Key Benefits:
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:
The composition of the Full Court is governed by Art. 53, para. 1, LOAP.
1 The Court shall carry out its tasks under s. 53, para. 2, LOAP.
2 It also includes the following:
3 Any member of the court may ask the President, indicating the subject matter, for the convening of the Full Court.
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 ).
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 ).
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 ).
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).
1 The Administrative Commission shall carry out its tasks under Art. 54, para. 4, LOAP.
2 The Administrative Commission is also responsible for:
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 ).
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.
The election of the presidency and its replacement are regulated by art. 52, para. 1 and 2, LOAP.
1 The President of the Tribunal is responsible for:
2 The right of signature is regulated by s. 11.
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).
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:
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 ).
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.
In accordance with Art. 33 LOAP, the Federal Criminal Court consists of:
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.
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.
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.
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.
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.
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 ).
1 The Court of Complaints carries out its duties under s. 37 and 65, para. 3, LOAP or other federal legislation. 2
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
Session management adopts organizational measures and ensures discipline in meetings and debates.
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.
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.
The regulation of 20 June 2006 of the Federal Criminal Court 1 Is repealed.
1 [ RO 2006 4459 , 2008 2115]
This Regulation shall enter into force on 1 Er January 2011.
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 ).