Federal Act on the Swiss Financial Market Supervisory Authority

¹For vi­ol­a­tions of the crim­in­al pro­vi­sions of this Act or the fin­an­cial mar­ket acts, the Fed­er­al Act of 22 March 1974¹ on Ad­min­is­trat­ive Crim­in­al Law ap­plies, un­less this Act or the fin­an­cial mar­ket acts provides oth­er­wise. The au­thor­ity re­spons­ible for pro­sec­u­tion and judge­ment is the FDF.

²Where pro­ceed­ings be­fore the courts are re­ques­ted or if the FDF is of the view that the re­quire­ments for a cus­todi­al sen­tence or a cus­todi­al meas­ure are met, the of­fence is sub­ject to fed­er­al jur­is­dic­tion. In such a case, the FDF shall refer the files to the Of­fice of the At­tor­ney Gen­er­al of Switzer­land for pro­ceed­ings be­fore the Fed­er­al Crim­in­al Court. The re­fer­ral is deemed to be the bring­ing of charges Art­icles 73–83 of the Fed­er­al Act of 22 March 1974 on Ad­min­is­trat­ive Crim­in­al Law ap­ply by ana­logy.

³The rep­res­ent­at­ives of the Of­fice of the At­tor­ney Gen­er­al of Switzer­land and of the FDF are not re­quired to ap­pear in per­son at the tri­al.