¹ The provisions of this Act apply to all persons invested in a public service of the Confederation, namely:

A.

... ¹

B.

Members of the Federal Council and the Chancellor of Confederation;

C. ²

Members and alternates of federal courts;

C ^Bis . ³

Members of the Supervisory Authority of the Public Ministry of the Confederation;

D.

Members and alternates of federal authorities and commissions independent of federal courts and the federal government;

E.

Officials and other servants of the Confederation;

F.

All other persons, insofar as they are directly responsible for the tasks of public law by the Confederation.

² Except for persons belonging to the army, in respect of their military situation and duties of service.

¹ The provisions concerning civil servants are applicable to all persons mentioned in Art. 1, as this Act does not contain any special provisions.

² Members of the Federal Council and the Chancellor of the Confederation cannot be prosecuted for the opinions they issue in the Federal Assembly or its organs. ¹

³ For the remainder, the provisions of the Federal Act of March 26, 1934 are reserved. ² On political and police guarantees in favour of the Confederation.

¹ The Confederation shall respond to the damage caused without the right to a third party by an official in the performance of his or her duties, regardless of the official's fault.

² Where liability for specific facts is provided for in special legislative acts, the responsibility of the Confederation shall be governed by those provisions.

³ The injured party has no action against the employee.

⁴ Where a third party claims damages to the Confederation, the latter shall immediately inform the civil servant against whom the latter may exercise a right of appeal.

Where the injured party has consented to the injury or where the facts of which it is responsible have contributed to the creation or increase of the damage, the competent authority may reduce the damages or even not to award damages.

¹ In the case of a man's death, the damages include the costs, including those for burial. If death did not occur immediately, they include in particular the costs of treatment, as well as the damage arising from incapacity for work. Where, as a result of death, other persons have been deprived of their support, they shall also be compensated for such loss.

² In the case of bodily harm, the injured party shall be entitled to reimbursement of the costs and damages resulting from his or her inability to work in whole or in part, as well as the damage to his economic future.

³ If it is not possible, at the time of the decision, to determine with sufficient certainty the consequences of the bodily harm, the competent authority shall have the right to reserve a review of the decision for a period of not more than two years from the day Where it delivered. ¹

¹ If the official has committed a fault, the competent authority may, taking into account special circumstances, allocate to the victim bodily harm or, in the case of human death, to the family, an equitable compensation for compensation Moral. ¹

² A person who suffers an unlawful interference with his or her personality shall be entitled, in the event of the official's fault, to a sum of money as a moral remedy, provided that the seriousness of the infringement justifies it and that the author has not given it satisfaction Otherwise ² . ³

When the Confederation repairs the damage, it has against the official who caused it intentionally or by gross negligence a recursive action even after the termination of the service reports.

The employee is accountable to the Confederation for the damage he causes directly by violating his duty of service intentionally or by gross negligence.

¹ For the remainder, the provisions of the code of obligations ¹ On the formation of obligations resulting from unlawful acts shall apply mutatis mutandis to the claims of the Confederation resulting from s. 7 and 8.

² When several officials together caused injury, they did not respond to Confederation, contrary to s. 50 of the code of obligations, only in proportion to their faults.

¹ The competent authority shall rule on the claims of the Confederation which are contested or on those which are directed against it. The appeal procedure is governed by the general provisions of the federal procedure. ²

² The Federal Court is in a unique position within the meaning of s. 120 of the Act of 17 June 2005 on the Federal Court ³ Disputed claims relating to damages or compensation as a moral remedy resulting from the official activity of persons listed in s. 1, para. 1, let. A to c ^Bis . ⁴ The Confederation may be activated before the Federal Court if the competent authority has given up to three months from the date of the complaint without challenging it or without taking a position.

¹ To the extent that the Confederation acts as a subject of private law, its responsibility is governed by the provisions of that right.

² In such cases, the injured party does not have any action against the employee.

³ The recuring action of the Confederation is governed by art. 7 and 9.

The legality of decisions, orders and judgments which have the force of res judicing cannot be reviewed in a liability procedure.

¹ The special requirements of federal law are applicable to the criminal prosecution of crimes and offences committed by officials in the performance of their duties.

² The provisions of the Military Penal Code ¹ And the Federal Act of June 28, 1889 ² On the judicial organisation and the criminal procedure for the Federal Army are applicable to officials subject to military jurisdiction.

