VW emissions: evidence seized
Bern, 09.12.2016 - Following a decision by the Appeals Chamber of the Federal Criminal Court, the Office of the Attorney General of Switzerland on 9.12.2016 seized evidence from the AMAG Group. The court had decided that investigations should be conducted, in particular involving AMAG, its bodies and employees. AMAG cooperated fully with the law enforcement authorities.
The association of all 26 cantonal prosecution services, the Conference of Swiss Public Prosecutors (SSK/CPS) reached an agreement last year with the Office of the Attorney General of Switzerland (OAG) that all criminal complaints filed in Switzerland in connection with the manipulation of VW exhaust emission values would be collected in one place, at the OAG. Subsequently the OAG transmitted around 2000 criminal complaints to the prosecutors in charge of the case in Braunschweig (Germany) in the context of the process of transferring proceedings. A criminal investigation is already being conducted in Braunschweig related to the manipulation of the emission values which covers all the 11 million vehicles around the world that are affected. The request for a transfer of proceedings was primarily made for this reason and because the criminal investigation is more likely to succeed if it is conducted locally. The Public Prosecutor’s office in Braunschweig has agreed to the request from Switzerland.
Following the successful transfer of the proceedings against the bodies of Volkswagen AG and in the absence of concrete suspicions against possibly involved persons in Switzerland, a no-proceedings order of prosecution was issued by the OAG. In response to this order, 596 persons, represented by one lawyer, decided to file an objection. They requested that a criminal investigation be opened, in particular against AMAG and its bodies.
The OAG argued before the Appeals Chamber of the Federal Criminal Court that there was no concrete evidence against anyone in Switzerland to establish an initial suspicion of a criminal conduct. Opening an investigation would therefore be equivalent to embarking on an unlawful “fishing expedition”. However, the Appeals Chamber of the Federal Criminal Court took the view that it could not be completely excluded that persons at AMAG were aware that emission values had been manipulated. Accordingly, in a decision dated 30 November 2016, it instructed the OAG to open an investigation against the bodies of AMAG, AMAG AG and Volkswagen AG in Switzerland.
The OAG has meanwhile opened a criminal investigation and carried out measures to secure evidence from the AMAG Group. AMAG cooperated fully with the law enforcement authorities. The presumption of innocence applies to all suspects.
Address for enquiries
André Marty, Head of External Relations at the Office of the Attorney General of Switzerland (OAG); +41 58 464 32 40; info@ba.admin.ch
Publisher
Office of the Attorney General of Switzerland
http://www.ba.admin.ch/
