Key Benefits:
19 March 2010 (State 1 Er December 2012)
1 This Law regulates the organisation of the criminal authorities of the Confederation and supplements the provisions of the Code of Criminal Procedure of 5 October 2007 (CPP) 1 In the area of federal jurisdiction.
2 It does not apply to criminal cases for which the Federal Ministry of the Confederation has delegated to a canton the instruction and the judgment or the sole judgment.
1 The criminal prosecution authorities of the Confederation are:
2 Have judicial powers in cases under federal jurisdiction:
1 The language of the proceedings is French, Italian or German.
2 The Public Ministry of the Confederation determines the language of the proceedings at the opening of the inquiry. In particular, it takes into account:
3 Once determined, the language of the proceedings shall be used until the conclusion of the procedure by a decision entered into force.
4 Exceptionally, it is possible to change the language of the proceedings for just reasons, in particular in the case of a junction or disjunction of proceedings.
5 The Directorate of Procedure may order that certain acts of procedure be carried out in one of the other languages referred to in para. 1.
6 The language of the proceedings before the court of coercive measures shall be determined by the cantonal law.
Police tasks under federal jurisdiction are carried out by the following bodies:
1 When cantonal police forces perform tasks in the field of federal criminal prosecution, they are subject to the supervision and instructions of the Public Prosecutor's Office.
2 The decisions and procedures of the cantonal police forces are subject to appeal before the Federal Criminal Court.
1 The Confederation responded, in accordance with the Law of 14 March 1958 on Liability 1 , damages caused without any right by the bodies referred to in s. 4 in the performance of police duties under federal jurisdiction.
2 When the Confederation repairs the damage, it has a recursive action against the canton in which the person who caused it is located. The procedure is governed by s. 10, para. 1, of the Act of 14 March 1958 on Liability.
At the federal level, the Public Prosecutor's Office is the Public Prosecutor's Office.
1 The Attorney General of the Confederation (Attorney General) heads the Public Prosecutor's Office.
2 In particular, it is responsible for:
3 The Attorney General lays down a regulation on the organisation and administration of the Public Prosecutor's Office.
1 The Attorney General has two substitutes (Deputy Prosecutors General).
2 Deputy Prosecutors General shall have the same powers as the Attorney General when they replace him.
Each unit of the Public Prosecutor's Office is headed by a Chief Prosecutor.
Each prosecutor is assigned to one of the units of the Public Prosecutor's Office or directly attached to the Attorney General.
1 Directives may be issued:
2 The Attorney General and the Chief Prosecutors may also, in a particular case, give instructions on the initiation, conduct or closure of the proceedings, in support of the prosecution or in the course of appeal.
Orders for classification, non-entry or suspension of proceedings shall be subject to approval by one of the following persons:
1 Have standing to appeal:
2 The persons referred to in para. 1 may restrict the use of certain aspects, withdraw them or transform appeals into joint appeals.
1 The Public Ministry of Confederation administered itself.
2 It is its services and requires the necessary staff.
3 He keeps his own accounts.
1 The Prosecutor General shall submit each year his draft budget and accounts to the Supervisory Authority of the Federal Public Prosecutor's Office (Supervisory Authority) for the Federal Assembly; he shall also submit his report on The activity of the Public Prosecutor's Office.
2 In particular, the report contains information on:
1 The Federal Department of Finance makes available, manages and maintains the buildings used by the Federal Ministry of Finance. It shall take appropriate account of the needs of the Public Prosecutor's Office.
2 The Public Prosecutor's Office covers the supply of goods and services in the field of logistics in an autonomous manner.
3 The Convention between the Federal Court and the Federal Council referred to in Art. 25 A , para. 3, of the Act of 17 June 2005 on the Federal Court 1 Shall apply mutatis mutandis to the arrangements for cooperation between the Federal Ministry of the Confederation and the Federal Department of Finance, subject to the conclusion of a different convention between the Public Ministry of Confederation and the Federal Ministry of Finance. Federal Council.
