Advanced Search

RS 173.713.161 Regulation of 31 August 2010 on the organization of the Federal Criminal Court (TPF Organization Regulation, ROTPF)

Original Language Title: RS 173.713.161 Règlement du 31 août 2010 sur l’organisation du Tribunal pénal fédéral (Règlement sur l’organisation du TPF, ROTPF)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

173.713.161

Regulations on the Organization of the Federal Criminal Court

(TPF Organization Regulations, ROTPF)

August 31, 2010 (Status on April 30, 2015)

The Federal Criminal Court (TPF),

Having regard to art. 51 and 53, para. 2, let. A, of the Law of 19 March 2010 on the organisation of criminal authorities (LOAP) 1 ,

Stops:

Title 1 Organization

Chapter 1 Administration of the Court

Section 1 Full Court

Art. 1 Composition of the Full Court

The composition of the Full Court is governed by Art. 53, para. 1, LOAP.

Art. 2 Tasks of the Full Court

1 The Court shall carry out its tasks under s. 53, para. 2, LOAP.

2 It also includes the following:

A.
The swearing-in or solemn promise of the judges before they enter into office (art. 47, para. 2, LOAP);
B.
The decision to initiate a criminal procedure against a judge for a crime or an offence which does not relate to the exercise of his office or activity (art. 50, para. 1, LOAP), as well as the authorization to arrest a judge within the meaning of s. 50, para. 2, LOAP and the decision to continue the detention already ordered against a judge or for subpoenas at hearings within the meaning of s. 50, para. 3, LOAP;
C.
The election of three more judges as members of the Administrative Commission within the meaning of Art. 54, para. 3, LOAP.

3 Any member of the court may ask the President, indicating the subject matter, for the convening of the Full Court.

Art. 3 1 Vote

1 The Court shall decide, make its decisions and make the appointments according to Art. 53, para. 3 and 4, and 57 LOAP by show of hands.

2 When the Plenary Court conducts an appointment, its members vote by secret ballot if a majority of its members so request.

3 In addition to art. 53, para. 3, LOAP, a decision by way of movement is excluded for appointments or where a judge or the Secretary-General requires that a case be deliberate orally.

4 The Secretary-General shall participate in the meetings of the Full Court with a consultative vote and shall maintain the minutes. With the agreement of the Presidency, another person may be responsible for holding the minutes.


1 New content according to the c. I of the TPF O of 21 Apr. 2015, in force since 30 Apr. 2015 ( RO 2015 1245 ).

Art. 3 A 1 Preparation of appointments and the establishment of courses

1 The Administrative Committee shall set a time limit for applications for the assignment to a court, the Presidency of the courts, the Administrative Commission and the pproposal to the Federal Assembly. An application is treated on an equal footing with a proposal made by another member of the court.

2 The applications announced are immediately brought to the attention of the Full Court. A candidature is possible up to the preparatory plenary meeting of the judges within the meaning of para. 4.

3 The Administrative Commission shall draw up a proposal for the establishment of the courts and their chairman.

4 The Administrative Commission shall convene a preparatory plenary meeting of the judges for an open discussion of the applications and its proposal. It may be amended up to ten days prior to the meeting at which the appointments will be made.

5 For the establishment of courses, each member of the court may submit a full alternative proposal up to five days before the scheduled appointment.


1 Introduced by ch. I of the TPF O of 21 Apr. 2015, in force since 30 Apr. 2015 ( RO 2015 1245 ).

Art. 3 B 1 Conduct of the procedure for the appointment and the establishment of courses

1 If, in the first round of voting, no candidate reaches an absolute majority of valid ballots, the ballots will be held until there are only two candidates remaining in the contest, with the candidate having the least number of votes being excluded in each round.

2 In case of equality of votes, a second round takes place. In the event of a new equality, the fate of the candidates or the two remaining candidates is proposed to the Federal Assembly.

3 If there are alternative proposals for the composition of the courses, they shall be put to the vote. The proposal of the Administrative Commission and the alternative proposal which received the most votes are put to the vote of the plenum.


1 Introduced by ch. I of the TPF O of 21 Apr. 2015, in force since 30 Apr. 2015 ( RO 2015 1245 ).

Section 2 Administrative Commission

Art. 4 Composition of the Administrative Committee

1 The composition of the Administrative Commission is regulated by Art. 54, para. 1, LOAP.

2 If a member of the Administrative Commission is prevented or challenged, his replacement shall be dealt with by Art. 52, para. 4, LOAP.

3 The President of the Federal Criminal Court, or his replacement for the purposes of Art. 52, para. 3 and 4, LOAP, chairs the Administrative Commission.

4 The Secretary-General shall participate in the meetings of the Administrative Commission with a consultative vote (Art. 54, para. 2, LOAP).

Art. 5 Tasks of the Administrative Commission

1 The Administrative Commission shall carry out its tasks under Art. 54, para. 4, LOAP.

2 The Administrative Commission is also responsible for:

A.
To propose to the Full Court the setting up of the courts and the appointment of their chairmen, as well as to assign the deputy judges and appoint the Secretary-General and his alternate (Art. 53, para. 2, let. E, f and g, LOAP);
B. 1
Hire the heads of services and terminate their working relationship (s. 54, para. 4, LOAP) at the request of the General Secretariat;
C.
To settle all matters of personnel of the members of the tribunal and of employees, unless such assignment is delegated to the Presidency or the General Secretariat;
D.
To exercise oversight over the General Secretariat;
E.
To deal with the remedies for which it has been designated as a redress authority;
F.
Assume the duties of denunciation in respect of other authorities;
G.
To deal with any other matter which the law or regulation does not entrust to another body.

3 The Administrative Commission may entrust the regulation of certain cases to the President or the General Secretariat.

4 Any member of the Administrative Commission or the Secretary-General may ask the President, indicating the subject matter, for the convening of the Administrative Commission.


1 New content according to the c. I of the TPF O of 21 Apr. 2015, in force since 30 Apr. 2015 ( RO 2015 1245 ).

Art. 6 Decisions of the Administrative Commission

1 The Administrative Commission may make decisions in meetings or by way of circulation only with the participation of at least three of its members.

2 The Administrative Commission takes its decisions, according to Art. 57, para. 1, LOAP, by an absolute majority of votes. In the case of a tie, that of the President shall be paramount; if it is an appointment or a commitment, the fate shall be decided (art. 57, para. 2, LOAP).

3 The Secretary-General shall hold the minutes; with the agreement of the Presidency, another person may be responsible for the holding of the minutes.

Section 3 Presidency of the Court

Art. 7 Election of the Chair

The election of the presidency and its replacement are regulated by art. 52, para. 1 and 2, LOAP.

Art. 8 Tasks of the presidency

1 The President of the Tribunal is responsible for:

A.
To represent the court outside the court;
B.
To chair the Full Court and the Administrative Commission (Art. 52, para. 3, LOAP);
C.
To convene the Full Court and the Administrative Commission and to decide on the use of the procedure by road;
D.
To settle cases delegated to it by the Administrative Commission.

2 The right of signature is regulated by s. 11.

Section 4 General Secretariat

Art. Appointment of the Secretary-General

On a proposal from the Administrative Commission, the Full Court is responsible for appointing the Secretary-General and his alternate (Art. 53, para. 2, let. G, LOAP).

Art. 10 Tasks of the General Secretariat

1 The Secretary General directs the administration of the tribunal, including scientific services. It provides the secretariat of the Full Court and the Administrative Commission (Art. 61 LOAP).

2 In particular, the Secretary-General is responsible for:

A.
Organizing services and the Chancery;
B.
To ensure the implementation of decisions adopted by the Full Court and by the Administrative Commission;
C.
Organize case management control by the Chancery, after agreement with the Chairs of the Courts;
D.
To manage information and public relations according to the rules on information, and according to the instructions of the President; in pending proceedings, the President of the court concerned shall be consulted;
E.
Settle cases delegated to it by the Administrative Commission;
F. 1
To hire the administrative staff according to the posts decided by the Administrative Commission and to terminate the working reports of the administrative staff, with the exception of the heads of services.

3 The Administrative Committee may delegate certain tasks to the Deputy of the Secretary-General.


1 Introduced by c. I of the TPF O of 21 Apr. 2015, in force since 30 Apr. 2015 ( RO 2015 1245 ).

Art. 11 Signatures

1 For cases which fall within the Plenary Court or the Administrative Commission, the President and the Secretary-General shall sign collectively.

2 For cases which are exclusively for the President, he shall sign alone.

3 For other administrative matters, the Secretary-General signs alone. The same shall apply to his alternate for the tasks assigned to him.

Chapter 2 Courses

Section 1 General provisions

Art. 12 The Courts of the Federal Criminal Court

In accordance with Art. 33 LOAP, the Federal Criminal Court consists of:

A.
One or more courses in criminal cases;
B.
One or more of the complaints courses.
Art. 13 Course Composition

1 The courts consist of the judges assigned to them by the Full Court (Art. 53, para. 2, let. E, LOAP).

2 Alternate judges may be assigned to courses under Art. 53, para. 2, let. F, LOAP.

3 Any judge may be called upon to sit in another court (art. 55, para. 3, LOAP). If necessary, the President of the Federal Criminal Court may order that judges or registrars lend their support to another court. The grounds for objection under s. 56 of the Code of Criminal Procedure (PPC) 1 Remain reserved.


Art. 14 Presidency of the Courts

1 The Presidency of the Courts is governed by Art. 56, para. 1, LOAP.

2 The President of the Court may be replaced by the Dean of Function in the Court, in the alternative by the oldest member (Art. 56, para. 2, LOAP). In the event of the incapacity of the judges of the court, the replacement by a judge of another court is possible.

3 The duties assigned by the PPC 1 The "President of the Court" shall be assumed by the President of the court concerned; the presiding judge may delegate them to the chairman of the composition of the court to be decided.


