Rs 511.22 Ordinance Of 10 December 2004 On Military Controls (Ocom)

Original Language Title: RS 511.22 Ordonnance du 10 décembre 2004 sur les contrôles militaires (OCoM)

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511.22 order on military controls (OCoM) on 10 December 2004 (Status January 1, 2011) the Swiss federal Council, view the art. 4, al. 5, 27, al. 2 and 150, al. 1, of the Federal Act of 3 February 1995 on the army and military administration (LAAM), see art. 13 of the order of the Federal Assembly of 4 October 2002 on the Organization of the Army (OOrgA), stop: Chapter 1 purpose and scope of application article 1 this order object rule controls the army and military administration.
Controls are used to: a. identify the conscripts before the recruitment; b. check the performance of military service compulsory; c. plan, manage and control personnel in army personnel; d. manage the service of the military dead and missing.

New content according to section I 9 O Dec. 3. 2010, in force since Jan. 1. 2011 (2010 5971 RO).

Art. 2 scope this order applies to persons subject to military service, to those who voluntarily available to the army and to the concerned authorities of cantons and the Confederation.
Are reserved for the special provisions applicable to the: a... .b. members of the Red Cross Service; c. members of the staffs of the federal Council.

The designations of people used in this order apply to both women and men.

New content according to section I 9 O Dec. 3. 2010, in force since Jan. 1. 2011 (2010 5971 RO).
Repealed by section I 9 of the O of Dec. 3. 2010, with effect from Jan 1. 2011 (2010 5971 RO).

Chapter 2: powers of control tasks art. 3 cantons Borough commanders are responsible: a. the collection of data on citizens Swiss male at the end of the year during which they reach the age of 17 years; b. conscripts control data management and research of the reasons for the dismissal to a conscript for recruitment service; (c) the management of the control data of the persons subject to military service provided that this skill is not another agency under federal law.

Territorial jurisdiction is determined by the domicile of the conscript or person subject to military service.
The military units and formations of the army are attributed to a canton in order to assume their specific cantonal tasks. The competent cantonal authorities: a. shall collaborate with the commandments of the territorial regions; b. are consulted when a command appointments; c. entitled to make visits to the training services.

New content according to section I 9 O Dec. 3. 2010, in force since Jan. 1. 2011 (2010 5971 RO).
New content according to section I 9 O Dec. 3. 2010, in force since Jan. 1. 2011 (2010 5971 RO).

Art. 4Teneur of the control of body unit of the Confederation to which the Organization of the army assigns a training or a staff of the federal Council for the holding of the control: a. takes control of body; (b) is responsible for the new incorporation of military personnel with ranks of troops as well as non-commissioned officers within the same weapon, the same auxiliary service or reserve; c. can assign tasks for the conduct of the control for detachments to operate bodies to which detachments of exploitation are attributed or subordinated to the service.

New content according to section 2 of Schedule 2 to the Nov. 21 O. 2007, in force since Jan. 1. 2008 (2007 6751 RO).

Art. 5 commanders commanders control in each training service if the data that they are provided by the content of the control of body match the data of persons who entered service; they communicate any differences in the content of the control of body for update.

Art. 6 body responsible for the administration of the General staff of armed forces is responsible for: a. the incorporation of the recruits in training; (b) the transfer of the military with the rank of troop and the NCOs in a weapon, auxiliary service or another function; to do this, he needs the consent of concerned body control-makers; c. incorporation and transfer of senior NCOs embedded in headquarters as well as the officers and the officers specialists; d. the search of the grounds for the dismissal to the service for all members who are not entered the service to which they have been summoned; e. military who , pursuant to art. 3, al. 1, of the Ordinance of 26 November 2003 on the Organization of the Army (OOA), are not incorporated in training; f. temporary delivery of grades in Switzerland and abroad; (g) reinstatement in the military controls.

For members of the Service of the Red Cross and campaign mail, tasks specified in para. 1, let. a to d, are met by the Office of the Red Cross Service respectively by the post of campaign management.

