Federal Act
on Medicinal Products and Medical Devices
(Therapeutic Products Act, TPA)

¹ Pro­sec­u­tions con­duc­ted at fed­er­al level shall be con­duc­ted by the Agency and by the FOPH in ac­cord­ance with the ACLA²⁶⁰. If the im­port, trans­it and ex­port of thera­peut­ic products also in­volves a vi­ol­a­tion of the Cus­toms Act of 18 March 2005²⁶¹ or the Value Ad­ded Tax Act of 12 June 2009²⁶², the FO­CBS²⁶³ shall pro­sec­ute and judge the of­fences.

² If two or more fed­er­al au­thor­it­ies are com­pet­ent to pro­sec­ute un­der this or an­oth­er fed­er­al act, they may agree to bring the pro­sec­u­tion un­der one au­thor­ity, provided the facts of the case are the same or are closely re­lated.

³ Crim­in­al pro­ceed­ings in the sphere of en­force­ment of the can­tons fall with­in their jur­is­dic­tion. The Agency may ex­er­cise the rights of a private claimant in the pro­ceed­ings. The can­ton­al pro­sec­utor shall in­form the Agency of the ini­ti­ation of pre­lim­in­ary pro­ceed­ings.

⁴ If both the Con­fed­er­a­tion and the can­tons have jur­is­dic­tion over a crim­in­al mat­ter that falls with­in the scope of ap­plic­a­tion of this Act, the com­pet­ent au­thor­it­ies may agree to uni­fy the pro­ceed­ings un­der fed­er­al jur­is­dic­tion.