Key Benefits:
On 23 December 2011 (State 1 Er January 2013)
This Law shall rule:
1 This Act applies to any person having the following characteristics:
2 This Act also applies to persons who have a relationship within the meaning of s. 168, para. 1-3 of the Code of Criminal Procedure (PPC) 1 With the person referred to in para. 1 and who, as a result, are exposed to or may be exposed to a serious threat to their life or bodily integrity or to another serious disadvantage.
3 The chap. 2, sections 4 and 5, of this Law shall apply to persons subject to a witness protection programme established by a foreign State or an international criminal court and which have been brought to Switzerland for reasons of Security, provided that no international treaty to which Switzerland is bound contains provisions to the contrary.
The Witness Protection Program (Protection Program) is an individual set of extra-procedural measures designed to protect a person from the risks that they may incur as a result of their collaboration in the framework Criminal proceedings, including attempts at intimidation.
For the purposes of this Law, the protection programme shall pursue the following purposes:
The protection programme may include, inter alia, the following extra-procedural measures:
1 The Directorate of Procedure may request the Witness Protection Service to set up a protection programme for a person who has declared his or her willingness to cooperate in criminal proceedings.
2 If an application is to be filed after the closure of the criminal proceedings, it shall be the responsibility of the authority which took the decision which led to the closure of that procedure.
3 The authority which transmitted the application shall motivate the applicant by specifying in particular the public interest in prosecuting the offender, the importance of the cooperation of the person concerned for the criminal procedure and the extent of the infringement. Threat.
4 The application and correspondence relating thereto shall not be placed on the record of the criminal proceedings.
5 The Federal Council shall lay down the procedures for submitting the application.
1 The Witness Protection Service shall conduct a full review of the application. In particular, it examines:
2 The Witness Protection Service shall inform the person concerned:
3 The witness protection service may, as part of that examination, take emergency measures in favour of the person to be protected.
1 The Director of the Federal Police Office (fedpol) decides on the establishment of a protection programme at the request of the Witness Protection Service.
2 In particular, it takes into account the criteria listed in Art. 7, para. 1 1 , when weighing interest.
3 The decision shall be notified, duly substantiated and in writing, to the person to be protected and to the authority which transmitted the request.
4 The person to be protected and the authority that transmitted the application may appeal against that decision.
5 The decision shall not be placed on the criminal proceedings file.
1 The Witness Protection Service shall inform the person to protect the conduct of the protection programme, its rights and obligations and the consequences of a breach of those obligations.
2 The protection program begins only when the person to be protected or his or her legal representative has given written consent.
1 Any modification of the protection programme having a significant impact on the personal situation of the person to be protected is subject to a decision by the director of fedpol.
2 The person to be protected may appeal against this decision. In addition, the procedure is governed by s. 8, para. 3 and 4.
1 The Director of fedpol may, on a proposal from the Witness Protection Service, terminate the protection programme in the following cases:
2 Until the closure of the criminal proceedings by a decision entered into force, the protection programme may be interrupted only after consultation with the management of the procedure. If the proceedings are pending before a court, it should also be referred to the prosecutor.
3 The Director of fedpol shall, in all circumstances, terminate the protection programme if the person to protect expressly so requests.
4 The Federal Council shall determine the terms of the end of the protection programme.
If the threat persists and the person concerned consents, the protection programme shall continue beyond the closure of the criminal procedure by a decision in force or by order of classification.
1 The person to be protected shall be required to inform the Witness Protection Service of the claims of third parties to it.
2 The Witness Protection Service ensures that the following rules are followed:
3 If the guarantee of the execution of claims by third parties to the person to be protected requires it, the Witness Protection Service shall inform the third parties concerned of the establishment of a protection programme for that person. They shall, upon request, provide them with relevant information for the adoption of decisions relating to these claims.
1 The measures taken under this Act shall in no way affect the claims of the person to be protected against third parties.
2 If the guarantee of the execution of the claims of the person to be protected against third parties requires it, the Witness Protection Service shall inform these third parties of the establishment of a protection programme for that person. They shall, upon request, provide them with relevant information for the adoption of decisions relating to these claims.
1 The person to be protected shall receive from the Witness Protection Service, as part of the protection programme, for as long as his protection so requires and to the extent necessary for the coverage of his living expenses.
2 A reasonable amount adapted to his economic situation is paid to him for the cover of his living expenses. This amount takes into account the legal income that the person to be protected had so far and his or her heritage, family status, maintenance or assistance obligations and security needs. The lower limit of this sum shall be calculated according to the provisions on social assistance in force in the place of residence.
3 The Witness Protection Service may require the reimbursement of financial benefits if the person has obtained them by knowingly providing inaccurate information.
1 In the judicial or administrative proceedings of the Confederation, by the cantons or by the municipalities in which his new identity or his place of residence or residence is not known, the person to be protected shall have the right to refuse to Provide information that would make it possible to draw conclusions about the new identity or place of residence or residence.
2 The Witness Protection Service is cited in place of the place of residence or residence.
3 In criminal proceedings, the refusal to testify is governed by the PPC 1 And, in military criminal proceedings, by the Military Criminal Procedure of 23 March 1979 2 .
1 The Witness Protection Service may require public services, legal persons or natural persons not to disclose certain data concerning a person to be protected, provided that the technical means available are Allow.
