FPC, 09.24.2026, RR.2026.114
Facts
As part of an international mutual legal assistance procedure in criminal matters, the Public Prosecutor's Office of the Canton of Vaud (For and Mutual Assistance Unit) issued a closing decision on August 12, 2026, ordering the handover of evidence (Facts, p. 1).
This closing decision was validly served at A.'s domicile in Switzerland on August 18, 2026, as evidenced by both the list of attached documents and the electronic tracking of Swiss Post shipments (Facts, p. 1 and considerations, p. 2).
By a brief dated September 16, 2026, but filed with a Swiss Post office on September 18, 2026, A. filed an appeal with the Appeals Chamber of the Federal Criminal Court against this closing decision (Facts, p. 1).
At the request of this Court on September 22, 2026, the Vaud Public Prosecutor's Office transmitted the contested decision along with the postal proof of delivery ("Track & Trace"), which were not among the documents initially produced by the appellant (Facts, p. 1).
Law
The Appeals Chamber of the Federal Criminal Court is the competent authority to hear appeals against closing decisions in mutual assistance proceedings issued by cantonal or federal executing authorities (art. 37 para. 2 let. a LOAPandart. 25 para. 1 in conjunction withArt. 80e para. 1 IMAC) (considerations, p. 2).
Pursuant toart. 80k IMAC, the time limit for appealing a closing decision is thirty days from the written communication of the contested act (considerations, p. 2).
In accordance with the Federal Act on Administrative Procedure, applicable by reference toArt. 39 para. 2 let. b LOAP, the statutory time limit begins to run on the day following the notification of the decision (Art. 20 para. 1 APA) and expires on the last day at midnight, unless extended if the deadline falls on a Saturday, Sunday, or a public holiday recognized by federal or cantonal law (art. 20 para. 3 APA) (considerations, p. 2).
Statutory time limits cannot be extended (Art. 22 para. 1 APA), and an extension of a time limit due to non-culpable failure to comply can only be granted upon an express, reasoned request filed within thirty days of the cessation of the impediment (Art. 24 para. 1 APA) (considerations, p. 2).
An appeal sent after the expiration of the statutory time limit is inadmissible due to being filed late, without the need to order an exchange of written submissions (Art. 57 para. 1 APA a contrario) (consideration, p. 2).
Application to the specific case
As the contested decision was delivered to the appellant's residence on Tuesday, August 18, 2026, the thirty-day appeal period began on Wednesday, August 19, 2026, in accordance with art. 20 para. 1 APA (consideration, p. 2).
Consequently, the mandatory statutory time limit of theart. 80k IMAC expired at midnight on Thursday, September 17, 2026 (consideration, p. 2).
However, although the brief bears the handwritten date of September 16, 2026, the package was only handed over to Swiss Post on Friday, September 18, 2026, according to the official postmark (consideration, p. 2).
The appeal was therefore filed after the expiration of the thirty-day time limit (consideration, p. 2).
As the appellant neither requested an extension of the time limit under art. 24 APA nor provided any legitimate reason for the impediment, the appeal is clearly late (consideration, p. 2).
Since the late filing immediately renders the action inadmissible, the Court declines to grant a period for formal rectification underArt. 52 paras. 2 and 3 APA regarding the lack of an original signature on the document or the failure to elect a domicile in Switzerland for the foreign representative (consideration, p. 3).
Outcome
The Complaints Chamber declares the appeal inadmissible (operative part 1, reasoning, p. 2).
A court fee of 300 CHF is charged to the unsuccessful appellant (operative part 2, reasoning, p. 3).