Key Benefits:
Of 1 Er October 2010 (State 1 Er January 2011)
The Federal Assembly of Confederation Switzerland,
See art. 27, para. 3, of the Law of 19 March 2010 on the organisation of criminal authorities (LOAP) 1 , having regard to the report of the Committee on Legal Affairs of the Council of States of 20 May 2010 2 , having regard to the opinion of the Federal Council of 4 June 2010 3 ,
Stops:
This order shall order the organisation and tasks of the Supervisory Authority of the Public Prosecutor's Office (Supervisory Authority) insofar as they are not settled by the LOAP.
1 Before taking office, members of the supervisory authority shall take an oath or promise to fulfil in conscience the duties of their office.
2 They swear an oath or solemn promise to the supervisory authority.
The members of the Supervisory Authority shall exercise their activity as an accessory.
1 Any member of the supervisory authority may resign for the end of a month subject to a period of six months.
2 The Judicial Commission may, in special cases, grant a shorter period of leave when no essential interest is opposed.
When members of the supervisory authority who are not members of the Federal Court or the Federal Criminal Court reach the age of 70, the period of office ends at the end of the calendar year.
1 The supervisory authority regulates its organization.
2 It lays down the arrangements for its organisation in a regulation.
1 The Supervisory Authority shall appoint the President and the Vice-President for a period of two years. These can be renewed once in their function.
2 The Chair represents the external oversight authority.
1 The supervisory authority shall deliberate when the majority of the members are present.
2 It shall take its decisions by a majority of the voters.
3 In the case of a tie, that of the President shall be paramount.
4 The meetings of the Supervisory Authority are not public.
1 The supervisory authority may delegate to one or more of its members the appraisal of procedures and the preparation of decisions.
2 It may assign a delegation of at least three members to carry out the inspections.
1 The secretariat is responsible for the administration of the Supervisory Authority. It provides technical and administrative support.
2 The Secretary and other Secretariat staff shall be engaged by the Supervisory Authority.
3 The Supervisory Authority shall organise the secretariat. It may obtain payment of administrative and logistical benefits from other units of the Confederation. The terms and conditions are set out in benefit agreements.
The headquarters of the supervisory authority is in Bern.
1 The Monitoring Authority submits its annual activity report to the Federal Assembly.
2 It shall adopt its activity report and the additional reports on the proposal of the President. It determines the form of the report and the extent of the publication.
The supervisory authority shall inform the public about its activity.
1 The members of the supervisory authority shall be required to keep the secrecy of the function on the facts which come to their knowledge in the course of their official activity.
2 The Supervisory Authority shall act as the competent higher authority to lift the secrecy of office (Art. 320, c. 2, of the Penal Code 1 ).
1 The members of the Supervisory Authority shall be entitled to compensation for each day devoted to sittings or inspections as well as to journeys between their domicile and the place of those activities. The President receives an uninsured presidential allocation of 12 000 francs per year.
2 The amount of per diems and the reimbursement of expenses shall be paid by the Order of the Federal Assembly of 23 March 2007 concerning the daily allowances and travel allowances of judges of the Federal Court 1 .
3 Judges of the Federal Court and the Federal Criminal Court who are members of the supervisory authority shall not receive a daily allowance.
If the supervisory authority finds that the Attorney General of the Confederation or one of his alternates has breached his duties of office, the supervisory authority may impose the following disciplinary measures:
1 Disciplinary action can only be taken after investigation.
2 The investigation automatically ceases when the function period ends.
3 If the same facts give rise to an investigation and a criminal procedure, the decision on disciplinary measures shall be deferred until the end of the criminal procedure. Exceptionally, it may be taken, for just cause, before the end of the criminal proceedings.
1 Disciplinary liability shall be laid down in one year after the discovery of the infringement of the duties of office, but in any case by three years after the last infringement of these duties.
2 The limitation period is suspended for the duration of the criminal proceedings initiated on the basis of the same facts or to the right known to the remedies exercised in the disciplinary investigation procedure.
If the supervisory authority concludes from the disciplinary investigation that the conditions for revocation are met, it shall propose it to the Judicial Commission. It shall attach to its proposal the taking of the position of the Attorney General of the Confederation or his deputy.