The Attorney General lays down guidelines for informing the public about pending proceedings.
1 The Federal Assembly (Chambers meeting) elects the Attorney General and Deputy Prosecutors General.
1bis Anyone who has the right to vote in federal matters is eligible. 1
2 The Attorney General appoints the other prosecutors. It may restrict its choice to persons who have the right to vote in federal matters. 2
3 The period of office is four years. It starts on 1 Er January following the beginning of the National Council.
1 Introduced by ch. I of the PMQ of 1 Er Oct. 2010, effective from 1 Er March 2011 ( RO 2011 349 ; FF 2010 3737 3763).
2 Phrase introduced by ch. I of the PMQ of 1 Er Oct. 2010, effective from 1 Er March 2011 ( RO 2011 349 ; FF 2010 3737 3763).
The authority may revoke a member of the Public Prosecutor's Office before the end of its period of office in the following cases:
1 The Federal Assembly regulates by ordinance the working reports and the treatment of the Attorney General and Deputy Prosecutors General.
2 In so far as this Law does not provide otherwise, the other prosecutors and the staff of the Public Ministry of the Confederation shall be subject to the laws on the personnel of the Confederation. The Attorney General takes decisions within the jurisdiction of the employer.
1 The Supervisory Authority is elected by the Federal Assembly.
2 It has the following seven members:
1 The members of the supervisory authority may not be members of the Federal Assembly or of the Federal Council or perform any other function in the service of the Confederation.
2 If they are registered in a cantonal register of lawyers, they may not represent a party before the criminal authorities of the Confederation.
1 The period of office of members of the Supervisory Authority shall be four years.
2 In the event of the departure of a member during the term of office, his or her successor shall be elected for the remainder of the period of office.
3 Members of the Federal Court and the Federal Criminal Court, who abandon this charge, leave the supervisory authority at the same time.
The Federal Assembly (Houses meeting) may revoke a member of the Supervisory Authority before the end of its period of office in the following cases:
1 The supervisory authority is itself.
2 It has a permanent secretariat and takes decisions within the competence of the employer.
3 The Federal Assembly shall specify by order the organisation and tasks of the Supervisory Authority.
The PPC's provisions 1 Concerning the recusal of persons performing a function within a criminal authority shall apply by analogy to the members of the Supervisory Authority.
1 The Supervisory Authority shall report to the Federal Assembly on its activity.
2 It may issue directives of general application on the manner in which the Public Prosecutor's Office is responsible for carrying out its tasks. All instructions in a case relating to the opening, proceeding or closure of the proceedings, to the representation of the accusation before the court or to the courts of appeal, are excluded.
3 It verifies that the instructions are complied with and takes, if necessary, measures in respect of the Public Ministry of the Confederation.
1 The Supervisory Authority may require the Public Ministry of the Confederation to provide it with additional information and reports on its activity and to carry out inspections.
2 The persons whom the supervisory authority is responsible for requesting the information or carrying out inspections shall have access to the procedural files to the extent that the fulfilment of their mandate requires them.
3 They may use the information they have been aware of only in general and anonymous form in order to prepare their reports and recommendations.
1 The Supervisory Authority shall submit to the Federal Assembly (Chambers meeting) the proposal for the dismissal of the Prosecutor General and Deputy Prosecutors General.
2 If a member of the Public Ministry of the Confederation elected by the Federal Assembly (Houses meeting) violates his duties of office, the supervisory authority may impose a warning or a reprimand or order a reduction in his salary.
3 The decision of the supervisory authority may be appealed to the Federal Administrative Court; the procedure is governed by the Federal Act of 20 December 1968 on the administrative procedure 1 .
4 The Supervisory Authority shall submit to the Federal Council its draft budget and its accounts, as well as the draft budget and accounts of the Public Prosecutor's Office. The Federal Council transmits them without changes to the Federal Assembly.
1 The seat of the Federal Criminal Court is in Bellinzona.
2 The Federal Criminal Court may sit elsewhere if circumstances warrant.
3 The Federal Council has the power to conclude an agreement with the canton of Ticino to settle its financial contribution to the costs of setting up the Federal Criminal Court.
The Federal Criminal Court consists of the following courses:
1 The Federal Court exercises administrative supervision over the management of the Federal Criminal Court.
2 The Federal Assembly exercises high surveillance.
3 The Federal Criminal Court shall submit to the Federal Court every year its draft budget, its accounts and its management report for the Federal Assembly.
1 The courts of criminal cases act in the first instance on criminal cases within the jurisdiction of the Federal Court, unless the Public Prosecutor's Office has delegated the judgment to the cantonal authorities.
2 They also decide on criminal cases referred to the Federal Criminal Court by the Federal Council pursuant to the Federal Act of 22 March 1974 on administrative criminal law. 1 .
1 The complaints courts adjudicate on cases of which the CPC 1 Confers jurisdiction on the appeal authority or the Federal Criminal Court.
2 They also state:
The course of the complaints shall be decided by three judges, except where this Law gives jurisdiction to the management of the proceedings.
1 The procedure before the courts of the Federal Criminal Court is governed by the CPC 1 And by this Law.
2 Are reserved:
1 Art. 121 to 129 of the Act of 17 June 2005 on the Federal Court 1 Apply, mutatis mutandis, to the revision, interpretation and correction of the decisions rendered by the courts of the complaints under s. 37 2 , para. 2.
2 Grievances which could have been raised in an appeal against the judgment of the Court of Justice cannot be invoked in a request for review.
1 The Federal Criminal Court consists of 15 to 35 ordinary judges.
2 Its membership shall be supplemented by deputy judges, the number of which shall not exceed one half of the number of ordinary judges.
3 The Federal Assembly determines the number of judges in an order.
1 The Federal Assembly elects the judges.
2 Anyone who has the right to vote in federal matters is eligible.
1 At the same time, they cannot be judges of the Federal Criminal Court:
2 L' al. 1, let. D, apply by analogy to persons who have a long-term common household.
1 Judges may not be members of the Federal Assembly or of the Federal Council or judges in the Federal Court or any other function in the service of the Confederation.
2 They shall not engage in any activity which may prejudice the exercise of their function as judge, the independence of the court or its reputation.
3 They may not perform any official functions for a foreign state or accept titles or decorations granted by foreign authorities.
4 They may not represent third parties in a professional capacity before the courts.
5 Full-time judges may not perform any function in the service of a canton or engage in any other gainful occupation. Nor can they be members of the management, the administration, the supervisory body or the review body of a commercial undertaking.
1 Ordinary judges must obtain the authorisation of the Administrative Commission to carry out an activity outside the court.
2 The Federal Criminal Court fixes the conditions for authorisation in a regulation.
1 Ordinary judges may perform their duties on a full-time or part-time basis.
2 The Full Court may, on fair grounds, allow a judge to change its occupancy rate during its period of office, provided that the total number of posts remains unchanged.
3 The Federal Assembly regulates the working reports and the treatment of judges by way of order.
1 Before taking office, judges shall take an oath or solemn promise to carry out their duties conscientiously.
2 They shall take the oath before the Full Court.
1 The period of office of judges shall be six years.
2 When a judge reaches the age of 68, his period of office ends at the end of the calendar year. 1
3 Vacancies are vacant for the remainder of the period.
1 New content according to the c. I 3 of the LF of 16 March 2012 (Increase in the maximum age of judges), in force since 1 Er Dec. 2012 ( RO 2012 5647 ; FF 2011 8255 8273).
The Federal Assembly may revoke a judge before the end of its period of office:
1 Repealed by c. 6 of the annex to the LF of 17 June 2011 (Consideration of requests to lift immunity), with effect from 5 Dec. 2011 ( RO 2011 4627 ; FF 2010 6719 6759).
The Federal Criminal Court shall issue a regulation on its organisation and administration.
