Key Benefits:
On 24 January 2012 (State 1 Er January 2016)
The Federal Criminal Court,
See art. 63, para. 3, of the Law of 19 March 2010 on the organisation of criminal authorities (LOAP) 1 ,
Stops:
This Regulation governs public information on the activities of the Federal Criminal Court (Court).
1 The court shall inform the public of its case-law (Art. 63, para. 1, LOAP) mainly through the regular publication of its opinions on the Internet and by the establishment of an official compendium containing a selection of the most important decisions (TPF; Judgments of the Swiss Federal Criminal Court).
2 If the proceedings are public, the court shall first inform by the oral notification of the judgment within the meaning of Art. 84, para. 1 and 3 of the Code of Criminal Procedure (PPC) 1 .
3 Judgments can be consulted at the Court Chancery for 30 days following their notification and the lifting of the embargo.
4 With regard to the administration of justice, the court shall inform the public mainly in the event of major changes at the level of its organisation or staff.
5 The date and purpose of the public debates are communicated on the Internet.
6 In special cases, the court also informs through press releases or, exceptionally, press conferences.
1 In principle, the court publishes all final decisions in its searchable database on the Internet. The other decisions shall be published only if they are in the public interest.
2 The pronouns shall be consulted in their entirety, subject to the provisions on the anonymization provided for in Art. 6.
3 Access to the database is free of charge.
1 The court publishes in its official collection the forcefully entered into force which have a significant legal significance.
2 The following principles apply:
3 The official collection "Judgments of the Swiss Federal Criminal Court (TPF)" is available free of charge on the Internet; the printed version pays off.
1 The court shall in principle publish its opinions in an anonymous form (Art. 63, para. 2, LOAP).
2 The names of the parties may exceptionally be published, where the public interest outweighs the private interests of the parties, especially when it is a known case ("famous cause") and the names are in any case already known to the Public.
3 Details on anonymization, skills and procedure are set out in the internal guidelines of the General Secretariat.
Requests for information should be addressed to the General Secretariat. The latter must in principle be filed in written form or by electronic mail.
1 Access to official documents is regulated by the Transparency Act of 17 December 2004 1 , art. 22 of the Regulation of 31 August 2010 on the organisation of TPF 2 As well as by the regulation of 17 January 2006 on archiving at the Federal Criminal Court 3 .
2 The General Secretariat shall act in accordance with Art. 194 CPI 4 On requests for consultation of files from other authorities; if the application relates to a file relating to a pending procedure, it is for the management of the proceedings to rule in accordance with Art. 101 and 102 CPP.
The chronicle of the court's judicial activity must respect the rights of the personality and, in particular, the presumption of innocence. In particular, the instructions of the Swiss Press Council on the declaration of the duties and rights of the journalist must be taken into account.
The provisions of this section apply only to journalists accredited to the court; they regulate for the remainder the process of accreditation of the latter.
1 Journalists who wish to regularly chronicle the judicial activity of the court for the media appearing or established in Switzerland and who undertake to respect the rules referred to in Art. 9 are accredited, upon request, by the General Secretariat. They may also be accredited for special trials.
2 Those who fulfil the conditions of registration in the professional register shall be deemed to be journalists.
3 Journalists already accredited to the Federal Court or the Federal Administrative Tribunal are, on express request, accredited without special formalities before the court. It is sufficient for them to submit a copy of their accreditation to the other federal courts and a resumé with a photo.
1 The written application for certification must be accompanied by a resumé with photo, an attestation from the employer or a description of the activity conducted as an independent and, if applicable, a copy of the press card; the application Also indicates the e-mail address to which the communications will be made.
2 Any changes must be reported to the court.
1 Accreditation is personal and not transferable. It is valid for a period of four years or, for a period of four years, for the remainder of the period. Renewal must be requested before the deadline.
2 Anyone who no longer holds the judicial review of the court must inform the court without delay.
3 The General Secretariat shall revoke accreditation when the conditions are no longer fulfilled.
1 The court provides the following to accredited journalists:
2 The prons within the meaning of para. 1, let. F, are sent prior to publication in the electronic database; an embargo is fixed in case of necessity.
3 In the case of "famous causes", the consignment is in principle simultaneously sent to the parties, subject to an embargo.
4 Sending is usually done electronically.
1 New content according to the c. I of the TPF R of Dec 15. 2015, in force since 1 Er Jan 2016 ( RO 2015 5563 ).
1 The court generally establishes an embargo on the dissemination of information provided in connection with the chronicle of judicial activity.
2 The embargo lapses when, before its expiry, the public has already been aware of the content of the delivery by another source of information.
1 Those who violate the provisions on accreditation may be subject to a warning by the General Secretariat.
2 In serious cases, accreditation may be temporarily suspended or permanently revoked.
3 The relevant press company and the Swiss Press Council may be informed of such sanctions.
The decisions of the General Secretariat on accreditation and sanctions, as defined in Art. 17, may be attacked within 30 days before the Administrative Commission of the Court.
The Regulation of 29 August 2006 on the principles of information and accreditation for the chronicle and the judicial activity of the Federal Criminal Court 1 Is repealed.
1 [ RO 2006 4473 ]
This Regulation shall enter into force on 1 Er July 2012.