Art. 15 Composition of courts to adjudicate and distribute cases

1 The presidents of the courts divide the cases and constitute the courts to decide.

2 In the course of the distribution of cases and the establishment of the courts to be decided, the Presidents of the courts shall take into account, in particular, the following criteria: language of the case, rate of occupancy of judges and workload occasioned by their Participation in court bodies, professional competence, participation in previous decisions in the same field, related cases, absences.

3 The President of the Court may appoint a single judge, as well as the chairman of a composition to three judges, and entrust him with the instruction of the procedure and the presidential functions.

4 The chairmen of the courts are competent to grant administrative or judicial assistance to other authorities, as the latter relates to proceedings pending before them.

Art. 16 Clerks

1 Clerks perform their duties under s. 59, para. 1 and 2, LOAP and art. 335, para. 1, and 348, para. 2, CPP 1 .

2 They perform the other duties assigned to them by the President of the Court to which they are attached or by the Administrative Commission (Art. 59, para. 3, LOAP), which will generally have consulted the latter in advance.


Art. 17 Approval and Signature of Judgments

1 The members of the composition decide whether the final version of a judgment is approved.

2 The judgments delivered by the courts shall be signed by the President of the composition and by the Registrar. If either is prevented, the judgment shall be signed by another member of the composition, another clerk, respectively.

3 The other decisions shall be signed by the judge responsible and, where appropriate, by the Registrar who participated in the decision. In the event of incapacity, the judgment shall be signed by the President of the Court or by a member of the court which replaces it; in cases submitted to a single judge, the Registrar may be replaced by another Registrar.

Section 2 Court of Criminal Cases 2

Art. 18 Tasks of the Court of Criminal Cases 1

1 The Court of Criminal Matters shall carry out its tasks under s. 35 LOAP or other federal legislation. 2

2 The Court of Criminal Affairs shall act by a single judge or three judges in accordance with Art. 36 LOAP.

3 A decision made out of debate or in the absence of debate may be taken by way of circulation when it is taken unanimously and that neither a judge nor the clerk of the composition has requested any deliberation.


1 New content according to the c. I of the O of August 23, 2011, in force since 1 Er Jan 2012 ( RO 2011 4495 ).
2 New content according to the c. I of the O of August 23, 2011, in force since 1 Er Jan 2012 ( RO 2011 4495 ).

Section 3 Court of Complaints 3

Art. 19 Tasks of the Court of Complaints 1

1 The Court of Complaints carries out its duties under s. 37 and 65, para. 3, LOAP or other federal legislation. 2

2 ... 3

3 The Court of Complaints shall act on three judges unless the management of the proceedings is competent (art. 395 CPP 4 And 38 LOAP). It may decide by way of movement if there is unanimity and neither a judge nor the Registrar of Composition has requested any deliberation.


1 New content according to the c. I of the O of August 23, 2011, in force since 1 Er Jan 2012 ( RO 2011 4495 ).
2 New content according to the c. I of the O of August 23, 2011, in force since 1 Er Jan 2012 ( RO 2011 4495 ).
3 Repealed by c. I of the O of August 23, 2011, with effect from 1 Er Jan 2012 ( RO 2011 4495 ).
4 RS 312.0

Title 2 Functioning of the Court

Art. Discipline during the sessions

Session management adopts organizational measures and ensures discipline in meetings and debates.

Art. Clothing Clothing

The members of the tribunal, the clerks and the representatives of the parties wear dark and decent dress when participating in the public hearings of the tribunal.

Title 3 Final provisions

Art. Advertising of the administration of justice

1 The order of 24 May 2006 on transparency 1 Shall be applicable by analogy in accordance with Art. 64 LOAP.

2 The Secretary-General may authorize access to documents relating to the administration of justice, in accordance with the law of 17 December 2004 on transparency 2 Applications must in principle be made in writing. Authorized access is the subject of a note to be signed by the applicant.

3 If he intends to limit, postpone or refuse access, the Secretary-General shall notify the applicant of a decision subject to appeal within the meaning of Art. 5 of the Federal Act of 20 December 1968 on administrative procedure 3 There is no conciliation procedure. The possibility of recourse is assessed according to art. 82 to 89 of the Act of 17 June 2005 on the Federal Court 4 .

4 The provisions of the Regulation of 31 March 2006 on the administrative emoluments of the Federal Court 5 Are applicable. For situations not provided for by this Regulation, the fees shall be calculated in accordance with the tariff attached to the order of 24 May 2006 on transparency.


Art. Repeal of the law in force

The regulation of 20 June 2006 of the Federal Criminal Court 1 Is repealed.


1 [ RO 2006 4459 , 2008 2115]

Art. 24 Entry into force

This Regulation shall enter into force on 1 Er January 2011.



RO 2010 5809


1 RS 173.71
2 New content according to the c. I of the O of August 23, 2011, in force since 1 Er Jan 2012 ( RO 2011 4495 ).
3 New content according to the c. I of the O of August 23, 2011, in force since 1 Er Jan 2012 ( RO 2011 4495 ).


Status on April 30, 2015