Advanced Search

RS 0.311.551 Additional Protocol of 15 May 2003 to the Criminal Law Convention on Corruption

Original Language Title: RS 0.311.551 Protocole additionnel du 15 mai 2003 à la Convention pénale sur la corruption

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

0.311.551

Original text

Additional Protocol to the Criminal Law Convention on Corruption

Conclu in Strasbourg on 15 May 2003

Approved by the Federal Assembly on October 7, 2005 1

Instrument of ratification deposited by Switzerland on 31 March 2006

Entry into force for Switzerland on 1 Er July 2006

(State on 12 November 2015)

The Council of Europe member states and the U Tres States

Signatories to this Protocol,

Whereas it is appropriate to complete the Criminal Law Convention on Corruption 2 (STE n O 173, hereinafter referred to as "the Convention") in order to prevent and combat corruption;

Also considering that the present Protocol will allow for the wider implementation of the Programme of Action against Corruption of 1996,

Agreed to the following:

Chapter I Terminology

Art. 1 Terminology

For the purposes of this Protocol:

1. The term Arbitrator " Shall be considered by reference to the national law of the State party to this Protocol, but, in any event, shall include a person who, by reason of an arbitration agreement, is called upon to make a legally binding decision on a Dispute which is submitted by the parties to the same agreement.

2. The term " Arbitration agreement " Means an agreement recognized by national law and by which the parties agree to submit a dispute to an arbitrator for decision.

3. The term " Juror " Must be considered by reference to the national law of the State party to this Protocol, but in any case must include a person acting as a non-professional member of a collegiate body responsible for making a decision in the context of a Criminal trial on the guilt of an accused.

4. In the case of proceedings involving an arbitrator or a foreign juror, the prosecuting State may apply the definition of arbitrator or juror only to the extent that that definition is compatible with its national law.

Chapter II Measures to be taken at national level

Art. 2 Bribery of domestic arbitrators

Each Party shall adopt such legislative and other measures as may be necessary to establish a criminal offence, in accordance with its domestic law, where the act was committed intentionally, proposing, offering or giving, directly Or indirectly, any unfair advantage to an arbitrator exercising his or her functions under the national law on the arbitration of that Party, for himself or for another person, in order to accomplish or refrain from performing an act in the exercise of his or her Functions.

Art. 3 Passive bribery of domestic arbitrators

Each Party shall adopt such legislative and other measures as may be necessary to establish a criminal offence, in accordance with its domestic law, where the act was committed intentionally, the act of an arbitrator carrying out its functions under The empire of national law on the arbitration of that Party, to solicit or receive, directly or indirectly, any unfair advantage to himself or someone else, or to accept the offer or promise to carry out or refrain from doing so To perform an act in the performance of his or her duties.

Art. 4 Bribery of foreign arbitrators

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, in accordance with its domestic law, the acts referred to in s. 2 and 3 of this Protocol, where they involve an arbitrator performing his duties under the national law on the arbitration of any other State.

Art. 5 Bribery of domestic jurors

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, in accordance with its domestic law, the acts referred to in s. 2 and 3 of this Protocol, where they involve any person acting as a juror within his or her judicial system.

Art. 6 Bribery of foreign jurors

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, in accordance with its domestic law, the acts referred to in s. 2 and 3 of this Protocol, where they involve any person acting as a juror within the judicial system of any other State.

Chapter III Follow-up to implementation and final provisions

Art. 7 Implementation monitoring

The Group of States against Corruption (GRECO) shall monitor the implementation of this Protocol by the Parties.

Art. 8 Relations with the Convention

1. States Parties shall consider the provisions of Art. 2 to 6 of this Protocol as additional articles to the Convention.

2. The provisions of the Convention shall apply to the extent that they are compatible with the provisions of this Protocol.

Art. Declarations and reservations

1. If a Party has made a declaration on the basis of Art. 36 of the Convention, it may make a similar declaration concerning art. 4 and 6 of this Protocol at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession.

2. If a Party has made a reservation on the basis of Art. 37, para. 1, of the Convention limiting the application of passive bribery offences referred to in Art. 5 of the Convention, it may make a similar reservation concerning art. 4 and 6 of this Protocol, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession. Any other reservation made by a Party on the basis of Art. 37 of the Convention shall also apply to this Protocol, unless that Party expresses the contrary intention at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession.

3. No other reservation is permitted.

Art. 10 Signature and entry into force

(1) This Protocol shall be open for signature by States which have signed the Convention. These States may express their consent to be bound by:

A.
Signature without reservation of ratification, acceptance or approval; or
B.
Signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.

2. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

3. This Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date on which five States have expressed their consent to be bound by the Protocol, in accordance with the provisions of s. 1 and 2 above, and only after the Convention itself has entered into force.

4. For any signatory State which subsequently expresses its consent to be bound by the Protocol, it shall enter into force on the first day of the month following the expiration of a period of three months after the date of the expression of its consent To be bound by the Protocol, in accordance with the provisions of s. 1 and 2 above.

5. A signatory State may not ratify, accept or approve this Protocol without having simultaneously or previously expressed its consent to be bound by the Convention.

