Commentaries: Art. 31

The prosecution and adjudication of offences is a matter for the cantons.
The FSVO shall investigate and judge contraventions as defined in Article 27 paragraph 2 that come to light in the context of the import, transit or export of animals and animal products at the authorised border inspection points. If, at the same time, there has been a contravention of the Customs Act of 18 March 2005¹or the Value Added Tax Act of 12 June 2009², the Federal Office for Customs and Border Security (FOCBS) shall investigate and judge the contraventions.³
If, in the import, transit or export of animals and animal products outside of the authorised border inspection points, there is at the same time a contravention of the Customs Act of 18 March 2005 or the Value Added Tax Act of 12 June 2009, the FOCBS shall investigate and judge the contraventions.⁴
If any contravention as defined in paragraph 1, 2 or 3 simultaneously constitutes a contravention to be prosecuted by the same federal authority under the Federal Act of 16 March 2012⁵on Trade in Protected Animal and Plant Species, the Customs Act of 18 March 2005, the Value Added Tax Act of 12 June 2009, the Foodstuffs Act of 20 June 2014⁶, the Epizootic Diseases Act of 1 July 1966⁷, the Hunting Act of 20 June 1986⁸or the Federal Act of 21 June 1991⁹on Fishing, then the penalty for the most serious contravention applies; it may be increased commensurately.¹⁰

SR 631.0 ↩
SR 641.20 ↩
Amended by No I 11 of the O of 12 June 2020 on the Amendment of Legislation as a consequence of the Change in the Name of the Federal Customs Administration as part of its further Development, in force since 1 Jan. 2022 (AS 2020 2743). ↩
Amended by No I 11 of the O of 12 June 2020 on the Amendment of Legislation as a consequence of the Change in the Name of the Federal Customs Administration as part of its further Development, in force since 1 Jan. 2022 (AS 2020 2743). ↩
SR 453 ↩
SR 817.0 ↩
SR 916.40 ↩
SR 922.0 ↩
SR 923.0 ↩
Amended by Annex No II 2 of the Foodstuffs Act of 20 June 2014, in force since 1 May 2017 (AS 2017 249;BBl 2011 5571). ↩

Art. 31