Rs 173.712.22 Regulation Of December 11, 2012, On The Organization And Administration Of The Public Prosecutor Of The Confederation

Original Language Title: RS 173.712.22 Règlement du 11 décembre 2012 sur l’organisation et l’administration du Ministère public de la Confédération

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173.712.22 regulation on the Organization and administration of the public prosecutor of the Confederation of December 11, 2012 (State February 1, 2013) the public prosecutor of the Confederation, under art. 9, al. 3, of the Federal law of 19 March 2010 on the Organization of the prosecution authorities of the Confederation (LOAP), enacts the following regulation: art. 1 Organization of the public prosecutor of the public prosecutor of the Confederation (MPC) Confederation consists: a. Management; b. staff; v. central services; and information technology division d. operational units; e. Economics and Finance (CC WF) skills centre.

Its operational units are as follows: a. the competence Centre mutual (CC rice); b. the Protection of the State division, special offences and organized crime; c. the competence center terrorism (CC T) and the competence center international criminal law (CC V); d. the crime division economics I; e. the crime division economic II; f. antennas of Lausanne Lugano and Zurich.

S. 2 attorney general of Confederation the public prosecutor of the Confederation (Attorney general) heads the MPC from the point of view of material, staff and the Organization in the context of the relevant legal provisions. It represents the MPC to the Confederation prosecution authority.
The following permanent organs are subordinate to him: a. the operational staff of the Attorney general (OAB); b. the (SAR) resource management staff.

He can entrust to the Attorneys General to heads of division, alternate or federal prosecutors handle cases independently.

S. 3 tasks of Prosecutors General alternate alternate Attorneys General including assume the following tasks: a. they assist the Attorney general in the direction of the MPC; b. provide operative controlling of the proceedings conducted by the DCH; c. guiding procedures on behalf of the Attorney general and the monitor.

The distribution of tasks between the Attorneys General alternate figure on the organizational structure of the MPC, which is published on the site Internet of MPC.
The Deputy Attorney general who is responsible for the Task helper in the direction referred to in para. 1, let. a, is also the first alternate for the Attorney general.
Deputy Attorneys General can assume all the tasks devolved to the Crown by the code of criminal procedure (CCP).

RS 312.0 s. 4 direction the direction of the MPC consists of the Attorney general, two Deputy Attorneys General and Chief of staff.
The direction is the advisory body of the Attorney general. It meets regularly to discuss issues relating to material, staff or organization, to discuss important business or to prepare strategic decisions.
Others can be invited regularly or punctually at the management meetings.

S. 5 Chief of staff Chief of staff including assumes the following tasks: a. he assists the Attorney general in the direction of the whole non-operational area; b. it deals with appeals and denunciations relating to employees of the MPC; c. it ensures the security of persons and buildings.

Chief of staff rule itself the internal organization of the major State and submits for the approval of the Attorney general.
The legal service is subordinate to the General staff. It can lodge an appeal in accordance with art. 381, al. 4, let. a, CPP and represent the Attorney general in accordance with the Federal law of March 22, 1974 on criminal law administrative.

RS 312.0 RS 313.0 s. 6 Chief Federal prosecutors Chief operational units federal prosecutors assume particular tasks of direction following: a. they control procedures conducted in their operational unit to ensure uniform practice and conduct rational procedures; b. they advise people who they are subject in the conduct of the proceedings and intervene if necessary; c. respond by implementing the strategic direction of the MPC defined by the Attorney general; d. they represent the interface between their operational unit and the Attorney general on the one hand as well as the direction of other hand and they inform them on procedures conducted in their operational unit.

In the exercise of their executive functions, the Chief Federal prosecutors have competences to give instructions to their subordinates (art. 13, para. 1, let. b and 2, LOAP).

S. 7 units each operational unit is headed by a head of division at the rank of Chief federal prosecutor. Operational units adjust themselves their internal organization and submit it for the approval of the Attorney general.
They conduct criminal proceedings and mutual assistance procedures.
Teams of collaborators from several divisions may be incorporated to carry out procedures.
CC rice also assists all units when they are confronted with issues of mutual and international contacts. It coordinates the activities of the MPC in the matter.
The Attorney general may appoint coordinators for certain areas of crime; These people are responsible to coordinate the strategy of prosecution and the allocation of resources among the divisions.

S. 8 computer and central services division Informatics and central services is headed by a head of division. The division regulates itself its internal organisation and submits it to the approval of the Attorney general.
The field of computer science includes specialized applications, integration management and security of the MPC.
Central services provide services to the whole of the MPC.

