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RS 173.711.33 Regulation of the Federal Criminal Court of 24 January 2012 on the principles of information

Original Language Title: RS 173.711.33 Règlement du Tribunal pénal fédéral du 24 janvier 2012 sur les principes de l’information

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173.711.33

Regulations of the Federal Criminal Tribunal on the Principles of Information

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:

Section 1 General provisions

Art. 1 Purpose

This Regulation governs public information on the activities of the Federal Criminal Court (Court).

Art. 2 Principles and Skills

1 The court shall inform in an objective and transparent manner by safeguarding the legitimate interests of the parties and other participants in the proceedings.

2 The information shall be provided by the General Secretariat on the instruction of the President of the Court.

Section 2 Ex-officio information

Art. 3 Principle

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.


Art. 4 Data Bank of the Delivered

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.

Art. 5 Official Reports of the Court

1 The court publishes in its official collection the forcefully entered into force which have a significant legal significance.

2 The following principles apply:

A.
Each delivery is preceded by a summary of its contents (reacts) in all three official languages;
B.
The elements of the statement of fact necessary for the understanding of the recitals in law are summarized in the essentials;
C.
Only the relevant recitals are published.

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.

Art. 6 Anonymization

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.

Section 3 Information on request

Art. 7 Information

Requests for information should be addressed to the General Secretariat. The latter must in principle be filed in written form or by electronic mail.

Art. 8 Access to official documents

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.


Section 4 Chronicle of judicial activity

Art. Principles

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.

Art. 10 Records

During the course of the proceedings, a person who is not a member of the court shall be prohibited from taking his or her catch of sight. The prohibition is valid in both the court building and in any place where a court hearing is held (s. 71 CPP 1 ).


Section 5 Accredited Journalists

Art. 11 Scope of application

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.

Art. 12 Accreditation

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.

Art. 13 Credential Request

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.

Art. 14 Duration and Revocation of Accreditation

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.

Art. 15 Court benefits

1 The court provides the following to accredited journalists:

A. 1
Upon prior request, a copy of the act of accusation; this document is generally distributed 14 days before the start of the proceedings;
B.
On request, a reserved place in the courtroom, to the extent that the premises permit;
C.
Access to the press room, to the extent that this space exists at the place of the debates;
D.
The possibility of making copies of documents during the course of public debates;
E.
Devices, in non-anonymized form, of judgments delivered in public hearings;
F.
Delivered for publication;
G.
The management report;
H.
On request, further information on the state of the proceedings;
I.
Press releases.

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 ).

Art. 16 Embargo

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.

Art. 17 Sanctions

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.

Art. 18 Right of appeal

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.

Section 6 Final provisions

Art. 19 Repeal of the law in force

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.


Art. Entry into force

This Regulation shall enter into force on 1 Er July 2012.



RO 2012 1463



State 1 Er January 2016