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RS 312.3 Order of 10 November 2004 regulating the communication of the criminal decisions taken by the cantonal authorities

Original Language Title: RS 312.3 Ordonnance du 10 novembre 2004 réglant la communication des décisions pénales prises par les autorités cantonales

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312.3

Order regulating the communication of criminal decisions taken by the cantonal authorities 1

10 November 2004 (State 1 Er January 2016)

The Swiss Federal Council,

See art. 445 of the Code of Criminal Procedure (PPC) 2 , 3

Stops:

Art. 1 Provisions of the Penal Code

The cantonal authorities are required to communicate all judgments, administrative decisions and orders for non-compliance with the following provisions of the Criminal Code (CP) 1 :

1.
Art. 111 and following (offences against life and bodily integrity, insofar as they relate to public transport): communication to the Federal Transport Office;
2.
Art. 156 (extortion and blackmail, as they are committed to the detriment of the Confederation): communication to the Public Ministry of the Confederation;
3.
Art. 195, 196 2 And 197 (promotion of prostitution, trafficking in human beings and pornography): communication to the Federal Police Office;
4.
Art. 231 and 234 (spread of human disease and contamination of drinking water): communication to the Federal Office of Public Health;
5.
Art. 237 (only the obstacles to public traffic in the air): communication to the Federal Office of Civil Aviation;
6.
Art. 238 (obstruction of railway service): communication to the Federal Office of Transport and to the Investigation Service in the event of accidents under Art. 15 of the Federal Railways Act of 20 December 1957 (RS 742.101 );
7.
Art. 239 (obstruction of services of general interest, as it relates to transport undertakings): communication to the Federal Office of Transport and to the Investigation Service in the event of accidents under Art. 15 of the Federal Railways Act of 20 December 1957;
8.
Art. 240, 241, 242, 243, 244 and 247 (manufacture of counterfeit currency, falsification of currency, circulation of counterfeit currency, imitation of banknotes, coins or official stamps of value without purpose of false, import, Acquisition and disposal of counterfeit currency, forgery and illegal use of equipment): communication to the Federal Police Office;
9. 3
Art. 259, 260, 261, 261 Bis And 285 (public provocation to crime or violence, riot, violation of freedom of belief and religion, racial discrimination, violence or threats against the authorities and officials): communication to the Federal Office of the Police and the Confederation Intelligence Service;
10.
Art. 322 Ter To 322 Septies (active bribery, passive bribery, granting of an advantage, acceptance of an advantage, active bribery of foreign public officials): communication to the Federal Police Office.

1 RS 311.0
2 Currently: art. 182.
3 New content according to the c. II 12 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 ).

Art. 2 Criminal prosecutions subordinated to an authorisation

The cantonal authorities shall be required to communicate to the Public Ministry of the Confederation all judgments, administrative decisions and non-suit orders relating to offences committed by representatives of the Confederation concerned by the Art. 17 of the Act of 13 December 2002 on Parliament 1 And by art. 14 and 15 of the Act of 14 March 1958 on liability 2 .


Art. 3 Other Federal Statutes

The cantonal authorities are required to communicate all judgments, administrative decisions and orders of non-place made pursuant to the following federal laws:

