of the Federal Criminal Court. The appeal was directed against a supplementary decision to proceed and an execution order from the Geneva Public Prosecutor's Office, as well as a search warrant issued by the Zurich Public Prosecutor's Office. During the proceedings, on December 8, 2025, the appellant company informed the Court that it was withdrawing its appeal and agreed to bear the costs of the proceedings.
Law
The Court reiterates the legal framework governing mutual legal assistance between Switzerland and France, based primarily on the European Convention on Mutual Assistance in Criminal Matters (ECMA) and various bilateral and multilateral agreements. Domestic law, in particular the Federal Act on International Mutual Assistance in Criminal Matters (IMAC), applies on a subsidiary basis. Regarding procedure, the Court refers toArt. 63 para. 1 APA, applicable by reference. According to this provision, the costs of proceedings are borne by the unsuccessful party. Case law considers that a party who withdraws their appeal is treated as the unsuccessful party.
Application to the case at hand
The withdrawal of the appeal by A. GmbH rendered the proceedings moot. Consequently, the Appeals Chamber does not need to examine the merits of the case. The only remaining issue is the allocation of procedural costs. In accordance with the principle that the party who withdraws their appeal is considered the unsuccessful party, the Court has ordered the appellant company to bear the costs of the proceedings. The court fee was set at CHF 800.--.
Outcome
The Appeals Chamber of the Federal Criminal Court acknowledged the withdrawal of the appeal. It struck the case from the docket and ordered the appellant to pay a court fee of CHF 800.--. This fee is covered by the advance payment already made, with the balance to be refunded to the company.
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