Key Benefits:
On 12 June 2009 (State 1 Er December 2010)
The Swiss Federal Assembly,
Having regard to art. 54, para. 1, and 123, para. 1, of the Constitution 1 , pursuant to Council Framework Decision 2006 /960/JHA of 18 December 2006 on the simplification of the exchange of information and information between law enforcement authorities in the Member States of the European Union 2 (framework decision), given the message of the Federal Council of 19 November 2008 3 ,
Stops:
1 In order to apply the Framework Decision, this Law shall rule:
2 The association agreements in Schengen are listed in Annex 2.
3 Are reserved:
4 This Law shall not affect the more stringent obligations with regard to mutual administrative assistance or the more favourable provisions contained in bilateral or multilateral cooperation agreements already concluded between Switzerland and one or more Schengen states.
1 Information within the meaning of this Law shall mean all types of data available to the criminal prosecution authorities.
2 Requests for information which involve the use of means of constraint provided for by the right of procedure or which relate to information protected by national law are excluded. The means of constraint provided for in the procedural law are, in particular, the possible coercive measures under Swiss law in the field of police and criminal procedure.
3 The processing of information within the meaning of this Law shall be governed by the Federal and cantonal data protection provisions, subject to Art. 6 A To 6 C . 1
1 New content according to the c. 5 of the LF of 19 March 2010 implementing Framework Decision 2008 /977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 Er Dec. 2010 ( RO 2010 3387 3418; FF 2009 6091 ).
1 The criminal prosecution authorities of confederation within the meaning of this Law shall mean the authorities empowered, under federal law, to exercise public authority to prevent and prosecute offences and to implement Constraint measures.
2 The authorities responsible for carrying out administrative criminal proceedings shall be excluded from the scope of this Law.
By the criminal prosecution authorities of the other Schengen states, the authorities defined in Art. 2, let. A, the Framework Decision.
1 The exchange of information between the criminal prosecution authorities of the Confederation and those of the other Schengen States takes place through the channels of communication available for international cooperation in the field of criminal prosecution.
2 The Federal Police Office can serve as a central point of contact for other criminal prosecution authorities.
1 The transmission of information to the competent criminal prosecution authorities of the other Schengen states must not be subject to stricter rules than those laid down for transmission to the Swiss criminal prosecution authorities.
2 Special laws which provide for stricter rules for the transmission of information to foreign criminal prosecution authorities do not apply to the transmission to the criminal prosecution authorities of other Schengen states.
The criminal prosecution authority shall not inform the person concerned if the Schengen State which has transmitted or made available the personal data expressly requests it.
1 Introduced by ch. 5 of the LF of 19 March 2010 implementing Framework Decision 2008 /977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 Er Dec. 2010 ( RO 2010 3387 3418; FF 2009 6091 ).
1 Personal data transmitted or made available by a Schengen State may be communicated by the criminal prosecution authority to the competent authority of a third country or to an international body only under the following conditions:
2 In derogation from para. 1, let. C, personal data may be disclosed, if in the present case the following conditions are met:
3 The criminal prosecution authority shall without delay inform the Schengen State which has transmitted or made available the personal data of communications made under para. 2.
4 In derogation from para. 1, let. D, personal data may be disclosed in the following cases:
1 Introduced by ch. 5 of the LF of 19 March 2010 implementing Framework Decision 2008 /977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 Er Dec. 2010 ( RO 2010 3387 3418; FF 2009 6091 ).
1 Personal data transmitted or made available by a Schengen State may be communicated by the criminal prosecution authority to a natural or legal person in the Schengen States only under the following conditions:
2 The competent authority shall communicate the data to the natural or legal person with the express prohibition of using them for purposes other than those laid down by the authority.
1 Introduced by ch. 5 of the LF of 19 March 2010 implementing Framework Decision 2008 /977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 Er Dec. 2010 ( RO 2010 3387 3418; FF 2009 6091 ).
1 The criminal prosecution authorities of the Confederation spontaneously make available to the competent criminal prosecution authorities of the other Schengen states the information as defined in art. 2 which could be useful for the prevention and prosecution of the offences set out in Annex 1.
2 This information shall be transmitted by means of the form referred to in Art. 10, let. B.
3 It is reported annually on the application of the spontaneous exchange of information.
1 Requests for information should include the following data:
2 Requests for information shall be drawn up by means of the form referred to in Art. 10, let. A.
1 Responses to requests for information shall be drawn up by means of the form referred to in Art. 10, let. B.
2 Where an authority receives an application which does not fall within its competence, it shall forward it ex officio to the competent authority.
3 The transmission of requests, the refusal to provide information or the delay in the reply must be motivated by the form referred to in par. 1.
4 If the approval of a judicial authority is necessary, the criminal prosecution authority shall require the application ex officio.
5 The authority which transmits the information shall attach it to a reference to the restrictions of use where a special law provides for it.
