Key Benefits:
This order applies to a computerized criminal record (VOSTRA) within the meaning of s. 365 to 371 A CP, including the following: 1
1 New content according to the c. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
1 The Federal Office of Justice (OFJ) is responsible for VOSTRA.
2 It coordinates the activities of authorities and services connected to VOSTRA and ensures that they perform their duties in accordance with the requirements in force.
3 It assists authorities and services connected to VOSTRA in solving enforcement problems and organizes training and development courses for the processing of criminal record data.
4 It controls whether the data are processed in accordance with the requirements and whether they are complete, accurate and up-to-date. For these purposes, he is entitled to consult the newspapers. It shall also have access to the documents which have served as the basis for the registration or communication of the data, to the extent that such consultation is necessary for the carrying out of the controls. It may, in itself, correct erroneous recordings made in VOSTRA or direct the competent authorities for the registration to make the necessary corrections.
5 It issues and removes individual access rights for data processing.
6 It lays down guidelines for the holding and use of VOSTRA, in particular the Regulation on data processing.
1 Are registered in VOSTRA:
2 The registration of judgments against minors is governed by Art. 366, para. 3 and 3 Bis , CP. 4
3 Records of suspended sentences or a partial stay of execution shall include a reference to that element (art. 42 and 43 CP, 36 and 37 CPM and 35 of the juvenile criminal law of 20 June 2003, DPMin 5 ).
1 RS 321.0
2 Introduced by ch. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
3 RS 0.351.1
4 New content according to the c. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
5 RS 311.1
1 The registration of judgments in VOSTRA includes the following sanctions:
2 The registration of the penalties imposed on minors is governed by Art. 366, para. 3 and 3 Bis , CP. 3
1 RS 321.0
2 New content according to the c. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
3 New content according to the c. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
The following subsequent decisions are recorded in VOSTRA, which result in a change in the entries contained in VOSTRA:
1 Are registered in VOSTRA the following decisions concerning the enforcement of sentences or measures:
2 Where a person is prohibited from carrying on an activity, prohibition of contact or geographical prohibition within the meaning of CP or the SPB 3 And a deprivation of liberty or a measure resulting in deprivation of liberty, the competent authority for the execution of the penalty or measure shall record the start and end dates of the penalty or measure if the judgment to which it is based is to be Also registered in VOSTRA. 4
3 In the case referred to in para. 2, if the sentence or measure is suspended and the stay is revoked, the final discharge at the end of the full execution of the sentence of deprivation of liberty, or the final discharge within the meaning of s. 62 B , para. 2, CP, is registered in VOSTRA. 5
1 New content according to the c. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
2 RS 311.1
3 RS 321.0
4 Introduced by ch. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
5 Introduced by ch. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
Are registered in VOSTRA:
1 Applications for extracts from foreign criminal records submitted by the Swiss authorities are recorded in VOSTRA.
2 These data can only be consulted by the OFJ, in its capacity as the person responsible for holding the criminal record, as well as by the requesting authorities.
3 The right to submit such applications electronically is set out in Schedules 2 and 3.
Not registered for criminal record:
1 RS 321.0
2 Introduced by ch. I 2 of O of 3 Dec. 2010, effective from 1 Er Jan 2013 ( RO 2010 5971 ).
3 Introduced by ch. I 2 of O of 3 Dec. 2010, effective from 1 Er Jan 2013 ( RO 2010 5971 ).
4 Introduced by ch. I 2 of O of 3 Dec. 2010, effective from 1 Er Jan 2013 ( RO 2010 5971 ).
1 The types of VOSTRA data and the associated data fields are set out in Appendix 1. 1
2 The authorities of the federal and cantonal authorities to process these data are presented in the form of summary tables in Annexes 2 and 3, respectively.
1 New content according to the c. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
1 Judgments, subsequent decisions and enforcement decisions must be registered no later than two weeks after the date on which they become full force.
2 Decisions that are only partially entered into force are recorded in VOSTRA as an integral part of the binding judgment that has been rendered by the higher court or subsequent decision.
3 As regards criminal proceedings pending, the data referred to in Art. 7 are registered in VOSTRA within two weeks of the end of the criminal proceedings or the change in VOSTRA.
4 The registration of a pending criminal procedure may be adjourned for as long as it calls into question the purpose of the criminal procedure.
1 Personal data relating to requests for extracts for individuals (art. 24) and special excerpts for individuals (art. 25 B ) Are saved and processed in VOSTRA and in an auxiliary data bank.
2 No sensitive data is recorded in the auxiliary data bank. It is used only for processing application procedures; it contains:
3 Some data from the auxiliary bank is transferred to VOSTRA via an electronic interface for the preparation of the extract.
4 The data types and associated data fields are set out in Appendix 1. A .
1 Introduced by ch. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
1 Must be immediately removed from VOSTRA:
2 The elimination of enrolments in respect of deprivation of liberty with partial conditional sentences follows the provisions governing the elimination of the registration of suspended sentences (art. 369, para. 3, CP).
