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812.21 HMGLPTHLATER CH AI generated

Art. 90 Federal Act of 15 December 2000 on Medicinal Products and Medical Devices (TPA) - Prosecution

TPA; Chapter 8 Criminal Provisions
Open official source Full Act (141 Articles) Machine-readable Markdown (.md)

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Prosecutions conducted at federal level shall be conducted by the Agency and by the FOPH in accordance with the ACLA {note: SR 313.0} . If the import, transit and export of therapeutic products also involves a violation of the Customs Act of 18 March 2005 {note: SR 631.0} or the Value Added Tax Act of 12 June 2009 {note: SR 641.20} , the FOCBS {note: Name in accordance with No I 30 of the O of 12 June 2020 on the Amendment of Legislation as a consequence of the Change to the Name of the Federal Customs Administration as part of its further Development, in force since 1 Jan. 2022 ( AS 2020 2743). This change has been made throughout the text.} shall prosecute and judge the offences. If two or more federal authorities are competent to prosecute under this or another federal act, they may agree to bring the prosecution under one authority, provided the facts of the case are the same or are closely related. Criminal proceedings in the sphere of enforcement of the cantons fall within their jurisdiction. The Agency may exercise the rights of a private claimant in the proceedings. The cantonal prosecutor shall inform the Agency of the initiation of preliminary proceedings. If both the Confederation and the cantons have jurisdiction over a criminal matter that falls within the scope of application of this Act, the competent authorities may agree to unify the proceedings under federal jurisdiction.

Art. 90 TPA · Prosecution

Prosecutions conducted at federal level shall be conducted by the Agency and by the FOPH in accordance with the ACLA . If the import, transit and export of therapeutic products also involves a violation of the Customs Act of 18 March 2005 or the Value Added Tax Act of 12 June 2009 , the FOCBS shall prosecute and judge the offences.

If two or more federal authorities are competent to prosecute under this or another federal act, they may agree to bring the prosecution under one authority, provided the facts of the case are the same or are closely related.

Criminal proceedings in the sphere of enforcement of the cantons fall within their jurisdiction. The Agency may exercise the rights of a private claimant in the proceedings. The cantonal prosecutor shall inform the Agency of the initiation of preliminary proceedings.

If both the Confederation and the cantons have jurisdiction over a criminal matter that falls within the scope of application of this Act, the competent authorities may agree to unify the proceedings under federal jurisdiction.

← Art. 89 TPA Federal Act of 15 December 2000 on Medicinal Products and Medical Devices (TPA) - Purpose Art. 90a TPA →

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Court Decisions Applying This Provision (8)

BV.2025.38 (Art. 90 Abs. 1 HMG)
Right to be Heard Violation in Medicinal Products Case
Cited to establish the legal basis for the criminal prosecution conducted by the Federal Office of Public Health.
UE230315 · zh (Art. 90 Abs. 3 Satz 2 HMG)
Importation of Controlled Substance for Medical Use as "Particularly Light Case"
Cited in the reasoning as the specific legal basis allowing Swissmedic to exercise the rights of a private complainant in cantonal enforcement proceedings.
60.2013.100 · ti (Art. 90 cpv. 1 LATer)
Administrative Authority Access to Concluded Criminal Files for Drug Law Violations
Cited in the operative part as part of the applicable law used to justify the principal decision regarding the applicant's entitlement.
60.2013.103 · ti (Art. 90 cpv. 1 LATer)
Federal Agency Access to Concluded Criminal Case Files for Administrative Proceedings
This article establishing the applicant (IS 1) as the prosecuting authority is cited in the preamble to the ruling.
60.2013.105 · ti (art. 90 LATer)
Administrative Authority Access to Archived Criminal Files
This article defines the IS 1 as the authority competent for criminal prosecution under the LATer, establishing its standing.
UK050187 · zh (Art. 90 Abs. 1 HMG)
Pharmaceutical Company Advertising Illegality Dismissal Upheld
This provision establishes that federal administrative criminal proceedings are conducted according to the VStrR, which was a foundational element for the court's analysis.
60.2013.103 · ti (Art. 90 cpv. 1 LATer)
Supervisory Authority Access to Closed Criminal Files
This article defines IS 1 as the authority competent for criminal prosecution regarding violations of the LATer, supporting the justification for granting access.
60.2013.105 · ti (art. 90 cpv. 1 LATer)
Access to Archived Criminal File for Administrative Proceeding
Cited as the provision establishing the applicant's status as the competent prosecuting authority for violations of the LATer, which is key to recognizing its legitimate interest.