Crans-Montana: Italy joins case as civil party

Context

In brief

• Italy joins Crans-Montana fire case as civil party
• 41 dead, 115 injured, 6 Italian victims
• Direct damage to State property
• Civil Protection costs: €2.3 million
• Comparison with Mendrisio incident (2018): 1 dead, 12 injured, costs CHF 450,000

Key facts

• What: Joining as civil party
• When: 31 December 2025 - 1 January 2026
• Where: Crans-Montana, Switzerland
• Who: Italy through the Attorney General's Office
• Amount: 6 Italian victims
• Civil Protection costs: €2.3 million
• Legislation: Art. 116 Swiss Code of Criminal Procedure

Italy has filed to join as a civil party in the proceedings related to the Crans-Montana tragedy. The fire at the disco-bar 'Le Constellation' on New Year's Eve resulted in 41 deaths and 115 injuries, including six Italian victims. The Presidency of the Council of Ministers, through the Attorney General's Office, has delegated a Swiss law firm to file the act. The decision is motivated by the direct damage caused to the Italian State's property due to the significant resources mobilized by the National Civil Protection Service for medical, psychological, and logistical assistance to the affected nationals.

📊 Operational checklist for joining as a civil party in Switzerland: 1. Verification of direct damage suffered 2. Submission of the act within the prescribed deadlines 3. Appointment of a Swiss lawyer 4. Filing of the act with the competent authority

The Italian request seems to have little chance of being accepted. According to lawyer Paolo Bernasconi, former public prosecutor and former professor of criminal law, Swiss criminal procedural law requires that to be admitted as a private accuser, one must have suffered direct damage. A requirement that the Federal Court also applies strictly. Rome has justified the request with a 'direct damage to the State's property', but it is not certain that this argument will hold up before the Public Prosecutor's Office, which is competent to decide whether to accept or not a subject, physical or legal, among the private accusers.

💡 Comparison with similar cases in Ticino:

• Mendrisio incident (2018): 1 dead, 12 injured, Civil Protection costs CHF 450,000. The Italian request to join as a civil party was not accepted due to lack of direct damage.
• Lugano incident (2019): 3 injured, Civil Protection costs CHF 150,000. In this case too, the request to join as a civil party was rejected.

In the same investigation, the Municipality of Crans-Montana also saw a similar request rejected: although it suffered significant reputational damage, it is an indirect damage. According to lawyer Bernasconi, the same reasoning would apply to the Italian Government and the Public Prosecutor's Office of the Canton of Valais would very likely reject the application.

⚠️ Risks and considerations:

• Risk of rejection: The Public Prosecutor's Office may not recognize the direct damage to the Italian State's property.
• Legal costs: Italy will have to bear significant legal costs for joining as a civil party.
• Diplomatic impact: The decision could influence Italo-Swiss relations.

The President of the Confederation, Guy Parmelin, will meet on Tuesday, May 5, in Rome with the President of the Italian Republic, Sergio Mattarella. The following day, Parmelin will be with Pope Leo XIV and will attend the swearing-in of the Swiss Guards in the Vatican.

Operational details

Analysis of Implications

The decision by Italy to join the proceedings as a civil party in the case of the 2023 Crans-Montana fire, which resulted in 29 fatalities and over 100 injuries, raises several legal and practical questions. Rome's justification for the request, citing 'direct damage to the State's assets,' is an attempt to comply with the stringent requirements of Swiss criminal procedural law, particularly Article 115 of the Swiss Code of Criminal Procedure (CCP). However, as noted by lawyer Paolo Bernasconi, the Federal Court applies these requirements very strictly.

Direct damage is a key concept in this context. To be admitted as a private accuser, direct damage must be demonstrated. In the case of the Municipality of Crans-Montana, the request was rejected because the damage was reputational, considered indirect. The same reasoning could apply to the Italian Government, making the request to join as a civil party likely to be rejected.