The Federal Department of Justice and Police determines the form to be used:
1 If the required information relates to an infringement referred to in Annex 1 and is directly available through simple access to a data bank, the following deadlines must be respected for the reply:
2 The period provided for in para. 1, let. A, may be extended by three days; the extension must be duly substantiated.
3 In other cases, the response must be provided within 14 days of the request.
1 Information exchange may be refused in the following cases:
2 The exchange of information should be refused in the following cases:
1 The Federal Council is empowered to conclude independently of international treaties relating to the resumption of developments in the Schengen acquis which involve a modification of the offences referred to in Annex 1.
2 It is empowered to fix, by order, minor amendments to Schedule 1. At the same time, it submits a message to Parliament concerning the amendment of the law.
When implementing federal law, the cantons shall apply this Law, provided that no cantonal provisions relating to the exchange of information with the other Schengen states can be invoked.
(art. 7, para. 1, and 11, para. 1)
| Framework Decision 2002 /584/JHA |
Offences under Swiss law |
||
| 1. |
Voluntary Homicide, Serious Blows and Injuries |
Homicide (murder, murder, murder, murder on victim's request, infanticide, serious bodily harm) (art. 111 to 114, 116 and 122 CP 2 ) |
|
| 2. |
Organized or Weapon Flights |
Theft and banditry (art. 139, c. 3, and 140 CP) |
|
| 3. |
Cybercrime |
Submitting data, undue access to a computer system, data deterioration, fraudulent use of a computer, fraudulently obtaining a benefit (art. 143, 143 Bis , 144 Bis , 147, para. 1 and 2, and 150 CP) |
|
| 4. |
Sabotage |
Damage to property, intentional fire, explosion, use, with criminal intent, explosives or toxic gases, manufacture, conceal and transport of explosives or toxic gases, flooding (collapse, damage to facilities Electrical, hydraulic and protective works) (art. 144, 221, 223, 224, 226, 227 and 228 CP) |
|
| 5. |
Escroquerie |
Escroquerie (art. 146, para. 1 and 2, CP) |
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| 6. |
Fraud, including fraud affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 3 On the protection of the financial interests of the European Communities |
Fraudulent use of a computer, abuse of chequing cards and credit cards, hostel filouting, fraudulently obtaining a benefit, astute infringement of others' pecuniary interest, false information about companies Trade, false communications to the authorities responsible for the trade register, forgery of goods, fraudulent bankruptcy and fraud in the seizure, fraudulently obtaining a legal concordat (Art. 147 to 150, 151 to 155, 163 and 170 CP) Escroquerie en matière de prestations et de contributions foreseen by the Federal Law on Administrative Criminal Law (art. 14, para. 1, DPA 4 ) |
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| 7. |
Counterfeit and Product Piracy |
Falsification of goods (art. 155 CP) Violation of the right to the mark, fraudulent use, use of incorrect indications of source (art. 61, para. 3, 62, para. 1 and 2, and 64, para. 2, LPM 5 ) Violation of the right to a design (art. 41, para. 2, LDes 6 ) Violation of copyright, violation of neighboring rights (art. 67, para. 2, and 69, para. 2, LDA 7 ) |
|
| 8. |
Racket and extortion |
Extortion and blackmail (art. 156 (CP) |
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| 9. |
Air/ship shooting |
Extortion and blackmail, coercion, kidnapping and abduction, hostage-taking (art. 156, 181 and 183 to 185 CP) |
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| 10. |
Trafficking in stolen vehicles |
Recel (art. 160 CP) |
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| 11. |
Trafficking in human beings |
Trafficking in human beings (art. 182 CP) |
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| 12. |
Kidnapping, Sequestration and Hostage |
Sequestration and abduction, aggravating circumstances, hostage-taking (art. 183-185 CP) Acts executed without the right of a foreign state (art. 271, c. 2, CP) |
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| 13. |
Sexual exploitation of children and child pornography |
Endangers the development of minors: sexual acts with children, pornography (art. 187 and 197, c. 3, CP) |
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| 14. |
Rape |
Rape (art. 190 CP) |
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| 15. |
Voluntary Fire |
Intentional fire (art. 221 CP) |
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| 16. |
Illicit traffic in nuclear and radioactive material |
Danger due to nuclear energy, radioactivity and ionising radiation, punishable preparatory acts (art. 226 Bis And 226 Ter CP) Infringements of the safety and security measures of the Nuclear Energy Act (Art. 88 LENu 8 ) |
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| 17. |
Counterfeiting, including counterfeiting of the euro |
Manufacture of counterfeit currency, falsification of currency (art. 240 and 241 CP) |
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| 18. |
Falsification of means of payment |
