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RS 173.71 Federal Law of 19 March 2010 on the organisation of the criminal authorities of the Confederation (Law on the organisation of criminal authorities, LOAP)

Original Language Title: RS 173.71 Loi fédérale du 19 mars 2010 sur l’organisation des autorités pénales de la Confédération (Loi sur l’organisation des autorités pénales, LOAP)

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173.71

Federal Law on the Organization of the Criminal Authorities of the Confederation

(Law on the Organisation of Criminal Authorities, LOAP) * 1

19 March 2010 (State 1 Er December 2012)

The Swiss Federal Assembly,

Having regard to art. 123, para. 1, 173, para. 2, and 191 A , para. 1 and 3 of the Constitution 2 , given the message of the Federal Council of 10 September 2008 3 ,

Stops:

Title 1 General provisions

Art. 1 Purpose and scope

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.


Art. 2 Criminal Authorities of the Confederation

1 The criminal prosecution authorities of the Confederation are:

A.
The police;
B.
The Public Prosecutor's Office.

2 Have judicial powers in cases under federal jurisdiction:

A.
The Federal Criminal Court;
B.
The Federal Court;
C.
The cantonal courts for coercive measures, when they act on behalf of the Confederation.
Art. 3 Procedure Language

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:

A.
The language knowledge of the participants in the proceedings;
B.
The language in which the essential documents of the record are established;
C.
The language in use at the place where the first acts of instruction have been performed.

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.

Title 2 Criminal prosecution authorities

Chapter 1 Police

Art. 4 Performing policing tasks

Police tasks under federal jurisdiction are carried out by the following bodies:

A.
Federal Judicial Police;
B.
Other units of the Federal Police Office, where federal law assigns them tasks relating to criminal prosecution;
C.
Other federal authorities, where federal law assigns them tasks in relation to criminal prosecution;
D.
Cantonal police forces, when they carry out criminal prosecution tasks in cooperation with the criminal authorities of the Confederation.
Art. 5 Cantonal Police Force Status

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.

Art. 6 Liability for Injury

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.


Chapter 2 Public Prosecution of Confederation

Section 1 Authority and headquarters

Art. 7 Authority

At the federal level, the Public Prosecutor's Office is the Public Prosecutor's Office.

Art. 8 Seat and antenna

1 The Public Ministry of the Confederation is based in Bern.

2 It can create and delete antennas.

Section 2 Organization, Administration and Skills

Art. Attorney General

1 The Attorney General of the Confederation (Attorney General) heads the Public Prosecutor's Office.

2 In particular, it is responsible for:

A.
Ensure the professionalism and effectiveness of criminal prosecution in cases under federal jurisdiction;
B.
To establish and operate a rational organization;
C.
Ensure effective allocation of human resources, financial resources and infrastructure.

3 The Attorney General lays down a regulation on the organisation and administration of the Public Prosecutor's Office.

Art. 10 Deputy Prosecutors General

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.

Art. 11 Chief Prosecutors

Each unit of the Public Prosecutor's Office is headed by a Chief Prosecutor.

Art. 12 Prosecutors

Each prosecutor is assigned to one of the units of the Public Prosecutor's Office or directly attached to the Attorney General.

Art. 13 Directives and Instructions

1 Directives may be issued:

A.
The Attorney General, to the address of all employees of the Public Prosecutor's Office;
B.
The chief prosecutors, to the employees who are subordinate to them.

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.

Art. 14 Approval of Orders

Orders for classification, non-entry or suspension of proceedings shall be subject to approval by one of the following persons:

A.
The chief prosecutor, when rendered by a prosecutor;
B.
The Attorney General, when rendered by a Chief Prosecutor.
Art. 15 Remedies of the Public Prosecutor's Office

1 Have standing to appeal:

A.
The prosecutor who charged the accused and supported the accused;
B.
The chief prosecutor responsible for the unit that charged the accused and supported the accused;
C.
The Attorney General.

