Key Benefits:
17 November 1999 (State 1 Er November 2015)
1 The Federal Department of Justice and Police (DJFP) pursues the following objectives in the main policy areas it deals with:
2 The main points of the activities of the DFJP are:
1 New content according to the c. I of the O of 28 June 2000, in force since 1 Er Jul. 2000 ( RO 2000 1849 ).
2 Repealed by c. I of the O of 28 June 2000, with effect from 1 Er Jul. 2000 ( RO 2000 1849 ).
3 New content according to the c. II 2 of the O of 25 June 2003, in force since 1 Er Jul. 2003 ( RO 2003 2122 ).
4 The designation of the administrative unit has been adapted to 1 Er Jan 2013 under Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ). This mod has been taken into account. Throughout the text.
5 New content according to the c. III 2 of the O of 10 March 2006, in force since 1 Er Apr 2006 ( RO 2006 1089 ).
In addition to the general principles governing administrative activity (art. 11 OLOGA), the DFJP observes in particular the following precepts in the fulfilment of its objectives and the exercise of its activities:
The DFJP decides on:
1 Repealed by c. I of the O of 19 Dec. 2003, with effect from 1 Er Feb 2004 ( RO 2004 433 ).
1 In addition to the functions defined in s. 42 LOGA, the General Secretariat has the following central functions:
4 The Commission for the Prevention of Torture and its secretariat are administratively attached to the General Secretariat. Members of the Commission shall be entitled to reimbursement of expenses and compensation. Their amounts are determined in accordance with the order of 3 June 1996 on the extra-parliamentary committees, the governing bodies and the representatives of the Confederation (order on committees) 3 . 4
1 Introduced by Art. 125 hp. 2 of the O of 23 February 2000 on the gambling houses ( RO 2000 766 ). Repealed by c. I of the O of 27 Oct. 2010, with effect from 1 Er Jan 2011 (RO) 2010 5051).
2 Introduced by ch. II 2 of the O of 22 August 2007 ( RO 2007 3967 ). Repealed by c. I of the O of 27 Oct. 2010, with effect from 1 Er Jan 2011 (RO) 2010 5051).
3 [RO 1996 1651 , 2000 1157 , 2008 5949. RO 2009 6137 ch. II 1]. See currently art. 8 L To 8 T Of the O of 25 nov. 1998 on the organisation of government and administration (RS 172.010.1 ).
4 Introduced by ch. I of O du 21 oct. 2009, effective from 1 Er Jan 2010 ( RO 2009 5391 ).
1 Objectives set out in s. 6, 9, 12, 15, 19 and 22 constitute a guideline for the administrative units of the DFJP in the performance of tasks and in the exercise of the powers conferred on them by the federal legislation. 1
2 Offices prepare in principle national or international legislative acts in their own field of activity; at the international level, they consult the DFAE and the DEFR (External Economic Affairs) in advance.
3 In their field, they assume the implementing tasks assigned to them by the aforementioned national and international legislative acts.
4 In their field and in view of the external policy objectives of Switzerland, the offices represent Switzerland with international organisations, after agreement with the DFAE, the DEFR (External Economic Affairs) and if necessary with Other federal departments or offices, participate in national and international colleges and participate in the development and implementation of international treaties.
5 The DFJP, after agreement with the DFAE, establishes the areas in which offices can contact Swiss embassies and consulates, as well as with foreign authorities and services.
1 New content according to the c. I of the O of 28 June 2000, in force since 1 Er Jul. 2000 ( RO 2000 1849 ).
1 The Federal Office of Justice (OFJ) is the competent authority and service centre of the Confederation 1 On matters falling under the law, taking into account the competences of the other departments. In particular, it pursues the following objectives:
2 Within this framework, the OFJ performs the following functions:
1 New expression according to c. I of O du 4 Dec. 2000, in force since 1 Er Jan 2001 ( RO 2001 265 ).
1 In collaboration with other competent offices, the OFJ prepares legislative acts, participates in their implementation and in the development of international instruments required in the following areas:
2 The OFJ provides legal information and expertise in the areas listed in para. 1 for the Federal Assembly, the Federal Council and the Federal Government.
3 It examines the constitutionality and legality of all draft legislative acts, their conformity and compatibility with national and international law in force and their substantive accuracy, as well as, in collaboration with Federal Chancellery, their relevance in the perspective of legislative technique and drafting.
4 It develops the methodological principles for the preparation of legislative acts and the evaluation of State measures, in particular with a view to their efficiency and cost-effectiveness, and ensures that adequate opportunities exist for Development.
5 It develops messages relating to the guarantee of cantonal constitutions and prepares the approval of the legislative acts of the cantons in the fields provided for in para. 1.