Art. 11 Accession to the Protocol

Any State or the European Community which has acceded to the Convention may accede to this Protocol after it has entered into force.

2. For any State or the European Community acceding to this Protocol, it shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of an instrument of accession with the Secretary General The Council of Europe.

Art. 12 Territorial Application

1. Any State or the European Community may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Protocol shall apply.

(2) Any Party may, at any other time thereafter, extend the application of this Protocol, by declaration addressed to the Secretary General of the Council of Europe, to any other territory designated in the declaration and whose relations it provides Or for which it is entitled to stipulate. The Protocol shall enter into force in respect of that territory on the first day of the month following the expiration of a period of three months after the date of receipt of that declaration by the Secretary General.

3. Any declaration made under the two preceding paragraphs may be withdrawn, in respect of any territory designated in that declaration, by notification addressed to the Secretary General of the Council of Europe. The withdrawal shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of that notification by the Secretary General.

Art. 13 Denunciation

1. Any Party may, at any time, denounce this Protocol by sending a notification to the Secretary General of the Council of Europe.

(2) Denunciation shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.

The denunciation of the Convention shall automatically result in the denunciation of this Protocol.

Art. 14 Notification

The Secretary General of the Council of Europe shall notify the member States of the Council of Europe and of any State or of the European Community having acceded to this Protocol:

A.
Any signature of this Protocol;
B.
The deposit of any instrument of ratification, acceptance, approval or accession;
C.
Any date of entry into force of this Protocol in accordance with its art. 10, 11 and 12;
D.
Any declaration or reservation made under s. 9 and 12;
E.
Any other act, notification or communication relating to this Protocol.

In witness whereof, The undersigned, duly authorized to that effect, have signed this Protocol.

Done at Strasbourg, on 15 May 2003, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding Parties.

Scope of application on 12 November 2015 3

States Parties

Ratification

Entry into force

Albania

15 November

2004

1 Er March

2005

Andorra

20 February

2015

1 Er June

2015

Armenia

9 January

2006

1 Er May

2006

Azerbaijan *

3 April

2013

1 Er August

2013

Belarus

5 February

2015

1 Er June

2015

Belgium

26 February

2009

1 Er June

2009

Bosnia and Herzegovina

7 September

2011

1 Er January

2012

Bulgaria

4 February

2004

1 Er February

2005

Cyprus

21 November

2006

1 Er March

2007

Croatia

10 May

2005

1 Er September

2005

Denmark *

16 November

2005

1 Er March

2006

Spain *

17 January

2011

1 Er May

2011

Finland

24 June

2011

1 Er October

2011

France

April 25

2008

1 Er August

2008

Greece *

10 July

2007

1 Er November

2007

Hungary

February 27

2015

1 Er June

2015

Ireland

July 11

2005

1 Er November

2005

Iceland

6 March

2013

1 Er July

2013

Latvia

27 July

2006

1 Er November

2006

Lithuania

26 July

2012

1 Er November

2012

Luxembourg

July 13

2005

1 Er November

2005

Macedonia

14 November

2005

1 Er March

2006

Malta

1 Er July

2014

1 Er November

2014

Moldova

22 August

2007

1 Er December

2007

Monaco

10 July

2013

1 Er November

2013

Montenegro

March 17

2008

1 Er July

2008

Norway

2 March

2004

1 Er February

2005

Netherlands *

16 November

2005

1 Er March

2006

Caribbean (Bonaire, Sint Eustatius and Saba)

10 October

2010

10 October

2010

Poland

April 30

2014

1 Er August

2014

Romania

29 November

2004

1 Er March

2005

United Kingdom

9 December

2003

1 Er February

2005

Serbia

9 January

2008

1 Er May

2008

Slovakia

7 April

2005

1 Er August

2005

Slovenia

11 October

2004

1 Er February

2005

Sweden *

25 June

2004

1 Er February

2005

Switzerland * A

March 31

2006

1 Er July

2006

Turkey

16 December

2014

1 Er April

2015

Ukraine *

27 November

2009

1 Er March

2010

*
Reservations and declarations.
Reservations and declarations, with the exception of those of Switzerland, are not published in the RO. The texts in English and French can be found at the Council of Europe website: http://conventions.coe.int or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

A By letter of 25 March 2015, Switzerland confirmed to the depositary that it maintains its declaration according to Art. 36 and its reserves under art. 37, pursuant to s. 38 of the Convention in their entirety for a further period of 3 years, namely 1 Er July 2015 to 1 Er July 2018 ..

Statement

Switzerland 4

Switzerland declares that it will not penalise infringements within the meaning of art. 4 and 6 of the Additional Protocol only to the extent that the behaviour of the corrupt person consists in the execution or omission of an act contrary to his duties or dependent on his discretion.


RO 2006 2393 ; FF 2004 6549


1 Art. 1 al. 2 of the AF of 7 Oct. 2005 ( RO 2006 2371 )
2 RS 0.311.55
3 RO 2006 2398 , 2008 4061, 2012 467, 2013 2079, 2015 5949. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
4 Art. 1 al. 2 of the AF of 7 Oct. 2005 ( RO 2006 2371 )


Status on November 12, 2015