2 The persons referred to in para. 1 may restrict the use of certain aspects, withdraw them or transform appeals into joint appeals.

Art. 16 Administration

1 The Public Ministry of Confederation administered itself.

2 It is its services and requires the necessary staff.

3 He keeps his own accounts.

Art. 17 Report, draft budget and 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:

A.
The internal organisation of the Public Prosecutor's Office;
B.
Directives of general application;
C.
The number and type of closed and business cases and the workload of the different units;
D.
The use of human resources, financial resources and infrastructure;
E.
The number and outcome of appeals lodged against the ordinances and acts of procedure of the Public Prosecutor's Office.
Art. 18 Infrastructure

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.


Art. 19 Public Information

The Attorney General lays down guidelines for informing the public about pending proceedings.

Section 3 Appointment, period of office, dismissal and staff status

Art. Appointment and period of office

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).

Art. Revocation

The authority may revoke a member of the Public Prosecutor's Office before the end of its period of office in the following cases:

A.
It has committed a serious breach of its duty of function on an intentional or gross negligence basis;
B.
It is no longer able to carry out its function.
Art. Staff Regulations

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.

Section 4 Monitoring

Art. Composition and election of the supervisory authority

1 The Supervisory Authority is elected by the Federal Assembly.

2 It has the following seven members:

A.
A judge of the Federal Court and a judge of the Federal Criminal Court;
B.
Two lawyers registered in a cantonal register of lawyers;
C.
Three specialists who do not belong to a federal court and who are not registered in a cantonal register of lawyers.
Art. 24 Incompatibility

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.

Art. 25 Function Period

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.

Art. 26 Revocation

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:

A.
It has seriously violated its duty of function on an intentional or gross negligence basis;
B.
It has permanently lost the capacity to carry out its function.
Art. 27 Status and Organization of the Supervisory Authority

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.

Art. 28 Recusal

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.


Art. Monitoring and authority to issue direction from 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.

Art. Request for Information and Inspections of the Supervisory Authority

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.

Art. Other Tasks and Competencies of the Supervisory Authority

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.


Title 3 Judicial authorities

Chapter 1 Federal Criminal Court

Section 1 Headquarters, composition and monitoring

Art. 32 Seat

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.

Art. 33 Composition

The Federal Criminal Court consists of the following courses:

A.
One or more criminal cases;
B.
One or more complaints courses.
Art. 34 Monitoring

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.

Section 2 Criminal cases

Art. 35 Skills

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 .


Art. 36 Composition

1 There are three judges in the course of criminal cases.

2 The President of the Court shall act as a single judge in the cases referred to in Art. 19, para. 2, CPP 1 He may entrust this task to another judge.


Section 3 Complaint Courses

Art. Skills

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:

A.
On appeals in the field of international mutual assistance, in accordance with the following legislative acts:
1.
Act of 20 March 1981 on international mutual assistance 2 ,
2.
Federal Act of 21 December 1995 on cooperation with international tribunals to prosecute serious violations of international humanitarian law 3 ,
3.
Federal Act of 22 June 2001 on cooperation with the International Criminal Court 4 ,
4.
Federal Act of 3 October 1975 on the Treaty with the United States of America on Mutual Assistance in Criminal Matters 5 ;
B.
On complaints submitted to it under the Federal Act of 22 March 1974 on administrative criminal law 6 ;
C.
On appeals against decisions of the Federal Administrative Tribunal relating to the working reports of its judges and staff;
D.
On conflicts of jurisdiction between military and civil courts;
E.
On disputes submitted to it under the Federal Act of 21 March 1997 establishing measures for the maintenance of internal security 7 ;
F.
On disputes submitted to it under the Federal Act of 7 October 1994 on the Central Criminal Police Offices of the Confederation 8 ;
G.
On court disputes submitted to it under the Federal Law of 8 June 1923 on lotteries and professional betting 9 .

