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RS 173.713.151 Regulation of the Federal Criminal Court of 28 September 2010 on ancillary activities and the public functions of its members (Rules of the Federal Criminal Court on incidental activities, RAATPF)

Original Language Title: RS 173.713.151 Règlement du Tribunal pénal fédéral du 28 septembre 2010 sur les activités accessoires et les fonctions publiques de ses membres (Règlement du Tribunal pénal fédéral sur les activités accessoires, RAATPF)

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173.713.151

Regulations of the Federal Criminal Court on the ancillary activities and public functions of its members

(Rules of the Federal Criminal Court on incidental activities, RAATPF)

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:

Art. 1 Definitions

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.

Art. 2 Principles

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:

A.
Gives the judge concerned or the judge concerned the appearance of the prevention;
B.
Is in connection with a trade mandate that is executed in favour of the court or that the court will have to award in the near future;
C.
Is incompatible with the proper functioning of the court;
D.
Offers no guarantee of compliance with the prohibition of third party representation in the courts.

3 Volunteer activities are not subject to authorization.

Art. 3 Full-time Judges

(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:

A.
Participation in arbitral tribunals established in the public interest, judicial institutions as well as mediation and expert commissions and mandates;
B.
Communal public functions;
C.
Participation in the bodies of companies, foundations or other ideal organisations;
D.
Ad hoc teaching loads, publishing of comments, series of specialized books or periodicals; writing of monographs or essays as well as participation in presentations, congresses or study days do not require any Authorization.

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. 4 Part-time Judges

(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:

A.
Part-time cantonal judicial function;
B.
Participation in arbitral tribunals as well as mediation commissions and mandates and expertise;
C.
Cantonal public functions;
D.
Part-time commitment by a township or private commercial enterprise;
E.
Independent gainful activity;
F.
Legal advice on a professional basis;
G.
Participation in the bodies of companies, foundations or other economic organisations.
Art. 5 Authorization procedure

(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:

A.
The type, purpose and duration of the ancillary activity;
B.
The time devoted to it;
C.
The obligations arising from it;
D.
Compliance with the grounds of incompatibility and exclusion.

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.

Art. 6 Scope of the authorization

The Administrative Commission may subject its authorisation to conditions, attach charges or limit it in time, where such authorisation would be refused without that.

Art. 7 Control

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.

Art. 8 Entry into force

This Regulation shall enter into force on 1 Er January 2011.



RO 2010 5805



State 1 Er January 2011