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RS 360 Federal Law of 7 October 1994 on the Central Criminal Police Offices of the Confederation and the Joint Police and Customs Cooperation Centres with other States (LOC)

Original Language Title: RS 360 Loi fédérale du 7 octobre 1994 sur les Offices centraux de police criminelle de la Confédération et les centres communs de coopération policière et douanière avec d’autres Etats (LOC)

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360

Federal Law on the Central Criminal Police Offices of the Confederation and the Joint Centres for Police and Customs Cooperation with other States 1

(LOC) 2

7 October 1994 (State 1 Er August 2014)

The Swiss Federal Assembly,

Having regard to art. 57, para. 2, 123, para. 1, and 173, para. 2, of the Constitution 3 , 4 Having regard to the message of the Federal Council of 12 January 1994 5 ,

Stops:

Section 1 General provisions

Art. 1 Central Offices 1

1 The Confederation is leading the central offices in the fight against organised international crime.

2 The central offices work in collaboration with the criminal prosecution authorities and the cantonal and foreign police services.


1 New content according to Art. 3 of the FA of 21 March 2014 approving the Ac. Between Switzerland, Austria and Liechtenstein concerning cross-border police cooperation, in force since 1 Er August 2014 ( RO 2014 2297 ; FF 2013 691 ).

Art. 2 Tasks

For the purposes of this Law, the central offices shall:

A.
Deal with information falling within their sphere of competence, whether they are from Switzerland or from a foreign country;
B.
Coordinate investigations at the inter-cantonal or international level;
C.
Prepare situation reports and assess the threat to the Federal Department of Justice and Police (Department) and the criminal prosecution authorities;
D.
Ensure national and international exchange of criminal police information and deal with requests for mutual legal assistance from foreign countries;
E.
Detach foreign liaison officers;
F.
Conduct judicial police investigations in the areas of jurisdiction of the Confederation.
Art. 3 Search for information

The central offices shall obtain the information necessary for the performance of the tasks set out in this Law as follows:

A.
They operate publicly available sources;
B.
They request information;
C.
They consult official documents;
D.
Recording and operating communications;
E.
They investigate the identity or place of residence of persons;
F.
They exploit information obtained by observation.
Art. 4 Collaboration with authorities and offices

1 The Federal Council shall, by order, order the details and extent of the information that the following authorities and offices are required to provide, in each case, to each central office:

A.
Criminal prosecution authorities, police services, border guards and customs authorities;
B.
The police authorities of foreigners and other competent authorities in the field of entry and residence of aliens, as well as in the granting of asylum and provisional admission;
C.
The controls of residents and other public registers;
D.
The competent authorities for diplomatic and consular relations;
E.
The other authorities responsible for authorising the movement of certain goods.

2 The higher authority hierarchically adjudicates disputes within the federal administration; the complaints court of the Federal Criminal Court adjudicates disputes between the authorities of the Confederation and the authorities of the cantons. 1


1 New content according to the c. 16 of the annex to the PMQ of 4 Oct. 2002 on the TPF, in effect since 1 Er Apr 2004 ( RO 2003 2133 ; FF 2001 4000 ).

Art. 5 Bind agents

1 Liaison officers seconded to certain Swiss representations abroad or from international organisations support the authorities responsible for the criminal prosecution of offences which fall within the competence of the central offices. They shall cooperate directly, as members of the central office and within the limits of the following provisions, with the competent authorities of the State of residence and of certain third States.

2 Liaison officers may also be involved in investigations and investigations into crimes and offences for which Switzerland can grant mutual legal assistance.

3 The Federal Council defines the mission of liaison officers with the State of residence.

4 The Federal Council is empowered to agree with the competent foreign authorities of the establishment of foreign liaison officers in Switzerland.

Art. 6 Establishment of the Central Offices

1 Central Offices established on the basis of an international treaty or other federal law shall be governed by analogy to the first and fourth titles of this Law.

2 The Federal Council may, by order, regulate the manner in which the Act is to be enforced.

Art. 6 A 1 Joint centres for police and customs cooperation with other states

1 The Confederation may participate in the establishment of joint police and customs cooperation centres in the territory of one of the Contracting States close to the common border.

2 It coordinates the conduct and operation of the Swiss part of these centres.

3 The Federal Council may agree with the cantons of the common organisation of the centres, the execution of tasks and the arrangements for financing.


1 Introduced by Art. 3 of the FA of 21 March 2014 approving the agreement between Switzerland, Austria and Liechtenstein concerning cross-border police cooperation, in force since 1 Er August 2014 ( RO 2014 2297 ; FF 2013 691 ).

Section 2 Central Office for the Fight against Organized Crime

Art. 7 Tasks

1 In particular, the Central Office for the Fight against Organised Crime is responsible for the prevention of criminal organisations as defined in Art. 260 Ter Penal Code 1 And to combat the offences committed by these organisations.