¹ An authorization from the competent committees of the Federal Assembly is necessary to open a criminal prosecution against members of the authorities or judges elected by the Federal Assembly for offences in direct relation to their Activity or official status. The competent committee of each of the Councils of the Federal Assembly shall be indicated in their respective regulations.

² The Presidents of the Councils shall appoint, in accordance with Art. 84 of the Act of 13 December 2002 on Parliament (LParl) ² , the board of which the committee considers as a matter of priority the request to lift the immunity.

³ For the rest, art. 17, para. 2 to 4, and 17 A , para. 2, 3, 5 and 6 LParl apply by analogy.

⁴ The two committees give the accused the opportunity to rule.

⁵ If the two committees decide to authorise the criminal prosecution, they may sit together as a committee of the Federal Assembly (Houses meeting) and propose to the latter the provisional suspension of the accused. The composition of this commission is governed by s. 39, para. 4, LParl. If necessary, the bureaux report or reduce the number of members of the committee so that its composition is in conformity.

¹ An authorization is in particular necessary to lift the postal secret or the secrecy of telecommunications within the meaning of s. 321 ^Ter Penal Code ² , in respect of one of the persons referred to in s. 14, when it is a matter of prosecuting or preventing an offence. ³ Authorisation will always be necessary when such measures are taken in respect of one of these persons for the purpose of monitoring a third party with whom it is connected because of its official functions.

² In this case, a committee consisting of the Presidents and Vice-Presidents of the two Councils shall decide on the grant or refusal of the authorisation. It shall be refused when its grant is not approved by at least five members of the Commission. ⁴

³ The deliberations and decisions of the Commission shall be secret.

⁴ The preceding provisions shall also apply where, for a first finding of the facts or to provide evidence, other investigative or educational measures are necessary in respect of the persons referred to in s. 14. As soon as the measures authorized by the Commission are carried out, it shall be carried out in accordance with Art. 14, to require the authorization of the relevant committees of the Federal Assembly for the purpose of criminal prosecution, unless the procedure is suspended. No arrests can be made without this authorization. ⁵

Where the need for authorisation is contested, it is for the competent committees to decide.

¹ An authorization from the Federal Department of Justice and Police is necessary to open criminal proceedings against civil servants because of offences related to their activity or official situation, except for offences in Road traffic. This authorization is issued:

A.

By the Administrative Delegation of the Federal Assembly for the staff of Parliamentary Services;

B.

By the Administrative Commission of the Court concerned for the staff of the Federal Court, the Federal Criminal Court and the Federal Administrative Court;

C. ¹

The Supervisory Authority of the Public Prosecutor's Office of the Confederation for the staff of its secretariat;

D. ²

By the Attorney General for the staff of the Public Prosecutor's Office of the Confederation which he himself appointed. ³

² The cantonal criminal prosecution authorities to which such offences are denounced must immediately request such authorisation and take urgent precautionary measures.

³ Where an offence and the legal conditions of the criminal prosecution appear to be carried out, the authorisation may be refused only in cases of minor gravity and, in the light of all the circumstances, a disciplinary measure ⁴ Of the guilty party seems sufficient.

⁴ The decision granting the authorisation is final.

⁵ The refusal of the Federal Department of Justice and Police or the Administrative Delegation of the Federal Assembly to issue the authorization may be appealed to the Federal Administrative Tribunal. Federal court decisions on the issuance of the authorization are final. ⁵

^5bis The public prosecutor who has requested the authorisation has the right to use it. ⁶

⁶ ... ⁷

¹ When an official commits an offence against his duties of office, the Swiss law also applies to him if the act has been committed abroad.

² When an official commits another offence in relation to his or her activity or official situation abroad, the Swiss law shall apply to him if the act is also punishable at the place where he was committed; however, s. 6, c. 2 of the Swiss Penal Code ¹ Is then applicable by analogy.

³ Art. 4 of the Swiss Penal Code ² Is reserved.

¹ If an organ or an employee of an institution independent of the ordinary administration which is responsible for carrying out the tasks of public law by the Confederation cause, in the course of that activity, damages to a third party or to the Confederation:

A.