6 It sets out the reports of the Federal Council on pardons under s. 394 and 395 of the Criminal Code (PC) 3 .
6 A It provides rapid international legal assistance in criminal, administrative, civil and commercial matters, examines requests for mutual legal assistance, rules on extradition and transfer and provides for the delegation of prosecution Criminal and enforced execution. 4
7 It is the central authority of the Confederation in the field of international child abduction, international protection of minors, international affairs relating to maintenance contributions, international inheritance cases, and International legal assistance in civil or commercial matters. 5
8 It hears appeals on which the Federal Council decides, with the exception of those brought against the DFJP, those relating to local measures affecting traffic (art. 3, para. 4, of the PMQ of Dec 19. 1958 on road traffic 6 ), from those relating to votes (art. 81 of the LF of 17 Dec. 1976 on political rights 7 ) And those submitted for breach of international treaties relating to freedom of movement and establishment (art. 13, para. 1).
9 It represents Switzerland in proceedings before the European Court of Human Rights and the United Nations Committees against Torture, for the elimination of discrimination against women and for the elimination of discrimination against women. Racial discrimination. 8 To this end, it may invite experts. 9
10 It executes conventions relating to private international law and international civil procedure law, subject to the jurisdiction of other federal offices.
11 It manages an organ responsible for the electronic processing of legal data.
12 It prepares the forms for the acts of the court and the parties in accordance with the Code of Civil Procedure of 19 December 2008 (CPC) 10 . 11
13 It has the competence to approve the pilot projects of the cantons provided for in Art. 401 CPC. 12
1 New content according to the c. I of the O of 28 June 2000, in force since 1 Er Jul. 2000 ( RO 2000 1849 ).
2 New content according to the c. I 2 of the O of 5 Nov 2014 (Transfer from the Social Assistance to Switzerland Abroad Unit of the DFJP and DFAE), in force since 1 Er Jan 2015 ( RO 2014 3789 ).
3 RS 311 .0 . Currently: art. 381 and 382.
4 Introduced by ch. I of the O of 28 June 2000, in force since 1 Er Jul. 2000 ( RO 2000 1849 ).
5 New content according to the c. I of O du 4 Dec. 2000, in force since 1 Er Jan 2001 ( RO 2001 265 ).
6 RS 741.01
7 RS 161.1
8 New content according to the c. I of the O of August 29, 2012, in force since 1 Er Oct. 2012 ( RO 2012 4619 ).
9 New content according to the c. I of the O of 28 June 2000, in force since 1 Er Jul. 2000 ( RO 2000 1849 ).
10 RS 272
11 Introduced by ch. II 1 of the O of 18 June 2010 adapting O to the CPC, in force since 1 Er Jan 2011 ( RO 2010 3053 ).
12 Introduced by ch. II 1 of the O of 18 June 2010 adapting O to the CPC, in force since 1 Er Jan 2011 ( RO 2010 3053 ).
1 The OFJ manages inter alia:
2 Their tasks and competences are governed by specific legislative acts 2 .
3 The Federal Commission for the Prosecution of Life-to-Life Persons and its Secretariat is administratively attached to the OFJ. 3
1 Introduced by c. I of the O of 28 June 2000, in force since 1 Er Jul. 2000 ( RO 2000 1849 ).
2 RS 211.112.2 , 211.432.1 , 221.411 , 331
3 Introduced by Art. 16 hp. 2 of the O of 26 June 2013 on the Federal Commission for the Prosecution of the Opportunities to Treat Persons Living for Life, in force since 1 Er Jan 2014 ( RO 2013 2109 .)
1 The Federal Police Office (fedpol) is the competent authority of the Confederation for police matters. By taking preventive, repressive and accompanying measures, it pursues in particular the following objectives: 1
2 In this context, fedpol performs the following functions:
1 New content according to the c. I of the O of 12 Dec. 2008, effective from 1 Er Jan 2009 ( RO 2008 6305 ).
2 New content according to the c. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).
3 New content according to the c. I of the O of 12 Dec. 2008, effective from 1 Er Jan 2009 ( RO 2008 6305 ).
4 Repealed by c. I of the O of 12 Dec. 2008, with effect from 1 Er Jan 2009 ( RO 2008 6305 ).
5 New content according to the c. I del ' O du 12 Dec. 2008, effective from 1 Er Jan 2009 ( RO 2008 6305 ).
6 New content according to the c. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).
1 Fedpol manages:
2 He heads the Coordination Service against Trafficking in Human Beings and the Trafficking of Migrants (SCOTT) with the support of all interested federal and cantonal services and manages a management office for this purpose. SCOTT and its executive office are responsible for the tasks referred to in s. 13 of the order of 23 October 2013 against trafficking in human beings 10 And make arrangements to prevent and combat the smuggling of migrants. 11
3 Subject to special derogations, it is the competent service for identity documents and manages the coordination service in the field of identity documents and legitimising.
