Rs 173.712.24 Order Of The Federal Assembly Of The 1 St October 2010 About The Organization And The Tasks Of The Supervisory Authority Of The Public Prosecutor Of The Confederation

Original Language Title: RS 173.712.24 Ordonnance de l’Assemblée fédérale du 1er octobre 2010 concernant l’organisation et les tâches de l’autorité de surveillance du Ministère public de la Confédération

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173.712.24 order of the Federal Assembly for the Organization and the tasks of the supervisory authority of the public prosecutor of the Confederation from October 1, 2010 (Status January 1, 2011) the Federal Assembly of the Swiss Confederation, view of art. 27, al. 3, of the Act of 19 March 2010 on the Organization of the criminal justice authorities (LOAP), saw the report of the Committee on Legal Affairs of the Council of States on May 20, 2010, given the opinion of the federal Council on 4 June 2010, stop: Section 1 purpose art. 1 this order regulates the Organization and tasks of the supervisory authority of the public prosecutor of the Confederation (supervisory authority) insofar as they are not regulated by the LOAP.

Section 2 members of the authority of surveillance art. 2 oath or solemn promise before their assumption of office, the members of the supervisory authority undertake by oath or promise to fulfil the duties of their function in conscience.
They take the oath or make the solemn promise before the supervisory authority.

Art. 3 ancillary activity the members of the supervisory authority operate ancillary.

Art. 4 resignation any member of the supervisory authority may resign at the end of a month subject to a period of six months.
The judicial Commission may, in special cases, grant a shorter leave period when no essential interest objects.

Art. 5 end of period of service when members of the supervisory authority which are not members of the federal court or the federal criminal court reach the age of 70, the period of service ends at the end of the calendar year.

Section 3 organization and tasks art. 6 principle the supervisory authority regulates its organization.
It sets the terms of his organization in a regulation.

Art. 7 chair the supervisory authority appoints its members the Chairman and the Vice-Chairman for a period of two years. They may be reappointed once their function.
The president represents the supervisory authority outside.

Art. 8 decisions the supervisory authority's valid when the majority of members are present.
It takes its decisions by a majority of voters.
In case of equality of votes, the Chairman has the casting vote.
Meetings of the supervisory authority are not public.

Art. 9 delegation of tasks the supervisory authority may delegate to one or more of its members the preparation of decisions and procedures training.
It can load a delegation of at least three members to carry out inspections.

Art. 10 secretariat the secretariat ensures the administration of the supervisory authority. It provides technical and administrative support.
The Secretary and other employees of the secretariat are hired by the supervisory authority.
The supervisory authority organizes the secretariat. She can get against payment of administrative and logistical services from other units of the Confederation. The terms are set out in service agreements.

Art. 11 the seat of the supervisory authority is in Berne.

Art. 12 report the authority monitoring reports of activity once per year to the Federal Assembly.
It adopts its activity report and additional reports on the proposal of the president. It determines the form of the report and the scope of the publication.

Art. 13 information the supervisory authority informs the public about its activity.

Art. 14 official secrecy members of the supervisory authority are required to keep secrecy on facts that come to their knowledge in the exercise of their official activity.
The supervisory authority serves as a superior authority to lift secrecy (art. 320, no. 2, of the penal code).

RS 311.0 Section 4 daily allowances and reimbursement of expenses article 15. the members of the supervisory authority shall be entitled to compensation for every day spent in meetings or inspections as well as journeys between their home and the place of these activities. The president receives a presidential benefit uninsured 12 000 francs per year.
The amount of the daily allowances and the reimbursement of expenses are regulated by the order of the Federal Assembly of 23 March 2007 on the per diem and travel of the judges of the federal court.
The federal court and the federal criminal court judges who are members of the supervisory authority are not getting any per diem.

RS 172.121.2 Section 5 right disciplinary art. 16 disciplinary measures if the supervisory authority finds that the public prosecutor of the Confederation or one of his deputies broke his duties as a function, it can decide the following disciplinary measures: a. warning; b. blame; c. reduction of salary by 10% within a year at most.

Art. 17 procedure disciplinary measures can be pronounced only after investigation.
The investigation automatically ceases once the period of service ends.
If the same facts give rise to an investigation and criminal proceedings, the decision on disciplinary action was adjourned until the end of the criminal proceedings. Exceptionally, it may, for good cause, be taken before the end of the criminal proceedings.

Art. 18 prescription disciplinary liability is prescribed by one year after the discovery of the offence to the duties of service but in all cases by three years after the last violation of these duties.
Is suspended for the duration of the criminal proceedings due to the same facts or until right known remedies exercised in the disciplinary procedure.

Art. 19 proposal for revocation if the supervisory authority concludes the disciplinary investigation that the conditions of revocation, it offers it to the Judiciary Committee. It attached to its proposal, the position taken by the public prosecutor of the Confederation or of his Deputy.

Section 6 entry into force art. 20. this order comes into force on January 1, 2011.

RO 2010 4549 RS 173.71 FF 2010 3751 FF 2010 3763 State on January 1, 2011

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