S. 9 economy and Finance the CC WF skills Centre is headed by a head of division. It adjusts itself its internal organisation and submits for the approval of the Attorney general.
It supports the operational units conducting criminal proceedings or procedures for mutual economic and financial.

S. 10 operational staff of the Attorney general the Attorney general appoints five ordinary members of the ATO and their alternates. It ensures proper representation of the linguistic regions and divisions.
The OAB is headed by a Deputy Prosecutor; It has a secretariat. It meets usually once per week.
ATO decisions must be approved by at least three members. In an emergency, the president of OAB decides alone. Decisions may also be taken by written track.
Before opening a new procedure, the ATO shall ensure that the matter falls within the jurisdiction of the authorities of criminal prosecution of the Confederation. If the optional jurisdiction is retained, it ensures that the relevant procedure is part of the strategy of the MPC and the necessary resources are available.
He is the interlocutor of the cantons, the federal Office of justice, the Federal Judicial Police (PJF) and other services of the Confederation for everything related to the expertise in criminal proceedings and mutual assistance procedures.
He is the interlocutor of the collaborators of the MPC, the PJF and intelligence of the Confederation for questions of delimitation of competences.
Non-criminal procedure, it is the privileged interlocutor of the MPC and collaborators of the PJF for everything concerning the use of undercover agents, trusted people or informants.
The Attorney general can load it to examine specific issues of jurisdiction or procedure, or to accompany a proceeding underway.

S. 11 staff of resource management the SAR has at least six members. It is composed of three representatives of the MPC and three representatives of the PJF. The Attorney general shall appoint representatives of the MPC.
The SAR is headed by a Deputy Prosecutor; It has a secretariat. It meets usually once per week.
It manages centrally, at the Executive level, the PJF resources necessary for the conduct of the proceedings.
It is the common platform of the MPC and the PJF responsible for all issues regarding collaboration between the DCH and the PJF.

S. 12 principles for the allocation of cases the Attorney general assigns new business to organizational units so that they deal with. Cases that are not evident from federal jurisdiction are attributed to the OAB.
Within the competent organizational unit, the division head assigns the case. It ensures a fair distribution of responsibilities.

S. 13 categories of federal prosecutors the MPC uses federal prosecutors following categories: a. Chief federal prosecutor; b. federal prosecutor; federal Attorney substitute; d. federal prosecutor assistant.

Holders of the functions referred to in para. 1, let. a to c and can fulfil all the tasks devolved to the Crown by the PPC. Holders of the function referred to in para. 1, let. c, may draw up an indictment or sustain a charge on special permission from the Attorney general.
Holders of the function referred to in para. 1, let. d, assist the direction of the procedure. They can gather evidence, but not direct measures of constraint.

RS 312.0 s. 14 appointments for a period of function the Attorney general appoints Chief Federal prosecutors, federal prosecutors and alternate federal prosecutors for a period of service of four years (art. 20, paras. 2 and 3, LOAP).

Anyone who has the right to vote in federal matters is eligible.

S. 15 commissions the Attorney general may establish standing committees and ad hoc committees. Their missions, their duties and their powers are defined in a specific way.

S. 16 fees the MPC may charge fees for special services of the Chancery and its legal service.
The following fees may be levied: a. reproduction of documents: photocopying of A4 pages: 50 cents per page, photocopies of pages A3: 1 franc per page, but at least 2 francs;

b. other modes of reproduction: actual costs;

v. accompanied by consultation granted to third parties in the event of criminal order, after expiry of the period of 30 days: 40 francs per hour of work of administrative staff and 60 francs per half hour of work of scientific personnel;

d. accompanied by consultation granted to third parties in the event of other decisions terminating the proceedings, provided that the legal requirements have been recognized filled: 40 francs per half hour of work of administrative staff and 60 francs per half hour of work of scientific personnel.

The fee can be increased by 50% when the applicant requested that the service be provided urgently.

S. 17 guidelines the Attorney general provides the necessary guidance to the administration and the conduct of the proceedings. These guidelines are included in the Organization Manual, in the manual of procedures and manual of judicial police.

S. 18 repeal of the duty in force regulation of November 22, 2010, on the Organization and administration of the public prosecutor of the Confederation is repealed.

[2010 5993 RO]

S. 19 entry into force this Regulation shall enter into force on February 1, 2013.

RO 2013 207 RS 173.71 State February 1, 2013

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