RS 513.11 new content according to section 2 of Schedule 2 to the Nov. 21 O. 2007, in force since Jan. 1. 2008 (2007 6751 RO).

Chapter 3 Document concerning the fulfilment of compulsory military service art. 7But the military document about the fulfilment of compulsory military service (service book) contains the most important data on the person permanently bound to the compulsory military service on the performance of military service.
The service record shall be provided and used exclusively to service purposes; consultation and publication data are they also authorized to service purposes.

New content according to section I 9 O Dec. 3. 2010, in force since Jan. 1. 2011 (2010 5971 RO).

Art. 8 probative force of registration registration in the service record pertaining to medico-militaires reviews, decisions of the military insurance, to changes of rank and function as well as the services performed must be countersigned by the competent enforcement.
In case of discrepancy between enrolment in the service record and registrations in the controls, any registration according to para. 1 are presumed to be accurate, and in all other cases, the inscriptions in the controls are presumed to be accurate.

Art. 9 acquisition and delivery. the federal Department of defence, protection of the population and sports (DDPS) acquires the service record and gave it for free.
The service record is given in one of the four national languages, according to the native language of the person concerned, in the following way: a. subject to military service people domiciled in Switzerland: before the recruitment; b. to other people: when they are subject to military service.

The cantonal military authorities are responsible for the issuance and delivery of the service record. The conduct of the Army HQ is responsible to establish and deliver it to the Swiss abroad.

New content according to section I 9 O Dec. 3. 2010, in force since Jan. 1. 2011 (2010 5971 RO).

Art. 10 conservation the service record shall be kept by the holder until his release from the obligation to perform military service.
The service record of citizens liable for statements on leave abroad is filed with the District Commander who granted leave.
If the place of residence of the holder is unknown, the competent cantonal military authority instead of his last home retains the service record to the end of the year during which the holder would have been released from the obligation to perform military service.
In case of death, if any parent is known, the service record is kept by the Commander of competent district for the last home for one year from the date of death before being destroyed.

New content according to section I 9 O Dec. 3. 2010, in force since Jan. 1. 2011 (2010 5971 RO).
New content according to section I 9 O Dec. 3. 2010, in force since Jan. 1. 2011 (2010 5971 RO).

Art. 11 loss and duplicate the loss of the service record must be announced to the cantonal military authorities as soon as it is established, so that it can establish a duplicate.
For the establishment of a duplicate, the cantonal military authorities can collect a fee of 300 francs, calculated the expense of inconvenience.

Chapter 4 Declarations required art. 12Personnes obliged to statements even if they do more personally from military service, persons subject to military service remain subject to mandatory statements as long as they have not reached the age limit for the fulfilment of military service by the military of the troop and NCOs, with the exception of the senior NCOs.

New content according to section I 9 O Dec. 3. 2010, in force since Jan. 1. 2011 (2010 5971 RO).

Art. 13 domicile and address the domicile is the place where the papers are filed or where they were deposited last. The address is the address of the place of usual residence.
The person who justifies a new home or a new address in Switzerland must announce it to the appropriate District Commander.
People subject to the declarations on leave abroad must designate a recipient in Switzerland and announce it in Borough Commander.


Art. 14 reporting delays people subject to declarations must register within 14 days to the Commander of district responsible for all events subject to declaration.

Art. 15 research the Commander of district of the last known domicile research rather than stay people subject to declarations whose place of residence or domicile is unknown.
If, after two months, the place to stay could not be found, people subject to the statements are reported in the RIPOL to determine their place of residence.
If you strongly suspect that the person has violated the law by announcing not not to use his leave to go abroad, the period of two months for the start of the research can be shortened.
Once the person permanently bound to statements announced militarily in good and due form, reporting in RIPOL is revoked.