4 It carries out functions under the law of aliens in the field of internal security. 12
5 It establishes the profile of security guards engaged in aviation, organizes their training and is responsible for their commitment. It provides analysis of risks and threats related to their engagement. 13
7 It shall ensure that the staff of the General Staff, specifically for hostage-taking and blackmail, can intervene at all times and manage the Central Staff in the event of a commitment.
8 It operates information systems in the fields of police and criminal prosecution. 15
10 It deals with issues and requests for information on police matters, manages international police relations in the area of mutual administrative assistance, and ensures police cooperation with international tribunals.
11 It administers the joint police and customs cooperation centres in Geneva and Chiasso. 17
12 He is responsible, in agreement with the DFAE, for the secondment, commitment and conduct of police officers. The competence of the Head of Mission to issue directives is reserved. 18
14 It monitors laboratories that conduct DNA forenics analysis and laboratories that establish DNA profiles in the civil and administrative fields. 20
15 He leads and coordinates, in agreement with the DFAE and cantonal authorities, the commitments of the Swiss Disaster Victim Identification (DVI) team abroad. 21
1 New content according to the c. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).
2 Repealed by c. I of the O of 12 Dec. 2008, with effect from 1 Er Jan 2009 ( RO 2008 6305 ).
3 Repealed by c. I of the O of 12 Dec. 2008, with effect from 1 Er Jan 2009 ( RO 2008 6305 ).
4 New content according to the c. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).
5 Introduced by c. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).
6 Formerly let. E.
7 Formerly let. F.
8 New content according to the c. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).
9 Introduced by c. I of O du 17 oct. 2007 ( RO 2007 4787 ). New content according to the c. 4 of the annex to the O of 7 Nov 2012 on the extra-procedural protection of witnesses, in force since 1 Er Jan 2013 (RO 2012 6731).
10 RS 311.039.3
11 New content according to Art. 16 of the O of 23 Oct. 2013 against trafficking in human beings, in force since 1 Er Jan 2014 ( RO 2013 3625 ).
12 New content according to the c. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).
13 New content according to the c. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).
14 Repealed by c. I of the O of 12 Dec. 2008, with effect from 1 Er Jan 2009 ( RO 2008 6305 ).
15 New content according to the c. I del ' O du 12 Dec. 2008, effective from 1 Er Jan 2009 ( RO 2008 6305 ).
16 Repealed by c. II of the O of 30 June 2010, with effect from 15 jul. 2010 ( RO 2010 2945 ).
17 Introduced by ch. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).
18 Introduced by ch. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).
19 Introduced by ch. I of O du 17 oct. 2007 ( RO 2007 4787 ). Repealed by c. I of the O of 12 Dec. 2008, with effect from 1 Er Jan 2009 (RO) 2008 6305).
20 Introduced by ch. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).
21 Introduced by ch. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).
1 Fedpol has the power to impose an entry ban on foreigners who endanger the internal or external security of Switzerland; it consults the Swiss Federal Intelligence Service (SRC) in advance. After hearing the DFAE and the CBC, he transmits to the DFJP the cases of political importance and the proposals for expulsion from Switzerland under Art. 121, para. 2, of the Constitution 1 ; the DFJP can submit them to the Federal Council for decision. 2
2 He is competent in the search for people and things, as well as in the search for missing persons, in Switzerland and abroad.
3 It is the decision-making authority for identity documents requested abroad in accordance with the law of 22 June 2001 on identity documents 3 .
4 It is taking measures in cooperation with the cantons to prevent violence during sporting events. 4
5 Fedpol is responsible for the receiver and the confiscation of propaganda material whose content incites violence; it consults the CBC in advance. 5
1 RS 101
2 New content according to the c. II 9 of Annex 4 to the O of 4 Dec. 2009 on the Federal Intelligence Service, in force since 1 Er Jan 2010 ( RO 2009 6937 ).
3 RS 143.1
4 Introduced by ch. I of O du 17 oct. 2007, effective from 1 Er Jan 2008 ( RO 2007 4787 ).
5 Introduced by ch. I of O du 17 oct. 2007 ( RO 2007 4787 ). New content according to the c. II 9 of Annex 4 to the O of 4 Dec. 2009 on the Federal Intelligence Service, in force since 1 Er Jan 2010 (RO) 2009 6937).
1 The State Secretariat for Migration (SEM) is the competent authority of the Confederation for matters relating to immigration and emigration, the law of foreigners and Swiss nationality, as well as asylum and refugees. In particular, it pursues the following objectives: 1
2 In order to pursue the objectives set out in para. In the fields of aliens and nationality, the SEM performs the following functions:
4 In collaboration with the DFAE, the SEM analyses the evolution of migration at the national and international levels and develops the basis for decisions required by the migration policy of the Federal Council.