2 Public services, legal persons and the natural persons thus sought shall ensure that the protection of witnesses is not compromised when they process the data.
1 The public services, legal persons and natural persons to whom the Witness Protection Service has addressed shall immediately inform it of any request for information concerning the person to be protected.
2 If an electronic information system has a register indicating who has consulted the data, the extracts from this register relating to the consultations concerning the person to be protected shall be transmitted to the Witness Protection Service, to the Request of the latter.
3 The Witness Protection Service may extend this obligation to provide information to requests for information and questions concerning its employees.
1 In order to establish or preserve an interim identity, the Witness Protection Service may require public services, legal persons and natural persons to provide the following services:
2 The Witness Protection Service shall take into account the public interest and the interests of third parties worthy of protection.
3 Where the provisional identity is deleted, the Witness Protection Service shall, in cooperation with public services, legal persons and natural persons, ensure that the data relating to them are merged with those of The original identity, and then deleted.
4 A provisional identity may also be established for the staff of the Witness Protection Service for the time necessary for their protection.
In the case of the person to be protected, the competent authority shall consult the Witness Protection Service before taking the following decisions:
The Witness Protection Service shall take decisions having an effect on the type and place of execution of pre-trial detention, pretrial detention, deprivation of liberty or other deprivation of liberty in respect of Person to be protected after referring to the criminal prosecution authorities concerned.
1 The Confederation shall establish a Witness Protection Service to ensure the protection of witnesses under this Act.
2 The Witness Protection Service is subordinate to the Federal Police Office. From the point of view of the staff and the administrative organisation, it is independent of the units responsible for carrying out investigations.
1 The Witness Protection Service performs the following tasks:
2 The Federal Council regulates the training of the staff of the Witness Protection Service.
1 The Witness Protection Service manages the records in such a way that they provide a complete and accurate overview of decisions and actions at all times.
2 The files are confidential. They are not included in the criminal proceedings.
3 The Act of 17 December 2004 on transparency 1 Does not apply to records relating to protection programs.
1 The Witness Protection Service operates an electronic information system to perform the tasks assigned to it.
2 This system shall contain the personal data required by the Witness Protection Service in order to carry out the tasks conferred upon it by this Law.
3 It is not linked to other information systems.
4 The data are processed exclusively by the fedpol organizational unit responsible for witness protection.
5 For the information system, the Federal Council determines:
1 The information system contains the data required by the Witness Protection Service to ascertain whether a person is suitable for a protection programme and to obtain an overview of his or her personal situation and Heritage, including information on:
2 It also contains the data referred to in para. 1 which relates to the person from whom the threat emanates, and who is required by the Witness Protection Service to assess the risks.
1 The Witness Protection Service may collect the necessary data under s. 26 as follows:
2 Collection and transmission of data referred to in para. 1 requested by the Witness Protection Service are not invoiced.
1 Fedpol may, under the following conditions, transfer a person to be protected abroad or to take charge of a person to be protected from abroad:
2 Fedpol shall obtain the prior agreement of the regulatory authority for the stay before taking over the person concerned.
1 The cost of a transfer or assumption under s. 28 are divided according to the following principles:
2 In special cases, the costs of personnel may be borne, on an exceptional basis, by the protection service of the requesting witnesses, provided that the other party grants reciprocity.
3 The arrangements for charging fees with a competent service of a foreign state or with an international criminal court on the basis of an international treaty are reserved.
1 Any person who obtains, in the course of his or her cooperation in a protection programme, information on the person to be protected or on any protective measures the subject matter of which is the subject of the protection, may disclose such information only with the authorization of the Witness Protection Service.
2 The Witness Protection Service shall inform persons who cooperate in such a programme of their obligation to keep the secret.
3 The person to be protected shall not disclose any information relating to the protection measures in respect of which he or she is the subject or persons who are responsible for the protection of the person except with the authorization of the Witness Protection Service.
1 Any person who violates the obligation to keep the secrecy fixed in s. 30 shall be punished with a pecuniary penalty of 180 days at most, unless it is a crime or an offence for which the Penal Code 1 Provides for a heavier penalty.
2 The unauthorized disclosure of personal data or witness protection measures remains punishable after the end of the activity in which the information was provided .
1 The Witness Protection Service addresses an annual report of its activities to the head of the Federal Department of Justice and Police (DFJP).
2 In particular, this report contains information on the following:
1 In their reports and recommendations, the persons responsible for searching for information or inspection in the context of the high surveillance exercised by the Federal Assembly pursuant to the Act of 13 December 2002 on Parliament 1 Or the supervision exercised by the Federal Council or the DFJP pursuant to the Act of 21 March 1997 on the organisation of government and administration 2 May use information obtained only in a general and anonymous form.
2 The Witness Protection Service shall take appropriate measures so that high surveillance can be carried out without providing information to draw conclusions about the place of residence or identity used by a Protected person is not disclosed.
1 The living expenses of the person to be protected and the current costs of protective measures under a protection program governed by this Act shall be borne by the community, which shall require the establishment of such protection. Program (Confederation or Township).
2 The Confederation and the cantons equally share the operating costs of the Witness Protection Service.
3 The Federal Council defines the distribution key between the cantons.
(art. 36)
The following laws are amended as follows:
... 1
1 The mod. Can be viewed at RO 2012 6715 .