1.
Federal Law of 26 March 1931 on the Residence and Establishment of Aliens [RS 1 113] 1 : communication to the State Secretariat for Migration 2 ;
2.
Asylum Act of 26 June 1998 (RS 142.31 ): communication to the State Secretariat for Migration;
3.
Copyright law of 9 October 1992 (RS 231.1 ): communication to the Federal Institute of Intellectual Property;
4.
Act of 9 October 1992 on topographies (RS 231.2 ): communication to the Federal Institute of Intellectual Property;
5.
Act of 28 August 1992 on the protection of marks (RS 232.11 ): communication to the Federal Institute of Intellectual Property;
6.
Designs law of 5 October 2001 (RS 232.12 ): communication to the Federal Institute of Intellectual Property;
7.
Federal law of 5 June 1931 for the protection of public arms and other public signs (RS 232.21 ): communication to the Federal Institute of Intellectual Property;
8.
Federal Act of 19 December 1986 against unfair competition (RS 241 ): communication to the State Secretariat on the Economy;
9.
Federal Act of 17 March 1972 encouraging gymnastics and sports [RO 1972 909 ] 3 : communication to the Federal Office of Sport;
10.
Law of 20 June 2003 on the transfer of cultural property (RS 444.1 ): communication to the Federal Office of Culture;
11.
Federal law of 1 Er July 1966 on the protection of nature and the landscape (RS 451 ): communication to the Federal Office of the Environment 4 ;
12.
Federal Act of March 9, 1978 on the Protection of Animals [RO 1981 562] 5 : communication to the Federal Office for Food Safety and Veterinary Affairs 6 ;
13.
Arms Act of 20 June 1997 (RS 514.54 ): communication to the Federal Police Office;
14.
Federal Act of June 21, 1932 on alcohol (RS 680 ), as they relate to the prohibitions on doing business under s. 41: communication to the Régie fédérale des alcools;
14 A . 7
Federal Act of 20 December 1957 on the railways (RS 742.101 ): communication to the Federal Transport Office;
14 B . 8
Cable Facilities Act of 23 June 2006 (RS 743.01 ), as they relate to cable installations subject to the scheme of the concession for passenger transport: communication to the Federal Transport Office;
15.
Therapeutic Products Act of December 15, 2000 (RS 812.21 Communication to the Swiss Institute for Therapeutic Products;
16.
Environmental Protection Act of 7 October 1983 (RS 814.01 ): communication to the Federal Office of the Environment;
17.
Federal Law of 24 January 1991 on the protection of water (RS 814.20 ): communication to the Federal Office of the Environment;
18.
Genetic Engineering Act of 21 March 2003 (RS 814.91 ): communication to the Federal Office of the Environment;
19.
Food Act of 9 October 1992 (RS 817.0 ): communication to the Federal Office for Food Safety and Veterinary Affairs;
20.
Act of 18 December 1970 on epidemics (RS 818.101 ): communication to the Federal Office of Public Health;
21.
Labour Act of 13 March 1964 (RS 822.11 ): communication to the State Secretariat on the Economy;
22.
Federal Act of 25 June 1982 on occupational pensions, survivors and invalidity (RS 831.40 ): communication to the Federal Social Insurance Office;
23.
Forest Law of 4 October 1991 (RS 921.0 ): communication to the Federal Office of the Environment;
24.
Act of 20 June 1986 on hunting (RS 922.0 ): communication to the Federal Office of the Environment;
25.
Federal Act of 21 June 1991 on Fisheries (RS 923.0 ): communication to the Federal Office of the Environment;
25 Bis . 9
Federal Act of December 16, 2005 on Review Monitoring (RS 221.302 ): communication to the Federal Review Supervisory Authority;
26.
Federal Law of 9 June 1977 on Metrology (RS 941.20 ): communication to the Federal Institute of Metrology 10 ;
27.
Act of 20 June 1933 on the control of precious metals (RS 941.31 ): communication to the Federal Customs Administration;
28.
Act of 25 March 1977 on explosives (RS 941.41 ): communication to the Federal Police Office;
28 Bis . 11
Federal Act of 6 October 1995 on Technical Barriers to Trade (RS 946.51 ): communication to the State Secretariat on the Economy;
29.
Bank Act of 8 November 1934 (RS 952.0 ): communication to the Federal Financial Market Supervisory Authority 12 ;
30.
Law of 24 March 1995 on grants (RS 954.1 ): communication to the Federal Financial Market Supervisory Authority.

