FPC, 30.03.2026, RR.2026.22
Facts
As part of a mutual legal assistance procedure initiated by Italy, the Public Prosecutor's Office of the Canton of Geneva (MP-GE) conducted several investigative acts.
These acts included, in particular, the seizure of two cultural artifacts (an Attic lekythos and an Apulian situla) and the questioning of A., in his capacity as a committee member of association B., as a witness on December 10, 2025 (docs. 1.1 to 1.9).
By a partial closing decision dated January 26, 2026, the MP-GE ordered the transmission to the Italian authorities of several pieces of evidence, including the transcript of A.'s testimony and the documents annexed thereto (doc. 1.0).
On February 27, 2026, A. (hereinafter: the appellant) filed an appeal with the Appeals Chamber of the Federal Criminal Court against this closing decision (doc. 1).
The Appeals Chamber invited the appellant, by letter dated March 4, 2026, to pay an advance on costs of CHF 4,000 by March 16, 2026 (doc. 3).
By letter dated March 16, 2026, the appellant declared that he was withdrawing his appeal, citing his inability to pay the required advance on costs (doc. 4).
Law
When an appeal is withdrawn, the proceedings become moot and the case must be struck from the docket (recital 1).
In federal administrative proceedings, applicable by reference, procedural costs are generally charged to the unsuccessful party (Art. 63 para. 1 of the Administrative Procedure Act ); recital 3).
The party who withdraws their appeal is considered the unsuccessful party and must, in principle, bear the costs of the proceedings (recital 4).
However, when the withdrawal occurs at a very early stage of the proceedings, even before the respondent authority has been invited to submit its observations, the costs may be reduced to a nominal amount covering the administrative expenses incurred.
This reduction is provided for byArt. 73 para. 2 of the Criminal Authorities Organization Act (CAOA) and theArt. 8 para. 3 of the Regulations on Costs (RFPPF), in conjunction withArt. 63 para. 4bis APA (recitals 5, 6).
Application to the specific case
The appellant has formally withdrawn their appeal.
The proceedings have consequently become moot (recital 1).
The appellant did not submit a request for legal aid that would have exempted them from paying the advance on costs (recital 2).
By withdrawing the appeal, the appellant is considered the unsuccessful party and must bear the costs of the proceedings (recital 4).
However, the withdrawal occurred at a very early stage of the appeal investigation, even before the case file was requested from the MP-GE.
Under these circumstances, it is justified to reduce the court fee to an amount covering only the administrative costs incurred by the Court (recitals 5, 6).
Outcome
The Complaints Chamber acknowledges the withdrawal of the appeal. (Ruling 1)
The case is struck from the docket. (Ruling 2)
A reduced court fee of 100 CHF is charged to the appellant. (Ruling 3)