1 The Federal Assembly shall elect from among ordinary judges, on a proposal from the Full Court:
2 They are elected for two years and can be renewed once in office.
3 The President shall preside over the Full Court and the Administrative Commission. He represents the Federal Criminal Court on the outside.
4 In the event of incapacity, it shall be replaced by the Vice-President and, if the latter is prevented, by the Dean of office and, on equal seniority, by the oldest member.
1 The full Court shall consist of ordinary judges.
2 It is responsible for:
3 The Plenary Court may only sit or decide by way of circulation with the participation of at least two-thirds of the judges.
4 Judges exercising their part-time function shall have one vote.
1 The Administrative Commission shall consist of:
2 The Secretary-General shall participate in the meetings of the Administrative Commission with a consultative vote.
3 The judges mentioned in para. 1, let. C, are appointed by the Full Court for two years and may be renewed once in their function.
4 The Administrative Commission is responsible for the administration of the court. It is responsible for:
1 The Court of Justice shall be the courts for two years. It makes their composition public.
2 When setting up courses, it takes into account the representation of official languages.
3 Any judge may be required to sit in another court.
1 The Presidents of the Courts shall be appointed by the Full Court for two years and may be renewed twice in their duties.
2 In the event of incapacity, the President shall be replaced by the Dean of office and, on equal seniority, by the oldest Member.
1 The Full Court, the Administrative Commission and the Courts shall make their decisions, take their decisions and make appointments by an absolute majority of the votes.
2 In the case of a tie, that of the President shall be paramount; if it is an appointment or a commitment, the fate shall be decided upon.
3 Abstentions shall be excluded when the Federal Criminal Court makes a judgment.
The Court of Justice shall lay down in a regulation the arrangements for the distribution of cases between the courts and the composition of the courts.
1 Clerks participate in the investigation and adjudication of cases. They have an advisory voice.
2 They prepare reports under the responsibility of a judge and write the decisions of the Federal Criminal Court.
3 They perform the other tasks assigned to them by the Regulation.
1 The Federal Criminal Court administers itself.
2 It is its services and requires the necessary staff.
3 He keeps his own accounts.
The Secretary General directs the administration of the tribunal, including scientific services. He heads the secretariat of the Full Court and the Administrative Commission.
1 The Federal Department of Finance makes available to the Federal Criminal Court the buildings used by the Federal Criminal Court, manages and maintains them. It shall take appropriate account of the needs of the court.
2 The Federal Criminal Court independently covers its requirements for goods and services in the field of logistics.
3 The Federal Criminal Court and the Federal Council regulate the arrangements for cooperation between the Federal Criminal Court and the Federal Department of Finance in a convention.
1 Art. 57 I To 57 Q The Act of 21 March 1997 on the organisation of government and administration 2 Apply by analogy to the use of the electronic infrastructure of the Federal Criminal Court as part of its administrative activity.
2 The Federal Criminal Court shall lay down the implementing provisions.
1 Introduced by ch. II 3 of the PMQ Er Oct. 2010, effective from 1 Er April 2012 ( RO 2012 941 ; FF 2009 7693 ).
2 RS 172.010
1 The Federal Criminal Court informs the public about its case-law.
2 The speeches are in principle published in an anonymous form.
3 The Federal Criminal Court rules the principles of information in a regulation.
4 It may provide for the accreditation of judicial columnists.
1 The Act of 17 December 2004 on transparency 1 Shall apply mutatis mutandis to the Federal Criminal Court to the extent that it performs tasks relating to its administration.
2 The Federal Criminal Court may exclude the mediation procedure provided for in Art. 13-15 of the Act of 17 December 2004 on transparency. In this case, it makes its position on the request for access in the form of a decision directly subject to appeal.
1 The courts for the coercive measures of the cantons where the public prosecutor's office of the Confederation has its seat or an office act on all the coercive measures referred to in Art. 18, para. 1, CPP 1 In cases under federal jurisdiction.