Art. 38 Composition

The course of the complaints shall be decided by three judges, except where this Law gives jurisdiction to the management of the proceedings.

Section 4 Applicable procedural law

Art. 39 Principle

1 The procedure before the courts of the Federal Criminal Court is governed by the CPC 1 And by this Law.

2 Are reserved:

A.
The cases provided for in s. 35, para. 2, and 37, para. 2, let. B, which are governed by the Federal Act of 22 March 1974 on administrative criminal law 2 ;
B.
The cases provided for in s. 37, para. 2, let. A, which are governed by the Act of 20 December 1968 on the administrative procedure 3 And the provisions of relevant mutual legal assistance laws;
C.
The cases provided for in s. 37, para. 2, let. C, which are governed by the Act of 24 March 2000 on the personnel of the Confederation 4 And by the Federal Law on Administrative Procedure;
D.
The cases provided for in s. 37, para. 2, let. E to g, which are governed by the Federal Act of 20 December 1968 on administrative procedure. 5

1 RS 312.0
2 RS 313.0
3 RS 172.021
4 RS 172.220.1
5 Rectified by the drafting committee of the Ass. Fed. (art. 58, para. 1, LParl; RS 171.10 ).

Art. 40 Revision, interpretation and correction of the statements of the complaints

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 RS 173.110
2 Rectified by the drafting committee of the Ass. Fed. (art. 58, para. 1, LParl; RS 171.10 ).

Section 5 Judges

Art. Composition of the tribunal

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.

Art. Election

1 The Federal Assembly elects the judges.

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

Art. 43 Incompatibility due to person

1 At the same time, they cannot be judges of the Federal Criminal Court:

A.
Spouses, registered partners and those who have a long-term common household;
B.
Spouses and registered partners of brothers and sisters, as well as those who have a long-term relationship with a brother or sister;
C.
Parents on direct line and, up to the third degree included, on a collateral line;
D.
Direct online allies and, up to the third degree included, on a collateral line.

2 L' al. 1, let. D, apply by analogy to persons who have a long-term common household.

Art. 44 Incompatibility due to function or activity

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.

Art. 45 Other activities

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.

Art. Occupancy rate, work reports and treatment

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.

Art. Oath or solemn promise

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.

Art. 48 Function Period

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).

Art. Revocation

The Federal Assembly may revoke a judge before the end of its period of office:

A.
He or she has seriously violated his duties as a function in an intentional or gross negligence;
B.
If it has permanently lost the capacity to carry out its function.
Art. 50 1

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).

Section 6 Organization and administration

Art. Regulation

The Federal Criminal Court shall issue a regulation on its organisation and administration.

Art. Presidency

1 The Federal Assembly shall elect from among ordinary judges, on a proposal from the Full Court:

A.
The President of the Federal Criminal Court;
B.
The Vice-President of the Federal Criminal 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.

Art. Full Court

1 The full Court shall consist of ordinary judges.

2 It is responsible for:

A. 1
To make regulations relating to the organization and administration of the court, the allocation of cases, the information, the costs of the proceedings and the costs and allowances provided for in s. 73;
B.
Make a proposal to the Federal Assembly for the election of presidential candidates and vice-presidency;
C.
Adjudicate requests to change the rate of occupancy of judges during their period of office;
D.
Adopt the management report and forward it to the Federal Assembly;
E.
To set up the courts and appoint their President on a proposal from the Administrative Commission;
F.
To assign the alternate judges to the courses on a proposal from the Administrative Commission;
G.
To appoint the Secretary-General and his alternate on a proposal from the Administrative Commission;
H.
Take a position on draft legislative acts;
I.
Decide on membership of international associations;
J.
To carry out the other duties assigned to it by law.

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 Rectified by the drafting committee of the Ass. Fed. (art. 58, para. 1, LParl; RS 171.10 ).