2 It also has the task of discovering and combating economic crime offences on which the Public Prosecutor's Office of the Confederation can initiate a preliminary procedure (Art. 24 of the Code of Criminal Procedure of 5 October. 2007, CPP 2 ). 3

3 In the context of mutual legal assistance procedures, it may be responsible for the administration of evidence in accordance with the PPC. 4


1 RS 311.0
2 RS 312.0
3 Introduced by ch. II 2 of the LF of 22 Dec. 1999 (New procedural skills in favour of the Confederation in the fields of organised crime and economic crime ( RO 2001 3071 ; FF 1998 1253). New content according to the c. II 15 of Schedule 1 to the PPC of 5 Oct. 2007, effective from 1 Er Jan 2011 (RO) 2010 1881; FF 2006 1057).
4 Introduced by ch. II 2 of the LF of 22 Dec. 1999 (New procedural skills in favour of the Confederation in the fields of organised crime and economic crime ( RO 2001 3071 ; FF 1998 1253). New content according to the c. II 15 of Schedule 1 to the PPC of 5 Oct. 2007, effective from 1 Er Jan 2011 (RO) 2010 1881; FF 2006 1057).

Art. 8 Obligation to inform

1 The criminal prosecution authorities of the Confederation and the cantons shall communicate to the central office the information necessary to infer the existence of an organisation within the meaning of Art. 260 Ter , ch. 1, para. 1, of the Penal Code 1 Or the commission of any of the offences referred to in s. 24 CPS 2 , for which the Public Prosecutor's Office may open a preliminary procedure. 3 In particular, they announce specific suspicions, as well as the opening and ranking of investigations relating to cases involving criminal organizations or any of the offences referred to in s. 340 Bis The Criminal Code, for which the Attorney General of the Confederation can open an investigation. 4

2 The central office shall inform the criminal prosecution authorities of the Confederation and the cantons of all the facts relating to the investigations announced.


1 RS 311.0
2 RS 312.0
3 New content according to the c. II 15 of Schedule 1 to the PPC of 5 Oct. 2007, effective from 1 Er Jan 2011 ( RO 2010 1881 ; FF 2006 1057 ).
4 New content according to the c. II 2 of the LF of 22 Dec. 1999 (New procedural skills in favour of the Confederation in the fields of organised crime and economic crime), in force since 1 Er Jan 2002 ( RO 2001 3071 3076; FF 1998 1253).

Section 3: Central Office for Combating Illicit Traffic in Narcotic Drugs

Art. Tasks

1 The Central Office for the Fight against Illicit Traffic in Narcotic Drugs supports the authorities of the Confederation, the cantons and other States in preventing and combating illicit drug trafficking.

2 As part of mutual legal assistance procedures, it may be responsible for the administration of evidence in accordance with the PPC 1 . 2

3 ... 3


1 RS 312.0
2 New content according to the c. II 15 of Schedule 1 to the PPC of 5 Oct. 2007, effective from 1 Er Jan 2011 ( RO 2010 1881 ; FF 2006 1057 ).
3 Repealed by c. II 2 of the LF of 22 Dec. 1999 (New procedural skills in favour of the Confederation in the fields of organised crime and economic crime) ( RO 2001 3071 ; FF 1998 1253).

Art. 10 Obligation to inform

The cantons must notify the central office in time of any criminal proceedings instituted to suppress an offence under the law of 3 October 1951 1 On narcotics.


Section 4 Personal data processing

Art. 11 And 12 1

1 Repealed by c. 8 of Annex 1 to the PMQ of 13 June 2008 on the police information systems of the Confederation, with effect from 5 Dec. 2008 ( RO 2008 4989 ; FF 2006 4819 ).

Art. 13 Personal Data Communication

1 Under the obligation to cooperate, the central office is to the knowledge of the authorities of the personal data. The Federal Council regulates by means of an order to which other recipients in Switzerland the central office may transmit personal data relating to a procedure, in case of case.

2 The central office may disclose personal data to foreign criminal prosecution authorities where a law or an international treaty provides for it or:

A.
That the information is necessary to prevent or clarify an infringement in the field of competence of the central office;
B.
A Swiss request for information must be substantiated;
C.
That the communication is in the interest of the person concerned and that the person has consented to it or that the circumstances make it possible to presume its agreement.
Art. 14 1

1 Repealed by c. 8 of Annex 1 to the PMQ of 13 June 2008 on the police information systems of the Confederation, with effect from 5 Dec. 2008 ( RO 2008 4989 ; FF 2006 4819 ).

Section 5 Final provisions

Art. 15 Implementing provisions

The Federal Council regulates by order:

A.
The procedures for the processing of data by central offices and the coordination of systems;
B.
The right of access and the limits of access to federal and cantonal services;
C.
The duration of data archiving, monitoring and data protection terms and conditions.
Art. 16 Referendum and entry into force

1 This Act is subject to an optional referendum.

2 The Federal Council shall fix the date of entry into force.


Date of entry into force: 15 March 1995 6


RO 1995 875


1 New content according to Art. 3 of the FA of 21 March 2014 approving the Ac. Between Switzerland, Austria and Liechtenstein concerning cross-border police cooperation, in force since 1 Er August 2014 ( RO 2014 2297 ; FF 2013 691 ).
2 Abbreviation introduced by c. I of the LF of 18 June 1999, in force since 15 June 2000 ( RO 2000 1367 ; FF 1997 IV 1149).
3 RS 101
4 New content according to Art. 3 of the FA of 21 March 2014 approving the Ac. Between Switzerland, Austria and Liechtenstein concerning cross-border police cooperation, in force since 1 Er August 2014 ( RO 2014 2297 ; FF 2013 691 ).
5 FF 1994 I 1125
6 ACF of February 22, 1995


State 1 Er August 2014