Executive Summary

The Supervisory Authority over the Federal Prosecutor's Office (AB-BA) monitored organizational reforms and governance issues in 2025. A central decision was the prohibition of so-called "side letters" – informal accompanying letters to criminal orders – as these lack a legal basis. The AB-BA also accompanied the formation of the new "Operations" department and suspended the IT project "Core.Link" for the renewal of the case management system. There is a need for improvement in the Federal Prosecutor's Office's risk management.

Persons

  • Federal Prosecutor (Role; head of the Federal Prosecutor's Office)

Topics

  • Supervision and governance
  • Corporate criminal law
  • Organizational reforms
  • IT projects
  • Risk management

Clarus Lead

The prohibition of "side letters" signals a tightening of supervisory practice and could have significant consequences for ongoing criminal proceedings against companies. The practice of relativizing convictions through informal letters had become established despite lacking legal foundation – a finding that raises questions about the rule of law and transparency. The reorganization of the Federal Prosecutor's Office with the new "Operations" department shows parallel efforts toward operational uniformity, while the suspension of the IT project "Core.Link" indicates technical and financial risks.

Detailed Summary

The AB-BA established that the Federal Prosecutor's Office had issued so-called "side letters" to convicted companies on multiple occasions. These accompanying letters to criminal orders partially relativized the convictions and thus created a discrepancy between the formal criminal order and informal communication. The AB-BA ordered the cessation of this practice, as the legal basis is lacking – a step intended to preserve the integrity of criminal enforcement.

A focus of supervisory activity was the reorganization of the Federal Prosecutor's Office. As of November 1, 2025, the new "Operations" department commenced operations to assume cross-cutting tasks and promote uniform operational procedures. The AB-BA welcomes this formation in principle and will continue to monitor its establishment. In parallel, the Federal Prosecutor suspended the IT project "Core.Link" for the renewal of the case management system – a decision that the AB-BA has found to be correct from its perspective. For the procurement of a new solution on the market, the AB-BA requires regular status reports.

An additional deficit appears in risk management: although a risk matrix was created for the first time, the AB-BA identified methodological deficiencies. This indicates potential for improvement in order to capture and manage risks more systematically.

Key Statements

  • The AB-BA has prohibited the illegal practice of "side letters" and thereby strengthened the legal integrity of criminal enforcement.
  • The Federal Prosecutor's Office's new "Operations" department is intended to promote operational uniformity and will be accompanied by the AB-BA.
  • The IT project "Core.Link" has been suspended; market-based new procurement is monitored with regular status reports.
  • The Federal Prosecutor's Office's risk management exhibits methodological deficiencies and requires improvement.

Critical Questions

  1. Data Quality: How systematically has the AB-BA documented and analyzed the "side letters" practice? How many cases were identified, and over what time period did this practice extend?

  2. Conflicts of Interest: What incentives may have motivated the Federal Prosecutor's Office to issue "side letters"? Was there pressure from companies or external influencing factors?

  3. Causality and Alternatives: To what extent do "side letters" affect actual criminal enforcement and company compliance? What legal instruments are available to the Federal Prosecutor's Office to differentiate criminal orders?

  4. Feasibility of Suspension: What risks arise from the delay in IT renewal? How long can the Federal Prosecutor's Office operate with the existing case management system?

  5. Governance Gaps: How could the "side letters" practice emerge and become established without a legal basis? Which control mechanisms of the AB-BA should have detected this earlier?

  6. Risk Management Deficits: What specific methodological deficiencies were identified in the risk matrix? What timeline is envisioned for remedying these deficiencies?

Source Directory

Primary Source: Communication from the Supervisory Authority over the Federal Prosecutor's Office (AB-BA) – https://www.news.admin.ch/de/newnsb/pP9n1-wbcilQ7AoUohThY

Verification Status: ✓ 04.06.2026

This text was created with the support of an AI model. Editorial responsibility: clarus.news | Fact-checking: 04.06.2026