FCC, 01/13/2026, RR.2025.215, RR.2025.216
Facts
A. Ltd and B. have filed an appeal with the Appeals Chamber of the Federal Criminal Court. They are requesting the lifting of a seizure on a bank account and a finding of denial of justice by the Public Prosecutor's Office of the Canton of Geneva (MP-GE).
This appeal follows a previous proceeding: on September 20, 2025, the appellants had requested that the MP-GE lift the same seizure. The MP-GE issued a ruling on September 22, 2025. The appeal filed against this ruling was declared inadmissible by the Appeals Chamber on October 28, 2025, a decision that was not challenged before the Federal Supreme Court.
Law
The Appeals Chamber reaffirms its jurisdiction to rule on appeals regarding international mutual legal assistance, including those against interlocutory decisions (art. 37 para. 2 let. a LOAP and 80e EIMP). Its jurisdiction also extends to appeals for denial of justice or unjustified delay (art. 46a PA). A formal denial of justice occurs when an authority fails to rule on a request when it is required to do so.
Furthermore, the lifting of a coercive measure, such as a seizure, may be requested at any time from the authority that ordered it, particularly in the presence of new facts and provided there is no abuse of rights.
Application to the case at hand
The Court notes that the appeal of December 17, 2025, is not directed against a decision by the MP-GE that is subject to appeal, as the previous decision of September 22, 2025, has become final. The Court's jurisdiction can therefore only stem from the allegation of denial of justice.
However, the court notes that the MP-GE did indeed rule on the request to lift the seizure dated September 20, 2025, by issuing its decision two days later, on September 22, 2025. There has therefore been no denial of justice in this regard.
The appellants do not allege that they filed a new request to lift the seizure with the MP-GE that remained unanswered. In the absence of an appealable decision or a genuine denial of justice, the appeal is inadmissible.
Outcome
The Complaints Chamber declares the appeal inadmissible. The procedural costs, set at CHF 500, are to be borne jointly and severally by the appellants.
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