2 The court for the coercive measures of the place where the proceedings are conducted shall be competent.
3 The Federal Criminal Court shall decide on appeals against the decisions referred to in para. 1.
4 The Confederation compensates the cantons when a court of coercive measures rules in a case under federal jurisdiction. Compensation takes place on a case-by-case basis; it is calculated on the basis of the amount that the Court of Restraint Measures would set for the costs of proceedings in a similar case under the cantonal jurisdiction, increased by a quarter.
1 The prosecution of political offences is subject to authorization by the Federal Council. This can be refused if the country's interests so require.
2 The Public Ministry of the Confederation took interim measures without waiting for the decision of the Federal Council.
1 In the case of a criminal prosecution against a chief prosecutor or a prosecutor because of an offence in relation to his or her activity, the supervisory authority shall designate a member of the Public Prosecutor's Office or appoint an extraordinary prosecutor.
2 The Public Ministry of the Confederation takes provisional measures without waiting for the supervisory authority's decision.
1 The criminal authorities of the Confederation may disclose to other federal or cantonal authorities information on the criminal proceedings they conduct if they are absolutely required to carry out their legal duties.
2 The rights and duties of communication provided for in other federal statutes are reserved.
Notification by official publication takes place in the Federal Worksheet.
The Public Prosecutor's Office may, in a case in point, appoint members of the Federal Judicial Police to conduct the hearing of witnesses.
Awards may be granted:
The provisional arrest of a surprise person by the police in the act of ticketing or intercepted immediately after such an act must be approved, if it exceeds three hours, by a parrot officer of the Federal Judicial Police Or by a member of the police force authorised for that purpose by the cantonal law.
1 The Federal Criminal Court fixes the following:
2 The amount of the fee is calculated on the basis of the magnitude and difficulty of the case, the manner in which the parties are proceeding, their financial position, and the cost of chancery.
3 The range of the fees is between 200 and 100,000 francs for each of the following procedures:
1 The cantons are responsible for the execution of the following penalties and measures ordered by the criminal authorities of the Confederation:
2 The criminal authority of the Confederation shall designate in its delivery the canton competent in the field of enforcement, in application of the art. 31 to 36 PPC 1 .
3 The competent canton shall make enforcement orders.
4 It may retain proceeds from the enforcement of fines and monetary penalties.
5 The Confederation compensates him for the costs of implementing the custodial sanctions. The allowance shall be calculated according to the rates applicable to the canton competent for the execution of a cantonal judgment.
1 The Public Ministry of the Confederation is responsible for the execution of the decisions of the criminal authorities of the Confederation when it is not the responsibility of the cantons.
2 He shall entrust it to a service which is not responsible for the investigation or the laying of charges.
3 It may appeal to third parties for the confiscation and the realization of objects and values.
Subsequent decisions that are not within the jurisdiction of the Tribunal shall be rendered:
The repeal and amendment of the existing law are set out in the Annex.
1 The period of office of the members of the Public Prosecutor's Office which have been appointed by the Federal Council on the basis of the former right shall be determined in accordance with the former right.
2 The Convention of 6 July 2007 between the Federal Court and the Federal Council on Infrastructure Cooperation 1 Referred to in s. 25 A , para. 3, of the Act of 17 June 2005 on the Federal Court 2 By analogy the cooperation between the Federal Criminal Court and the Federal Department of Finance until the conclusion of the Convention referred to in Art. 62, para. 3, of this Act.
1 FF 2007 4991
2 RS 173.110
(art. 77)
I
The following acts are repealed:
II
The following laws are amended as follows:
... 3
1 [ RO 2003 2133 2131 art. 3 3543 Annex c. II 4 let. C, 2006 1205 Annex c. 4 2197 Annex c. 14 4213 ch. I 2, 2010 1881 Annex 1 c. II 4]
2 [ RO 2003 2163 , 2005 4603 art. 5 hp. 2]
3 The mod. Can be viewed at RO 2010 3267 .