New content according to section I 15 O of 15 October. 2008 on adaptations under the Federal Act on the information systems of the police of the Federal Government, in effect since Dec. 5. 2008 (RO 2008 4943).
New content according to section I 15 O of 15 October. 2008 on adaptations under the Federal Act on the information systems of the police of the Federal Government, in effect since Dec. 5. 2008 (RO 2008 4943).

Chapter 5 leave for overseas art. 16Statut people permanently bound to statements wishing to be registered as a Swiss abroad on leave abroad to validly must request a leave for abroad.
For the seconded abroad, the detachment has office authorization value.

New content according to Chapter 4 of the appendix to O on August 19, 2009, in force since Jan. 1. 2010 (2009 4291 5887 RO).

Art. 17 request leave for abroad request must be made in writing to the District Commander, two months before the scheduled date of departure.
Citizens liable for statements that decide to stay abroad for more than 12 consecutive months after the beginning of their stay, file a request for retroactive granting of leave for abroad through the competent Swiss representation.

New content according to Chapter 4 of the appendix to O on August 19, 2009, in force since Jan. 1. 2010 (2009 4291 5887 RO).

Art. 18 conditions governing the granting of leave for abroad leave is granted when persons subject to declarations have filled the duties arising from the obligation to perform military service and the obligation to pay the tax, and military until the moment of the departure from Switzerland or a retroactive application under art. 17, al. 2. it is granted to the military who have already received a personal order for a service to be done only when they have completed the service in question.
No leave for abroad is granted to persons permanently bound to the statements: a. against whom a military court ordered an investigation for breach of military service or who have not yet served a firm sentence imposed under the penal code military; (b) that, as their border, have their place of usual residence abroad and their place of work in Switzerland. These are from the competent cantonal military authorities for the workplace; c. wishing to stay abroad for less than 12 consecutive months; d. who do not wish to announce their departure abroad at the commune.

New content according to section I 9 O Dec. 3. 2010, in force since Jan. 1. 2011 (2010 5971 RO).
New content according to Chapter 4 of the appendix to O on August 19, 2009, in force since Jan. 1. 2010 (2009 4291 5887 RO).
Introduced by section 4 of the appendix to O on August 19, 2009, in force since Jan. 1. 2010 (2009 4291 5887 RO).
Introduced by section 4 of the appendix to O on August 19, 2009, in force since Jan. 1. 2010 (2009 4291 5887 RO).

Art. 19 skills and procedures the District Commander decides to grant the leave for abroad and shall communicate its decision in writing to the applicant.

Art. 20 effect leave for abroad takes effect on the date of departure from Switzerland for the duration of the stay abroad.
If departure and its announcement to civil authorities do not take place in the month following the date of departure allowed, leave for abroad lapses. The applicant must be announced to the District Commander.

Art. Obligation to announce a stay in Switzerland 21 the person who was legally staying abroad for more than 12 months and who wants to stay for less than three months in Switzerland is not required to announce this stay at the District Commander.

Art. 21Lieu of work abroad persons permanently bound to statements which are registered in Switzerland in terms of civil law, but whose actual workplace is abroad with an employer who is not established in Switzerland and whose employment contract stipulates no provisions that are at least similar to those contained in art. 324a and 324b of the code of obligations regarding the payment of wages during the fulfillment of legal obligations, can also request a leave for abroad.
The art. 17 to 21, with the exception of art. 18, al. 3, let. d, shall apply by analogy.

Introduced by section 4 of the appendix to O on August 19, 2009, in force since Jan. 1. 2010 (2009 4291 5887 RO).
RS 220 Chapter 6 human resources management...

Art. 22 to 32 repealed by section 5 of the Annex 36 to the O of 16 Dec. 2009 on the information systems of the army, with effect from Jan 1. 2010 (2009 6667 RO).

Art. 33Traitement of the General staff of armed forces data processes personal data in accordance with the art. 3 to 5 of the order of 16 December 2009 on the information systems of the army.

New content according to section I 9 O Dec. 3. 2010, in force since Jan. 1. 2011 (2010 5971 RO).
RS 510.911...

