Rs 631.09 Order Of 4 April 2007 Regulating The Competences Of The Federal Administration Of Customs In Criminal Matters

Original Language Title: RS 631.09 Ordonnance du 4 avril 2007 réglant les compétences de l’Administration fédérale des douanes en matière pénale

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631.09 Ordinance regulating the competences of the Federal Customs Administration in criminal matters of April 4, 2007 (State March 1, 2016) federal Council, under art. 47, al. 2, of the Act of 21 March 1997 on the Organization of Government and administration, having regard to art. 130, al. 2, of the Act of March 18, 2005 on Customs (LD), stop: art. 1 general jurisdiction the Federal Administration of Customs (AFD) is competent to prosecute and try offences within the meaning of: has. art. 128, al. 2, LD; b. art. 32, al. 2, of the Federal Act of 9 March 1978 on the protection of animals; c. art. 36, al. 2, of the Act of 20 June 1997 on weapons; d. art. 88, al. 2, of the law of September 2, 1999, on VAT; e. art. 43, al. 2, of the Federal law of March 21, 1969, on the taxation of tobacco; f. art. 42, al. 2, of the Federal Act of 6 October 2006 on the taxation of beer; g. art. 40, al. 2, of the Federal Act of 21 June 1996 on taxation of vehicles automobiles; h. art. 42, al. 2, of the Act of 21 June 1996 on the taxation of mineral oils; i. art. 14, al. 2, of the Act of 8 October 1999 on CO2; j. art. 22 of the Act of 19 December 1997 concerning a levy on the weight heavy; k traffic. art. 56 of the Ordinance of 12 May 1999 on alcohol; l. art. 15 of the Act of 19 March 2010 on the motorway sticker; Mr. art. 61a, para. 3, of the law of 7 October 1983 on the protection of the environment; n. art. 50, al. 2, of the Act of 9 October 1992 on foodstuffs; o. art. 175, al. 2, of the law of 29 April 1998 on agriculture; p. art. 52, al. 2, of the Act of 1 July 1966 on epizootic diseases.

The General Directorate of Customs is competent to make decisions of the AFD in criminal matters, if this order does not delegate them to another authority of the AFD.

[RO 1981 562, 1991 2345, 1995 1469 s. 59 c. 1, 2003 4181 4803 annex c. 3, 2006 2197 annex c. 45.] RO 2008 2965 art. 43]. see currently the L of 16 Dec. 2005 (RS 455).
RS 514.54 [RO 2000 1300 1134, 2001 3086, 2002 1480, 2004 4719 annex c. II 5, 2005 4545 annex c. 2, 2006 2197 annex c. 52 2673 3243 5379 annex c. II 5, 2007 1411 annex c. 7 3425 annex c. 1 6637 annex c. II 5. RO 2009 5203 art. 110]. currently see the June 12, 2009 (SR 641.20) L.
RS RS 641.411 RS 641.51 RS 641.61 641.31 [RO 2000 979, 2007 1411 annex c. 10, 2009 5043 s. 10, 2010 951, 2011 13, 2012 351. RO 2012 6989 art. 46]. see currently the L of 23 Dec. 2011 on CO2 (RS 641.71).
New content according to Chapter 1 of the annex to the O of 27 Jan. 2016, in force since March 1, 2016 (RO 2016 513).
RS 641.81 RS 680.11 new content according to art. 11 c. 1 o of August 24, 2011 on the motorway sticker, in effect since Dec. 1. 2011 (2011 4111 RO).
SR 741.71 SR 814.01 RS 817.0 RS 910.1 RS 916.40 s. 2 jurisdiction in ordinary proceedings rounding directions are competent to award the mandates of repression and make special confiscation orders: a. If the expected fine does not exceed 5000 francs: 1. in the case of subtraction or threat to rights of customs, value-added tax, tax on tobacco, beer on motor vehicles and mineral oils, the charge on heavy goods traffic, tax on CO2, the incentive taxes on volatile organic compounds (VOCs), on extra light heating oil with a sulphur content greater than 0.1%, and, on gasoline and diesel oil with a sulphur content greater than 0.001% up to an amount of royalties of 4000 francs subtracted or endangered 2. in the case of prohibited traffic or diversion of the customs guarantee, up to a maximum of 4000 francs in value of the goods, 3. in case of crossing the border outside the Customs roads with motor vehicles untaxed or internal transport with such vehicles or during delivery by mistake of untaxed goods transported under the common transit procedure;

b. in the case of subtraction or threat to rights of customs, value-added tax, tax on tobacco, beer, motor vehicles and mineral oils, the levy on the traffic of lorries, the CO2 tax, the tax incentive on volatile organic compounds (VOCs) on heating oil extra light with a sulphur content greater than 0.1% and on gasoline and diesel oil with a sulphur content greater than 0.001%, committed in commercial goods traffic, by registrants for professional duty and professional drivers, up to an amount of royalties of 20,000 francs subtracts or jeopardized, unless prohibited traffic is simultaneously carried out and that the latter is more serious; c. in the event of non-compliance with requirements , up to a maximum of a fine of 2000 francs; d. in the event of violation of the Federal law of June 21, 1932, on alcohol, within the limits laid down in art. 56 of the Ordinance of 12 May 1999 on alcohol; e. where the Act of 19 March 2010 on the motorway sticker; f. for breach of the law of 9 October 1992 on foodstuffs, up to an amount of 4000 francs in value of the goods; g. for breach of the law of 1 July 1966 on epizootic diseases committed when importing meat and meat (including fish) product until competition of a weight of 100 kg, as well as dogs and domestic cats, provided that they have not undergone the prohibited practices within the meaning of the Federal Act of 9 March 1978 on the protection of animals at the same time.

RS 680 RS 680.11 new content according to art. 11 c. 1 o of August 24, 2011 on the motorway sticker, in effect since Dec. 1. 2011 (2011 4111 RO).
RS 741.71 RS 817.0 RS 916.40 [RO 1981 562, 1991 2345, 1995 1469 s. 59 c. 1, 2003 4181 4803 annex c. 3, 2006 2197 annex c. 45.] RO 2008 2965 art. 43]. see currently the L of 16 Dec. 2005 (RS 455).

S. 3 competence in simplified procedure are competent to award the mandates of repression in simplified according to art. 65, al. 1, of the Federal law on administrative penal law (DPA) on March 22, 1974: a. the General Directorate of customs and directions to district for all offences triable in simplified; b. the Customs offices, in subtraction or endangering of tariffs, value-added tax, tax on tobacco beer, motor vehicles and on mineral oils, the charge on traffic of lorries, the tax on CO2, volatile organic compounds (VOC) incentive tax on heating oil extra light greater than 0.1% and gasoline sulfur content and diesel oil with a greater than 0.001% sulphur content in commercial goods traffic, by professional registrants for duty and drivers professionals; c. Customs at other ticketing offices, if the criminal fine does not exceed 500 francs.

RS 313.0 s. 4 jurisdiction to adjudicate applications for review the district boards are competent to hear applications for review concerning the repression warrants issued by Customs offices.

S. 5 entry into force this order comes into force on May 1, 2007.

RO 2007 1793 RS 172.010 RS 631.0 State March 1, 2016

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