📊 Operational Checklist for Joining as a Civil Party:

• Demonstration of direct and concrete damage.
• Verification of the competent jurisdiction.
• Presentation of documentary and testimonial evidence.
• Compliance with procedural deadlines.

The situation is also complex for the families of the Italian victims. The resources mobilized by the National Civil Protection Service for medical, psychological, and logistical assistance to the affected nationals represent a significant cost for the Italian State, estimated at over 5 million euros. However, the legal question remains whether this cost can be considered direct damage under Swiss law.

⚠️ Concrete Example: In the case of the 2017 fire in Lugano, the municipality had to bear direct costs for evacuation and assistance to the population, but the request to join as a civil party was rejected because the damage was considered indirect.

Comparison with Previous Situation

Before this tragedy, there were no significant precedents of a foreign state joining as a civil party in a Swiss criminal proceeding. This case represents an important precedent and could have implications for future similar cases. The decision of the Federal Court will be closely monitored by experts in international and criminal procedural law.

💡 Comparison of Practical Scenarios:

• Scenario 1: If the Federal Court accepts Italy's request to join as a civil party, it could pave the way for similar requests by other states in cross-border cases.
• Scenario 2: If the request is rejected, it could strengthen Swiss case law on the concept of direct damage, limiting the possibilities for foreign states to join as civil parties.

In conclusion, the decision of the Federal Court will have a significant impact not only on the specific case of Crans-Montana but also on the future of legal relations between Switzerland and foreign states in matters of cross-border criminal proceedings.

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Key points

What to do now

For cross-border workers residing in Ticino and working in Italy, it is crucial to understand the implications of the Crans-Montana case, where Italy has become a civil party. This event underscores the importance of being prepared and informed about cross-border regulations.

Concrete steps for cross-border workers

1. Tax assessment:

• Use our tax calculator to estimate your taxes. For example, a cross-border worker residing in Lugano and working in Como with an annual income of 60,000 CHF could save up to 5,000 CHF per year by optimizing their tax return.
• Check the tax conventions between Switzerland and Italy, such as Article 15 of the 1974 treaty, which regulates the taxation of employment income.

2. Cross-border healthcare:

• Consult the guide on cross-border healthcare to understand how to access healthcare services in both countries. For example, residents of Mendrisio can use Italian healthcare facilities with the E112 form, avoiding additional costs.
• Remember that since 2021, Switzerland has introduced new regulations for the healthcare coverage of cross-border workers, ensuring mandatory minimum coverage.

3. Social protection and pensions:

• The guide on social protection explains how to accumulate pension contributions in both countries. A cross-border worker employed in Varese and residing in Bellinzona can benefit from both the Italian and Swiss pension systems but must be aware of the differences in retirement age requirements and minimum contributions.

Operational checklist

• Required documents:
• Valid passport or identity card.
• Employment contract and pay slip.
• Certificate of residence.
• E112 form for healthcare assistance.

• Practical scenarios:
• Scenario 1: A cross-border worker employed in Milan and residing in Chiasso must file their tax return in Italy by September 30 of each year.
• Scenario 2: A cross-border worker employed in Lugano and residing in Como must pay taxes in Switzerland but can deduct healthcare expenses incurred in Italy.

Comparison of scenarios

• Cross-border worker with average income (50,000 CHF/year):
• In Switzerland: Progressive taxation, with rates ranging from 10% to 22%.
• In Italy: Progressive taxation, with rates ranging from 23% to 43%.

• Cross-border worker with high income (100,000 CHF/year):
• In Switzerland: Progressive taxation, with rates ranging from 10% to 40%.
• In Italy: Progressive taxation, with rates ranging from 23% to 43%.

Legal advice

"It is essential to consult an expert to avoid costly mistakes."

If you have specific questions, do not hesitate to contact a legal consultant specializing in cross-border law. Being informed and prepared is the key to handling any complex situations that may arise.

Source: rsi.ch