173.713.151 federal criminal court regulation on accessory activities and public functions of its members (regulations of the federal criminal court on ancillary activities, RAATPF) of September 28, 2010 (Status January 1, 2011) the federal criminal court, view of art. 45, al. 2, of the Act of 19 March 2010 on the Organization of the criminal justice authorities (LOAP), stop: art. 1 definitions all commitment of limited or unlimited duration with the Confederation, including with institutions and foundations of the Confederation, is considered to be report of service within the meaning of art. 44, al. 1, LOAP.
The representation of third parties professionally before the courts within the meaning of art. 44, al. 4, LOAP means any representation paid before a judicial or administrative authority. The mandate on legal advice, becoming the subject of a proceeding shall be terminated. The prohibition of representation can be circumvented, for example by issuing proxies of substitution or the transfer of the mandate to an employee or a member of the same study of lawyers or business.
The function in the service of a canton within the meaning of art. 44, al. 5, LOAP means any activity within a cantonal authority or for a cantonal public law vested with public power facility. The exercise of a function or authority at the municipal level is not considered to be function in the service of a canton.
Organizations to major commercial orientation are considered commercial enterprises within the meaning of art. 44, al. 5, LOAP regardless of their legal form.
Art. 2 principles accessory activities and public functions should not adversely affect the accomplishment of the tasks of the tribunal, its independence, impartiality, reputation or that of the Member concerned.
Including infringed the reputation, the impartiality or independence of the tribunal when the accessory activity: a. gives to the judge or the judge concerned the appearance of prevention; b. is in connection with a commercial mandate which is executed in favour of the Court or the tribunal will have to be assigned in the future; c. is incompatible with the proper functioning of the tribunal; d. offers no guarantee of compliance with the prohibition of third party representation on a professional basis in the courts.
Volunteer activities are not subject to authorization.
Art. 3 full-time judges (art. 44, al. 5 and 45, para. 1, LOAP) load full time paid ancillary activities and following public functions may notably be authorized: a. participation in the arbitral tribunals established in the public interest, to institutions jurisdictional as well as committees and mandates for mediation and expertise; b. local public office; c. participation in the bodies of companies foundations or other organizations to ideal goal; d. loads specific teaching, editing comments, series of books or specialized periodicals; writing of monographs or essays as well as participation in presentations, conferences or study days require no permission.
Other paid ancillary activities or public duties may be allowed.
Share of compensation received for all ancillary activities authorized or not requiring any authorization and exceeding 10,000 francs a year is paid to the Fund of the federal criminal court. The compensation received for activities exceeding one year may be distributed on a pro rata of the exercise of these years.
Art. 4 part-time judges (art. 45, para. 1, LOAP) in addition to ancillary activities provided for in art. 3 of this regulation, paid ancillary activities and following public functions can notably be allowed in the case of part-time support: a. part-time cantonal judicial function; (b) participation in the arbitral tribunals and to committees and mandates of mediation and expertise; c. cantonal public services; d. part-time by a canton or a private commercial enterprise commitment e. independent gainful activity; f. Legal Council exercised as professional; g participation in the bodies of companies. foundations or other organizations to economic purpose.
Art. 5 authorization procedure (art. 45, para. 1, LOAP) permission requests should be directed to the general secretariat to the attention of the administrative Commission. Attachments, all useful parts, in particular concerning: a. the kind, the object and the duration of the ancillary activity; b. the time to be devoted; c. resulting obligations; (d) the observation of the grounds of incompatibility and exclusion.
The opinion of the administrative Commission may be previously asked if in doubt about the obligation to obtain permission for an incidental activity.
Art. 6 scope of the administrative authorisation the Commission may submit its authorization to conditions, attach loads or limit it in time, when this permission would be denied otherwise.
Art. 7 control the general secretariat is the control of the permissions granted.
The administrative Commission is at all times entitled to require of the members of the tribunal that they tell her about professional activities outside the Court.
The end of an ancillary activity is communicated to the general secretariat, to the attention of the administrative Commission.
Art. 8 entry into force this Regulation comes into force on January 1, 2011.
RO 2010 5805 RS 173.71 State on January 1, 2011