The institution responds to the aggrieved person, in accordance with art. 3 to 6, damage to a third party. The Confederation is responsible to the injured party for the damage that the institution is unable to repair. The right of recourse by the Confederation and the institution against the offending organ or employee shall be governed by art. 7 and 9;

B.

The offending bodies or employees respond first and the institution, in the alternative, to the damage caused to Confederation. Art. 8 and 9 are applicable.

² Art. 13 ff apply by analogy to criminal liability. They do not apply to the criminal liability of employees and delegates of the concessionaires. ¹

³ The institution shall decide on the contested claims of third parties or the confederation which are directed against it, as well as on the claims of the institution directed against the organs or employees who are at fault. The appeal procedure is governed by the general provisions of the federal procedure. ²

¹ The Confederation shall reply to the damage caused without the right to a third party during the operation of the Schengen Information System by a person in the service of the Confederation or a canton.

² Where the Confederation repairs the damage, it may take action against the canton in the service of which the person who caused the damage works.

The Confederation shall reply to the damage caused to an injured party without any unlawful action under the following conditions:

A.

The authorities of another State bound by one of the association agreements in Schengen ¹ Have, when using the Schengen Information System, seized inaccurate or registered data without the right to report;

B.

The damage caused by a person in the performance of his or her duties in the service of the Confederation or a canton is the result of such an alert.

The competent federal authority shall rule on the contested rights which third parties claim against the Confederation or which the Confederation claims against a canton. Art. 10, para. 1, shall apply mutatis mutandis.

¹ The responsibility of the Confederation (art. 3 (ss) shall lapse if the injured person fails to make an application for damages or compensation as a moral relief in the year from the date on which the damage was known to the injured party, and in any case within ten years of the injurious act of the Public servant.

² The request should be addressed to the Federal Department of Finance ¹ .

³ If, in the cases referred to in s. 10, para. 2, the Confederation contests the application or if it does not take a position within three months, the injured party must take action within a new period of six months, under sentence of expiry. ²

The right of recourse of the Confederation against the official shall be prescribed by one year from the recognition or enforceability of the responsibility of the Confederation and, in any case, ten years from the harmful act of the Public servant.

¹ The requirement of criminal prosecution is governed by the provisions of the criminal law.

² The disciplinary liability of officials shall be prescribed in accordance with the special disciplinary provisions, but not later than one year after the discovery of the disciplinary act, and in any case three years after the last Breach of duty of duty.

³ The limitation period is suspended for the duration of the criminal proceedings initiated as a result of the same or up to the right of recourse exercised in the disciplinary proceedings.

¹ The right of the Confederation to require an official to compensate for the damage caused by a breach of duty of service (art. 8 and 19) shall be prescribed by one year from the day on which the service or authority competent to assert that right has been informed of the damage and in all cases by five years from the harmful act of the official.

² However, if the right to damages derives from an act punishable under criminal law to a longer period of limitation, that period also applies to civil action.

¹ The Federal Council shall issue the necessary implementing rules.

² In particular, it regulates the competence of the departments and divisions to definitively recognise or challenge the high claims against the Confederation, as well as to exercise the action for damages and the action against the Civil servants and conduct the necessary trials (art. 3, 10, para. 2, and 11; art. 7, 8, 19 and 20).

The Federal Council shall fix the date of entry into force of this Law.

¹ The former law shall apply to applications for leave to prosecute a civil servant who are pending at the entry into force of this Law.

² The Confederation also responds under Art. 3 et seq. Of the damage caused before the coming into force of this Act, if there is no requirement or lapse under s. 20.

³ Applications for a civil action against an official, who are pending at the time of entry into force of this Law, shall be treated as claims within the meaning of s. 10, para. 2; they shall be transmitted ex officio to the competent service.

⁴ However, if a decision has already been made on the application for leave, the case is settled under the old right.

⁵ In the case of surplus, this Act is the only one applicable to the liability of officials and to the retreating action of the Confederation against wrongdoers.

All provisions contrary to this Law shall be repealed at the time of its entry into force, in particular:

A.

The Federal Act of 9 December 1850 on the responsibility of the authorities and officials of the Confederation ¹ ;

B.

Art. 91 of the Federal Law of 5 April 1910 on Swiss posts ² ;

C.

Art. 29, 35 and 36 of the Federal Act of 30 June 1927 on the Staff Regulations of Officials ³ .