FPC, 17.12.2025, RR.2025.177, RP.2025.75, RP.2025.76
Facts
As part of an international mutual legal assistance procedure in criminal matters with France, the Public Prosecutor's Office of the Canton of Geneva issued a decision to initiate proceedings and an execution order. Subsequently, the Public Prosecutor's Office of the Canton of Zurich issued a search warrant. A. AG filed an appeal against these three decisions with the Appeals Chamber of the Federal Criminal Court. Before the Court ruled on the merits, the appellant declared in writing that it was withdrawing its appeal and agreed to bear the costs of the proceedings.
Law
The Appeals Chamber reiterates its jurisdiction to rule on appeals regarding international mutual legal assistance (Art. 37 para. 2 let. a LOAP in conjunction with Art. 25 para. 1 and 80e para. 1 IMAC). According toArt. 63 para. 1 of the Federal Act on Administrative Procedure (APA), applicable by reference from the LOAP, procedural costs are generally charged to the unsuccessful party. Case law considers a party that withdraws its appeal to be equivalent to an unsuccessful party. Consequently, it must bear the costs of the proceedings.
Application to the specific case
The appellant, A. AG, formally withdrew its appeal on December 8, 2025. Applying the aforementioned legal principles, it is considered the unsuccessful party. Therefore, it is responsible for the costs of the proceedings before the Federal Criminal Court. The Court sets these costs at CHF 800.
Outcome
The Appeals Chamber of the Federal Criminal Court acknowledges the withdrawal of the appeal. Consequently, it strikes the case from the docket and charges the appellant a fee of CHF 800. This amount is covered by the advance on costs already paid, and the remaining balance of CHF 2,200 is to be refunded to the appellant.
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