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RS 173.712.243 Regulation of the Supervisory Authority of the Public Prosecutor's Office of 4 November 2010

Original Language Title: RS 173.712.243 Règlement de l’autorité de surveillance du Ministère public de la Confédération du 4 novembre 2010

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173.712.243

Regulation of the Supervisory Authority of the Public Prosecutor's Office

November 4, 2010 (State 1 Er January 2011)

The Supervisory Authority of the Public Prosecutor's Office (Supervisory Authority),

See art. 27, para. 1, of the Federal Act of 19 March 2010 on the organisation of the criminal authorities of the Confederation (LOAP) 1 , given art. 6, para. 2, of the Order of the Federal Assembly of 1 Er October 2010 concerning the organisation and tasks of the Supervisory Authority of the Public Ministry of the Confederation 2 ,

Stops:

Section 1 Tasks and organization

Art. 1 Monitoring authority tasks

The supervisory authority shall carry out the tasks conferred on it by s. 29 to 31 LOAP.

Art. 2 Decisions

1 The supervisory authority may validly deliberate if the majority of its members is present.

2 It shall take its decisions by a majority of the voting members.

3 In the event of an emergency, it may make its decisions by way of circulation or by electronic means.

4 In the event of a tie, the voice of the President shall be decisive.

Art. 3 Task Delegation

1 The monitoring authority can establish task groups that are responsible for specific tasks.

2 It may delegate procedural instruction and the preparation of decisions to one or more of its members.

3 It may entrust inspections to a delegation consisting of at least three of its members.

Art. 4 Experts

1 The supervisory authority may use Swiss or foreign experts.

2 Experts are subject to the secrecy of the function, as are the members of the supervisory authority.

Art. 5 Disciplinary Procedure

The disciplinary procedure laid down in Art. 31, para. 2, LOAP is governed by Art. 16 to 19 of the Order of the Federal Assembly of 1 Er October 2010 concerning the organisation and tasks of the Supervisory Authority of the Public Prosecutor's Office of the Confederation and, in the alternative, by the Federal Act of 20 December 1968 on the administrative procedure 1 .


Art. 6 Recusal

1 The members of the supervisory authority shall inform the President of any grounds for objection.

2 If the objection is contested, the decision shall be taken by the supervisory authority in the absence of the member concerned.

3 For the rest, art. 56 to 60 of the Code of Criminal Procedure 1 Are applicable by analogy.


Section 2 President

Art. 7

1 The President is responsible for the following tasks:

A.
Represent the supervisory authority outside of Canada;
B.
Conduct the sessions of the supervisory authority;
C.
Organizing and monitoring the secretariat;
D.
Report to the supervisory authority on the business process;
E.
Approve invoices;
F.
Negotiating administrative or logistical benefits agreements with federal services;
G.
Carry out the other tasks assigned to it by this Regulation.

2 In the event of incapacity, he shall be replaced by the Vice-President.

Section 3 Secretariat

Art. 8 Organization

1 The secretariat shall consist of a secretary and, where appropriate, other staff members.

2 The Supervisory Authority shall engage the Secretary and other staff and shall decide on the terms of engagement. The Act of 24 March 2000 on the Personnel of the Confederation 1 Is the normative act of reference.

3 The seat of the secretariat is in Bern.


Art. Tasks

1 The secretariat shall physically and administratively assist the supervisory authority.

2 It is responsible for the following tasks:

A.
Dealing with current affairs;
B.
Organize meetings and prepare minutes;
C.
Participate in the investigation of proceedings under the direction of the Chairperson or delegated member;
D.
Preparing draft reports and decisions;
E.
Hold the accounts;
F.
Prepare the annual budget and accounts of the Supervisory Authority;
G.
Manage archives.
Art. 10 Status

1 The members of the secretariat shall be subject to the secrecy of the function.

2 Decisions of the supervisory authority in relation to work reports may be appealed to the Federal Administrative Tribunal.

Section 4 Information

Art. 11

1 The monitoring authority approves the annual activity report to the Federal Assembly.

2 It informs the public of its activities.

Section 5 Entry into force

Art. 12

This Regulation shall enter into force on 1 Er January 2011.



RO 2010 5801



State 1 Er January 2011