Manufacture of counterfeit currency, falsification of currency, circulation of counterfeit currency, imitation of banknotes, coins or official stamps of value without purpose of forgery, importation, acquisition and deposit of Counterfeit currency (art. 240-244 CP) |
|
| 19. |
Falsification of Administrative Documents and Counterfeit Traffic |
False in the securities, false in the certificates, fraudulently obtaining a false statement, false in the titles committed in the exercise of public functions (Art. 251 to 253 and 317, c. 1, CP) |
|
| 20. |
Participation in a criminal organization |
Criminal organization, illegal groupings (art. 260 Ter And 275 Ter CP) |
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| 21. |
Illicit traffic in arms, ammunition and explosives |
Endanging public safety by means of weapons (art. 260 Cc CP) Offences under the Arms Act (s. 33, para. 1 and 3, LArm 9 ) |
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| 22. |
Terrorism |
Financing of terrorism (art. 260 D CP) |
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| 23. |
Racism and xenophobia |
Racial discrimination (art. 261 Bis CP) |
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| 24. |
Crimes within the jurisdiction of the International Criminal Court |
Genocide (art. 264 CP) |
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| 25. |
Laundering of proceeds of crime |
Money laundering (art. 305 Bis CP) |
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| 26. |
Corruption |
Bribery of Swiss public officials (active bribery, passive bribery, granting of an advantage, acceptance of an advantage, bribery of foreign public officials) (art. 322 Ter To 322 Septies CP) Active and passive bribery and unfair competition as provided for in the Federal Act against Unfair Competition (Art. 4 A In relation to art. 23 LCD 10 ) |
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| 27. |
Assistance for irregular entry and residence |
Incitation to illegal entry, exit or stay (art. 116, para. 1, let. A, in relation to para. 3, LEtr 11 ) |
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| 28. |
Illicit trafficking in hormonal substances and other growth factors |
Criminal provision of federal law encouraging gymnastics and sports 12 (art. 11 F ) Offences provided for by the Food Act (art. 47, para. 1 and 2, LDAl 13 ) Time limits under the Therapeutic Products Act (s. 86, para. 1 and 2, LPTh 14 ) |
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| 29. |
Illicit traffic in cultural property, including antiques and works of art |
Criminal provisions under the Law on the Transfer of Cultural Property (art. 24 to 29 LTBC 15 ) |
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| 30. |
Illicit trafficking in human organs and tissues |
Delays under the Stem Cell Research Act (s. 24, para. 1 to 3, LRCS 16 ) Abuse of germinal heritage and lack of consent or authorization under the Federal Act on Assisted Human Reproduction (art. 32 and 34 LLDCs 17 ) Delays under the Act on Transplantation of Organs, Tissues and Cells 18 (art. 69, para. 1 and 2) |
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| 31. |
Illicit traffic in narcotic drugs and psychotropic substances |
Penal provisions of the Law on Narcotic Drugs (art. 19, c. 1 and 2, LStup 19 ) |
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| 32. |
Crimes against the environment, including illicit trafficking in endangered animal species and illicit trafficking in threatened species and species |
Time limits under the Environmental Protection Act (art. 60, para. 1, LP 20 ) Delays under the Water Protection Act (art. 70, para. 1, LEaux 21 ) Criminal provisions of the Radiation Protection Act (art. 43 and 43 A , para. 1, LRaP 22 ) Criminal provisions of the Genetic Engineering Act (art. 35, para. 1 and 2, LGG 23 ) |
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1 Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, OJ No O L 190 of 18.7.2002, p. 1.
2 Penal Code, RS 311.0
3 JO n O C 316 of 27.11.1995, p. 49
4 LF of 22 March 1974 on administrative criminal law, RS 313.0
5 Act of 28 August 1992 on the protection of marks, RS 232.11
6 Act of 5 October. 2001 on designs, RS 232.12
7 Act of 9 October. 1992 on copyright, RS 231.1
8 Nuclear Energy Act of 21 March 2003, RS 732.1
9 Arms, RS Act of June 20, 1997 514.54
10 LF of Dec 19. 1986 against unfair competition, RS 241
11 LF of Dec 16. 2005 on Foreigners, RS 142.20
12 LF of 17 March 1972 encouraging gymnastics and sports, RS 415.0
13 Act of 9 October. 1992 on foodstuffs, RS 817.0
14 Act of Dec. 2000 on therapeutic products, RS 812.21
15 Cultural Property Transfer Act of June 20, 2003, RS 444.1
16 Act of Dec. 2003 on stem cell research, RS 810.31
17 LF of 18 Dec. 1998 on Assisted Human Reproduction, RS 810.11
18 Oct 8 LF. 2004 on Transplantation, RS 810.21
19 Act of 3 October. 1951 on narcotics, RS 812.121
20 Act of 7 October. 1983 on environmental protection, RS 814.01
21 LF of 24 January 1991 on the protection of water, RS 814.20
22 Radiation Protection Act of 22 March 1991, RS 814.50
23 Genetic Engineering Act of March 21, 2003, RS 814.91
(art. 1, para. 2)
The association agreements with Schengen include the following agreements:
