Key Benefits:
28 September 2010 (State 1 Er January 2011)
The Federal Criminal Court,
See art. 45, para. 2, of the Law of 19 March 2010 on the organisation of criminal authorities (LOAP) 1 ,
Stops:
1 Any fixed-term or indefinite engagement with the Confederation, including with the institutions and foundations of Confederation, is considered a function report within the meaning of s. 44, para. 1, LOAP.
2 Representation of third parties on a professional basis before the courts within the meaning of s. 44, para. 4, LOAP refers to any representation paid to a judicial or administrative authority. The mandate for a legal counsel, which becomes the subject of a proceeding, must be terminated. The ban on representation cannot be circumvated, for example through the granting of proxies or the assignment of the mandate to a collaborator or a member of the same study of lawyers or business.
3 The function in the service of a canton within the meaning of Art. 44, para. 5, LOAP refers to any activity within a cantonal authority or in favour of a cantonal public law institution invested with public authority. The exercise of a function or authority at municipal level is not considered a function in the service of a canton.
4 The preponderant commercial organizations are considered to be commercial enterprises within the meaning of s. 44, para. 5, LOAP whatever their legal form.
1 The ancillary activities and public functions shall not affect the performance of the tasks of the court, its independence, impartiality or good reputation, or that of the member concerned.
2 In particular, the reputation, impartiality or independence of the court is damaged when the ancillary activity:
3 Volunteer activities are not subject to authorization.
(art. 44, para. 5 and 45, para. 1, LOAP)
1 In the event of a full-time charge, the following paid ancillary activities and public functions may be authorised in particular:
2 Other paid ancillary activities or public functions may be authorized.
3 The share of allowances received for all ancillary activities authorised or not requiring authorisation and which exceeds 10 000 francs per year shall be paid to the fund of the Federal Criminal Court. The allowance received for activities in excess of one year may be allocated to the pro rata for years of operation.
(art. 45, para. 1, LOAP)
In addition to the ancillary activities provided for in s. 3 of this Regulation, the following paid ancillary activities and public functions may, in particular, be authorised in the event of a part-time load:
(art. 45, para. 1, LOAP)
1 Requests for authorisation should be addressed to the General Secretariat for the attention of the Administrative Committee. All relevant documents are attached, in particular concerning:
2 The opinion of the Administrative Commission may be requested in advance in case of doubt as to the obligation to obtain an authorisation to carry on an ancillary activity.
The Administrative Commission may subject its authorisation to conditions, attach charges or limit it in time, where such authorisation would be refused without that.
1 The General Secretariat shall monitor the authorisations granted.
2 The Administrative Commission shall at all times be entitled to require the members of the court to provide information on professional activities outside the court.
3 The end of an ancillary activity shall be communicated to the General Secretariat, to the attention of the Administrative Commission.
This Regulation shall enter into force on 1 Er January 2011.