Summary
On 24 June 2026, the Swiss Federal Council opened a consultation on the redistribution of criminal prosecution competencies. In future, all offences in the field of terrorism as well as crimes against persons protected under international law (such as embassies) are to be prosecuted exclusively by federal authorities. In return, the cantons will assume responsibility for crimes against public transport employees. Additionally, the competencies of the supervisory authority over the Federal Prosecutor's Office (AB-BA) are being expanded. The consultation runs until 16 October 2026.
Persons
- Federal Council (collective institution)
Topics
- Criminal procedure law
- Terrorism prevention
- Federal competency distribution
- Federal Prosecutor's Office
Clarus Lead
The shift of terrorism offences to the federal level responds to the growing complexity of cross-border security threats and their political dimension. The step centralizes prosecution measures for offences with national security interests and creates clarity in fragmented cantonal structures. The reform signals a prioritization of efficiency and specialization in terrorism prevention, while simultaneously seeking to relieve federal authorities through competency transfer.
Detailed Summary
The Federal Council justifies the centralization by stating that previous analyses showed that targeted redistribution of competencies between the federal government and cantons could make criminal prosecution more efficient. The political dimension of terrorism offences argues for exclusive federal responsibility. This includes not only classical terrorism offences, but also attacks on objects protected under international law such as embassy buildings.
To relieve federal authorities, violent crimes and threats against public transport staff (for example, train conductors) are assigned to the cantons. In parallel, the Juvenile Criminal Procedure Code (JStPO) is being adapted to require cantonal authorities to report proceedings against minors in terrorism cases to the Federal Police Office (Fedpol). This corresponds to the mandate from Motion 24.3819 of the Security Commission North.
The supervisory authority over the Federal Prosecutor's Office (AB-BA) receives expanded competencies, mostly based on recommendations from the Audit Committee (GPK) of June 2021. The AB-BA can henceforth take a position before the election of federal prosecutors, enforce disclosure obligations towards BA members, carry out reassignments, or commission external disciplinary investigations. However, the Federal Council rejects comprehensive file access rights for the AB-BA, as this would jeopardize the independence of criminal prosecution.
Key Statements
- Centralization: Terrorism offences and crimes against persons protected under international law become exclusive federal responsibility
- Relief: Violent crimes against transport personnel transfer to cantonal authorities
- Supervision: Expanded control competencies of the AB-BA over the Federal Prosecutor's Office, with the exception of file access rights
- Implementation: Consultation until 16 October 2026; legislative amendments affect CPC and FPOA
Critical Questions
Evidence: On what empirical data is the assumption based that centralization in terrorism prosecution leads to measurable efficiency gains? Were comparative cases from other federal states analyzed?
Conflicts of Interest: Which cantonal authorities have raised concerns about competency transfer in the consultation? Are there resistances against assuming transport offences?
Causality: To what extent is the "political dimension" of terrorism offences a sufficient criterion for federal responsibility? Could specialized cantonal task forces achieve similar results?
Feasibility: How will coordination between Fedpol and cantonal authorities be practically implemented in proceedings involving minors? What additional resources will Fedpol receive?
Data Protection: What data protection measures protect minors when reported to Fedpol from stigmatizing early detection?
Independence: Why does the Federal Council reject file access rights for the AB-BA while expanding other control competencies? Is there a contradiction?
Transitional Law: How will ongoing proceedings currently under cantonal jurisdiction that fall under the new federal competency be handled?
Sources
Primary Source: Federal Council – Press Release on Criminal Prosecution Reform – 24.06.2026 https://www.news.admin.ch/de/newnsb/m2WgFqkAvvLj
Related Legislative Matters:
- Motion 24.3819 (SIK-N) – Juvenile Criminal Procedure Code
- Motion 21.3970 (RK-S) – Federal Prosecutor's Office Supervision
- Motion 21.3972 (RK-N) – Federal Prosecutor's Office Supervision
- Audit Committee (GPK) – Report 22.06.2021
Verification Status: ✓ 24.06.2026
This text was created with the support of an AI model. Editorial Responsibility: clarus.news | Fact-Check: 24.06.2026