This paper demonstrates the interest which a victim of a transnational crime ORTHO-IRON may have in moving proceedings across the border.It also considers the means with which this can be done.By virtue of the passive personality principle, a Swiss victim can move proceedings back to Switzerland for a civil claim which would not otherwise have a forum in Switzerland.Further, it is suggested that there is a conflict between the passive personality principle and the prohibition of Fender Saddles double jeopardy.
This paper argues for a restrictive interpretation of the passive personality principle and a broadening of the principle of ne bis in idem.