Following extensive investigations, the OAG has indicted the Romanian citizen, who has no fixed address in Switzerland, on multiple counts of misusing explosives and toxic gases with criminal intent, multiple aggravated theft and aggravated criminal damage, as well as unlawful entry.

Blowing open an ATM in Sevelen on 12 December 2019
According to the indictment, on 12 December 2019 the suspect used explosives to blow open an ATM in Sevelen in the canton of St Gallen, stealing CHF 126,600 in cash. In addition, the explosion caused serious damage to the ATM and the facade of the building concerned costing around CHF 100,000.

The indictment further states that the suspect committed these offences with an accomplice. In this connection, the OAG filed a separate indictment in October 2021 [1]. The related proceedings are pending before the Federal Supreme Court, with the result that the presumption of innocence also applies to this suspect.

Blowing open an ATM in Neftenbach on 20 December 2019
The OAG also alleges that the suspect blew open a further ATM eight days later in Neftenbach in the Canton of Zurich, stealing CHF 103,200 in cash. Here again, serious property damage costing around CHF 160,000 was done to the ATM, the building and a shop located in the building. In this case, the suspect is also believed to have acted with an accomplice. The person concerned has not been identified, despite extensive enquiries.

In the case of both attacks on the ATMs, the indictment states that the suspect used a highly explosive self-made substance that was unsafe to handle, thereby accepting the likelihood that people would be injured and property damaged.

Conduct of the proceedings
The OAG has conducted the proceedings concerned because it has jurisdiction over explosives offences in terms of Articles 224-226ter of the Swiss Criminal Code. In the course of the investigations, which began immediately, the Romanian national was successfully identified, made the subject of an international arrest warrant, and was then subsequently arrested in Denmark and extradited to Switzerland. The suspect has been serving an accelerated sentence since March 2023.

With the filing of the indictment, the Federal Criminal Court in Bellinzona becomes responsible for answering any further media enquiries. As is customary, the OAG will make its proposals for sentencing known at the main hearing. The presumption of innocence applies until a final judgment has been issued.

[1] With regard to this, see the related press release of the OAG from 07.10.2021 relating to the filing of the indictment. The court of first instance found the suspect guilty (Judgment SK 2021.45 of 22 December 2021, available on Federal Criminal Court website ). The suspect was then acquitted on appeal, (Judgment CA.2022.2 of 14 March 2023, available on Federal Criminal Court website). The OAG has appealed against this decision to the Federal Supreme Court, requesting that the conviction by the court of first instance be upheld. The appeal proceedings are pending before the Federal Supreme Court.

OAG's criminal proceedings concerning ATM-related explosives offences in Switzerland

- The OAG has jurisdiction over offences involving attacks on ATMs whenever explosives are used. In all other cases - for example, where gas or tools such as crowbars or circular saws are used, the cantons are responsible for investigating and prosecuting the offences.

- In the last two to three years, the OAG has noted an increase in the number of cases involving the use of explosives to blow open ATMs.

- The OAG is currently conducting criminal investigations into around 70 such cases.

- The perpetrators often operate in several different cantons or indeed countries. Conducting the proceedings thus requires a significant amount of time and resources. In part this is because many investigations must be conducted through international mutual assistance.

- Despite these challenges, the OAG, working with fedpol and other partners in Switzerland and abroad, has succeeded in identifying the perpetrators in a number of cases and has already secured several first-instance convictions in the Federal Criminal Court. In addition, a final judgment has been issued in the case of a Netherlands citizen who used explosives and various tools to break open ATMs in Switzerland (Judgment SK.2022.34 of 10. November 2022, available on Federal Criminal Court website).

Original text in German

Indictment filed on charges of blowing open two ATMs in the cantons of St Gallen and Zurich