1 Currently: LF of Dec 16. 2005 on Foreigners (RS 142.20 ).
2 The designation of the administrative unit has been adapted to 1 Er Jan. 2015 pursuant to 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.
3 Right now: L of 17 June 2011 on the encouragement of sport (RS 415.0 ).
4 The designation of the administrative unit has been adapted in accordance with 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 Currently: LF of Dec 16. 2005 (RS 455 ).
6 The designation of the administrative unit has been adapted to 1 Er Jan 2014 pursuant to 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.
7 Introduced by ch. I of the O of 2 Sept. 2015, in force since 1 Er Jan 2016 ( RO 2015 3159 ).
8 Introduced by ch. I of the O of 2 Sept. 2015, in force since 1 Er Jan 2016 ( RO 2015 3159 ).
9 Introduced by ch. II 4 of the Annex to the O of 22 August 2007 on the supervision of the revision, in force since 1 Er Seven. 2007 ( RO 2007 3989 ).
10 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 ).
11 Introduced by ch. 1 of the Annex to the O of 19 May 2010 on the placing on the market of products manufactured in accordance with foreign requirements, in force since 1 Er Jul. 2010 ( RO 2010 2631 ).
12 The designation of the administrative unit has been adapted in accordance with 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.

Art. 4 Communication of decisions

Criminal decisions must be communicated in full without delay and without charge to the Office of the Federal Administration to which the case appears.

Art. 5 Entry into force

This order shall enter into force on 1 Er January 2005.

Annex 1

Overview of the Federal Law Provisions of the Obligation to Communicate Decisions

1.
Federal Act of December 16, 1983, on the Acquisition of Real Property by Persons Abroad, s. 35 (RS 211.412.41 );
2.
Patent Act of 25 June 1954, art. 85, para. 2 (RS 232.14 );
3.
Federal Act of 25 March 1954 concerning the protection of the emblem and the name of the Red Cross, art. 10, para. 2 (RS 232.22 );
4.
Federal Law of 15 December 1961 concerning the protection of the names and emblems of the United Nations and other intergovernmental organizations, art. 9, para. 2 (RS 232.23 );
5.
Federal Act of December 19, 1986 against Unfair Competition, s. 27, para. 2 (RS 241 );
6.
Federal Law of 15 June 1934 on Criminal Procedure, art. 255 (PPF; RS 312.0 ), as regards the criminal cases transmitted to the cantons under Art. 18 and 18 Bis PPF
7.
Federal Act of March 19, 2004 on the Sharing of Confiscated Heritage Values, s. 6, para. 1 (RS 312.4 );
8.
Federal Law of 22 March 1974 on Administrative Criminal Law, art. 79, para. 2, in relation to s. 74, para. 1, as regards the criminal cases transmitted to the cantons pursuant to Art. 73, para. 1 (RS 313.0 );
9.
Federal Act of 4 October 2002 on the protection of the population and on civil protection, art. 70, para. 2 2 (RS 520.1 );
10.
Act of 8 October 1982 on the supply of the country, art. 50, para. 3 (RS 531 );
11.
...
12.
Federal Law of 23 September 1953 on maritime navigation under the Swiss flag, art. 15, para. 3 (RS 747.30 );
13.
Act of 3 October 1951 on Narcotic Drugs, art. 28, para. 2 3 (RS 812.121 );
14. To 18
...
19.
Agriculture Act of 29 April 1998, art. 166, para. 4 (RS 910.1 );
20.
Act of 20 June 1986 on hunting, art. 22, para. 1 (RS 922.0 );
21.
Federal Act of 8 June 1923 on lotteries and professional betting, art. 52, para. 1 (RS 935.51 );
21 Bis .
Federal Act of 16 December 2005 on the Supervision of the Revision, Sec. 24 (RS 221.302 );
22.
Federal Act of 26 September 1958 on the guarantee against export risks, art. 16, para. 5 [RO 1959 409] 4 ;
23.
Money Laundering Act, October 10, 1997, s. 29, para. 2 5 (RS 955.0 ).

1 Update as per c. II 4 of the Annex to the O of 22 August 2007 on the monitoring of the revision ( RO 2007 3989 ), c. 4 of the appendix to the O of 19 Oct. 2011 (RO 2011 4759) and c. I of the O of 2 Sept. 2015, in force since 1 Er Jan 2016 (RO) 2015 3159).
2 This para. Is repealed.
3 Currently: Art. 28 al. 3.
4 Currently: art 36 al. 4 of the LF of 16 Dec. 2005 on Swiss insurance against export risks (RS 946.10 ).
5 Currently: art 29 A Al. 1 and 2.


State 1 Er January 2016