Art. Administrative Commission

1 The Administrative Commission shall consist of:

A.
The President of the Federal Criminal Court;
B.
The Vice-President of the Federal Criminal Court;
C.
Of three other judges.

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:

A.
Adopt the draft budget and the accounts for the Federal Assembly;
B.
To make decisions on the working reports of judges, provided that the law does not accord that jurisdiction to another authority;
C.
Hire the clerks and assign them to the courses on a proposal basis;
D.
Ensure that the provision of scientific and administrative services meets the needs of the court;
E.
Ensure adequate ongoing training of staff;
F.
To grant authorisations for the activities of ordinary judges outside the court;
G.
To deal with all other administrative matters which do not fall within the competence of the Full Court.
Art. Course Constitution

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.

Art. 56 Presidency of the Courts

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.

Art. 57 Vote

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.

Art. Distribution of cases

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.

Art. Clerks

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.

Art. 60 Administration

1 The Federal Criminal Court administers itself.

2 It is its services and requires the necessary staff.

3 He keeps his own accounts.

Art. 61 Secretary-General

The Secretary General directs the administration of the tribunal, including scientific services. He heads the secretariat of the Full Court and the Administrative Commission.

S. 62 Infrastructure

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.

S. 62 A 1 Data protection when using the electronic infrastructure

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

S. 63 Information

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.

Art. 64 Principle of transparency

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.


Chapter 2 Cantonal Tribunal of Constraint Measures

Art.

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.


Title 4 Additional procedural provisions

Art. 66 Political violations

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.

Art. 67 Offences committed by members of the Public Ministry of the Confederation

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.

Art. 68 Rights and duties of communication

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.

Art. 69 Notification by official publication

Notification by official publication takes place in the Federal Worksheet.

Art. Hearing of witnesses by the police

The Public Prosecutor's Office may, in a case in point, appoint members of the Federal Judicial Police to conduct the hearing of witnesses.

Art. Rewards

Awards may be granted:

A.
The Attorney General, at the preliminary stage of proceedings;
B.
The direction of the proceedings, at the stage of the debate.
Art. 72 Procedure in case of provisional arrest for contravention

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.

Art. Costs and allowances

1 The Federal Criminal Court fixes the following:

A.
How the costs of the proceedings are calculated;
B.
The tariff of emoluments;
C.
Costs allocated to the parties and allowances allocated to defenders, free legal advice, experts and witnesses.

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:

A.
The preliminary procedure;
B.
The first instance procedure;
C.
The appeal procedure.
S. 74 Execution by the cantons

1 The cantons are responsible for the execution of the following penalties and measures ordered by the criminal authorities of the Confederation:

A.
Work of general interest;
B.
Custodial sentences;
C.
Therapeutic measures;
D.
Internment;
E.
Monetary penalties;
F.
Fines;
G.
Preventive bonds;
H.
Prohibitions to practise a profession;
I.
Driving prohibitions.

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.


Art. 75 Execution by the Public Prosecutor's Office

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.

Art. 76 Subsequent Decisions

Subsequent decisions that are not within the jurisdiction of the Tribunal shall be rendered:

A.
By the competent body under the cantonal law, where the execution of a pronouncment by the criminal authorities of the Confederation is the responsibility of the cantons;
B.
By the Public Prosecutor's Office in other cases.

Title 5 Final provisions

Art. 77 Repeal and amendment of the law in force

The repeal and amendment of the existing law are set out in the Annex.

S. 78 Transitional provisions

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.


Art. Referendum and entry into force

1 This Law shall be subject to the referendum.

2 The Federal Council shall fix the date of entry into force.

Annex

(art. 77)

Repeal and amendment of the law in force

I

The following acts are repealed:

1.
The Act of 4 October 2002 on the Federal Criminal Court 1 ;
2.
Federal Act of 21 June 2002 on the seat of the Federal Criminal Court and of the Federal Administrative Tribunal 2 .

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 .


State 1 Er December 2012