Is criminal law a major
Swissmedic's criminal prosecution authority extends to offenses against the law on therapeutic products, provided that its enforcement falls within the area of responsibility of the institute (cf. Art. 90 TPA). This includes in particular manufacturing, wholesale, cross-border trade and advertising.
In contrast, violations in connection with the use and dispensing of therapeutic products are the responsibility of the cantonal criminal authorities. In cases for which both Swissmedic and the canton are responsible, Swissmedic can delegate its area of responsibility to the cantonal public prosecutor's office and thus initiate what is known as the merger of the proceedings.
Swissmedic can issue fines and fines as well as measures (e.g. confiscations) directly in penalty notices and penalties. If imprisonment is possible, the judgment must be made by a cantonal court. If legal proceedings arise, Swissmedic will represent the indictment.
The criminal justice service
Swissmedic's tasks in the area of penal enforcement are performed by the criminal law department. This is part of the legal department. There are currently eight investigators working in the department. The specially trained investigators have competencies comparable to those of a public prosecutor. to a public prosecutor; in particular, they can conduct interrogations and take coercive measures such as confiscations and house searches, request the surrender of documents or request the arrest of suspicious persons.
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