Art. 34 goal the goal of the planning of the complement of the army is to follow the evolution of coverage of regulatory membership and availability of the body of troop and training so reserve to make available the decision-making foundations for management.
Exploitation of the complement of the army's goal of: a. cover optimally regulatory membership and the reserve of availability of all troop and all training bodies; b. Enter the mutations in the complement and harmonize the latter (Equalization of the workforce) using appropriate measures regarding succession or through new incorporations and transfers; c. take advantage of optimally the knowledge acquired by the military in the civil and the military.

Art. 35Banque of central data for the conduct of the army the chiefs of armed forces operates a database for central data and references (KERDA) in order to plan and operate the number of staff of the army; He is the holder of the KERDA.
In the KERDA are required and processed the following anonymous basis data: a. data on weapons and auxiliary services; (b) data concerning the military units and formations, including: 1 data for training with joints, texts and numbers, functions, grades, regulatory staff, 2 data on units with language code, indication of the bodies responsible for administration and controls as well as the competent cantons for special tasks 3. data for the units with indication of the code of the service and the linguistic code and structures;

c. links between data and the types of weapons, ancillary services, training units; d. other data concerning the bodies responsible for administration and command, the equipment and material.

Anonymous database of the KERDA serve as basis for the holding of the controls in the PISA system.

New content according to Chapter 4 of the appendix to O on August 19, 2009, in force since Jan. 1. 2010 (2009 4291 5887 RO).

Art. 36 skills the Army Chief oversees the planning and operation of membership in army personnel and rule operating measures.
The General staff of armed forces plans and operates membership in army personnel.

Chapter 7 provisions criminal art. 37 report with the military penal code and the penal code if an offence committed against this order or its implementing provisions also constitutes a criminal offence in the sense of the CPM or CP, the wrongdoer is punished exclusively according to these two laws.

RS 311.0 art. 38 offences subject to military service who violate their duties under military controls must be escorted punished for failure to comply with the requirements of service.
Anyone who, without reasonable excuse, fails due to a summons or notice that is sent to him by a competent authority in application of this order or its provisions with indication of the sentence and execution, or behaves improperly with respect to these authorities, is punished with a disciplinary fine or 10 days maximum.


New content according to section I 9 O Dec. 3. 2010, in force since Jan. 1. 2011 (2010 5971 RO).

Art. 39 skills disciplinary powers for the offences under art. 38 is: a. to the administrative units of the cantonal military authorities designated by the cantons; (b) to the administrative units of the DDPS enforcement of this order and its implementing provisions c. to the Office of the Service of the Red Cross to members of the Service of the Red Cross; d. at the direction of the station to campaign for the post of campaign members.

Art. 40 fees and charges criminal decisions, decisions about conversion of disciplinary fines in sick days and decisions on appeals are free of fees and costs. The provisions of the military criminal procedure of 23 March 1979 on disciplinary proceedings are reserved.

RS 322.1 art. 41 enforcement of sentences to stop detention is applied: a. when the sanctioned person is domiciled in Switzerland: by the canton of residence; (b) when the person sanctioned is not domiciled in Switzerland: by the canton of origin whose citizenship was acquired in last place by the sanctioned person or its predecessors.

The CPM provisions apply by analogy to the type and the form of the execution.
Running costs are the responsibility of the cantons.

Chapter 8 provisions final art. 42 running the DDPS is responsible for the execution of this order.

Art. 43 repeal of the law in force the Ordinance of 7 December 1998 on military controls is repealed.

[RO 1999 941 2903 art. 121 ch. 1, 2001 190 ch. I art. 121 ch. 1]

Art. 44 amendment of the law in force.

The changes can be found at the RO 2004 5299.

Art. 45 entry into force this order comes into force on January 1, 2005.

Appendix repealed by no I 9 O Dec. 3. 2010, with effect from Jan 1. 2011 (2010 5971 RO).

Status as of January 1, 2011

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