1 New content according to the c. I of the O of 28 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4451 ).
1 The SEM investigates appeals to the Federal Council for breaches of international treaties relating to freedom of movement and establishment.
2 In agreement with the DFAE, it prepares readmission and transit agreements, as well as partnership agreements in the field of migration, and executes them. 1
3 It establishes legitimising documents for refugees, undocumented persons and stateless persons.
4 In addition, it maintains an information and advisory service for the placement of trainees. 2
1 New content according to the c. I 3 O of 8 nov. 2006 on the mod. Of O related to the partial entry into force of the mod. Of Dec 16. 2005 of the Asylum Act, the PMQ on medicare and the PMQ on old-age and survivors insurance, in force since 1 Er Jan 2007 ( RO 2006 4739 ).
2 New content according to Art. 76 hp. 2 O du 7 oct. 2015 on Swiss Abroad, in force since 1 Er Nov 2015 ( RO 2015 3879 ).
1 The SEM has the power to settle all matters relating to Swiss nationality.
2 It is entitled to appeal to the Federal Court, in the fields of aliens and nationality law, against cantonal decisions of last instance. 1
3 It is responsible for the recognition of the quality of stateless persons.
1 New content according to the c. II 10 of the O of 8 nov. 2006 adapting O of the CF to the total revision of the federal procedure, in effect since 1 Er Jan 2007 ( RO 2006 4705 ).
1 Repealed by c. II 2 of the O of 25 June 2003, with effect from 1 Er Jul. 2003 ( RO 2003 2122 ).
1 Repealed by c. I of the O of 28 June 2000, with effect from 1 Er Jul. 2000 ( RO 2000 1849 ).
1 Repealed by c. 3 of the annex to the O of 21 Nov 2012 on the Federal Institute of Metrology, with effect from 1 Er Jan 2013 ( RO 2012 6887 ).
1 Repealed by c. I of the O of 3 Nov 2004, with effect from 1 Er Jan 2005 ( RO 2004 4813 ).
1 The service responsible for monitoring correspondence by post and telecommunications within the meaning of s. 2 of the Federal Act of 6 October 2000 on the monitoring of correspondence by post and telecommunications (LSCPT) 1 Is administratively attached to the General Secretariat.
2 It performs the tasks referred to in s. 11 to 15 LSCPT independently, without receiving instructions from the DFJP.
Repealed
1 The Swiss Institute of Comparative Law (ISDC), a centre for information and research in the field of comparative law, foreign law and international law, gives the authorities and individuals access to information concerning foreign law and Provides advice on matters of law in its field of activity.
2 Its status, tasks and organisation are governed by the Federal Law of 6 October 1978 on the Swiss Institute of Comparative Law. 1 .
1 In accordance with the Federal Law of 24 March 1995 on the Status and Tasks of the Federal Institute of Intellectual Property 1 , the latter is the competent authority of the Confederation for matters relating to intangible property 2 It carries out its tasks within the framework of the relevant international laws and agreements.
2 It shall carry out, under the supervision of the DFJP, its tasks of general interest and other tasks entrusted to it by the Federal Council.
3 He has standing before the Federal Court in his field of expertise. 3
1 RS 172.010.31
2 RS 231.1 To 232.23 , 0.231.0 To 0.232.163
3 Introduced by ch. II 10 of the O of 8 nov. 2006 adapting O of the CF to the total revision of the federal procedure, with effect from 1 Er Jan 2007 ( RO 2006 4705 ).
1 The Federal Review Supervisory Authority shall be the competent authority of the Confederation on matters of accreditation of natural persons and undertakings which provide benefits in the field of statutory review, Monitoring bodies of public companies and mutual administrative and judicial assistance in the field of review supervision.
2 Its status, tasks, competences and organisation are governed by the law of 16 December 2005 on the supervision of the revision 1 , by the order of 22 August 2007 on the supervision of the revision 2 And by the applicable international agreements.
1 The Federal Institute of Metrology (METAS) is the competent authority of the Confederation for metrology matters.
2 Its organisation and tasks are governed by the Federal Law of 17 June 2011 on metrology 1 And by the Law of 17 June 2011 on the Federal Institute of Metrology 2 .
3 METAS has standing before the Federal Court in its field of expertise.
The applicable law is repealed or amended in accordance with the schedule.
This order shall enter into force on 1 Er January 2000.
(art. 30)
I
The following legislative act is repealed:
Order of 7 September 1977 on representation of the Federal Council before the European Commission on Human Rights and the European Court of Human Rights 1
II
The following legislative acts are amended as follows:
... 2
1 [RO 1977 1549)
2 The mod. Can be viewed at RO 2000 291 .