3 Time limits for disposal referred to in s. 369 A CP also applies to prohibitions against the practice of a profession ordered on the basis of previous CP or CMP provisions 2 To protect minors or other particularly vulnerable persons. 3
4 In the case of a foreign judgment, it shall be considered as the duration of the prohibition of carrying on an activity, the prohibition of contact or the geographical prohibition laid down in the judgment. 4
5 Data on requests for extracts for private individuals and special extracts for private individuals (art. 11 A ) Are disposed of one year after the filing date of the application. 5
1 New content according to the c. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
2 RS 321.0
3 Introduced by ch. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
4 Introduced by ch. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
5 Introduced by ch. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
1 The OFJ records in VOSTRA the following data:
2 It processes requests for excerpts from VOSTRA listed below:
3 It deals with requests for extracts from foreign criminal records filed by Swiss authorities.
4 It shall communicate the convictions and subsequent decisions concerning foreign nationals to the State of which the sentenced person is a national, in accordance with the European Convention of 20 April 1959 on mutual legal assistance in criminal matters 3 And international treaties, to the extent that this State is known. The Federal Department of Justice and Police (DFJP) may issue guidelines for the reporting of criminal records to foreign authorities.
1 Introduced by c. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
2 Introduced by c. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
3 RS 0.351.1
1 The coordination services of the cantons have the following tasks:
2 The cantons may entrust to their coordination service additional tasks in relation to VOSTRA, in particular the registration of judgments and subsequent decisions of other cantonal authorities, or even all and the establishment, For the latter, extracts from VOSTRA.
1 New content according to the c. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
The Military Justice Coordination Service has the following tasks:
1 New content according to the c. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
1 The following authorities seize the data in VOSTRA, to the extent that they are connected:
2 Exceptions are the cases referred to in s. 13, para. 1, let. C and d. 1
1 Introduced by ch. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
1 The cantonal authorities of criminal justice and the enforcement of penalties which are not connected to VOSTRA shall communicate their data to the competent cantonal coordination service for their registration in VOSTRA.
2 The military justice authorities that are not connected to VOSTRA communicate their data to their coordination department for registration in VOSTRA. The Office of the Chief Auditor shall settle the details.
2bis The cantonal and military justice co-ordination services shall communicate to the OFJ the judgments and subsequent decisions referred to in Art. 13, para. 1, let. C and d. 1
3 The criminal justice authorities of the Confederation which are not connected to VOSTRA, as well as the administrative authorities of the Confederation and the cantons which make a criminal offence under federal law and are not connected To VOSTRA communicate their data to the OFJ for their registration in VOSTRA.
4 The authorities of the Confederation responsible for pardon or amnesty shall communicate the decisions granting the pardon or amnesty to the OFJ in order to register them in VOSTRA.
5 The cantonal authorities responsible for pardon and amnesty shall communicate the decisions granting the pardon or amnesty to the competent cantonal coordination services for their registration in VOSTRA.
1 Introduced by ch. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
1 All authorities participating in the criminal record shall ensure, in their jurisdiction, that the data are processed in accordance with the applicable requirements.
2 They shall ensure that the data recorded in VOSTRA or communicated for registration to the competent authority are complete, accurate and up-to-date.
3 If the authority entitled to register the data doubts the accuracy of the data or if a communication does not contain all the required indications, it shall refer the opinion for verification to the authority from which it originates or obtains Additional information it needs. It may print the extract of a person's criminal record for the purpose of verifying the accuracy of the recorded data; the printed document must be destroyed as soon as the audit is completed.
4 The authorities authorised to process data shall only be authorised to do so to the extent that they require such data in order to carry out their legal duties.
5 Criminal record data within the meaning of s. 366, para. 2 to 4, CP may not be registered or kept in isolation in a new file, unless it is necessary to justify a decision or order that has been made or a proceeding that has been initiated.
6 The authorities may transmit data from the criminal record only if an express legal basis in the formal sense of the term permits, and if that transmission pursues the same aims as those for which the data were obtained.
The civil service offices and the residents' control services are required to provide the authorities with the right to register data in VOSTRA free of charge, with the information necessary to establish the identity of persons whose Data must be processed.
1 If the authority entitled to register the data finds, in the light of the judgment, that a suspended sentence has been revoked without a general sentence within the meaning of s. 46, para. 1, CP, 40, para. 1, CPM 1 Or 31, para. 2, DPMin 2 Has been pronounced, it shall communicate the revocation to the competent authority for the execution of the revoked judgment.
2 If the OFJ finds, at the time of registration of a foreign judgment, that the act deemed to be abroad falls within the probation period, with a partial or total stay, already recorded, it shall communicate the failure of the The test in the Swiss court which gave the total or partial stay of the sentence. If the judgment delivered abroad falls within the period of probation for a conditional release, the OFJ communicates the failure of the test to the executing authority.
3 If the authority entitled to register the data finds, upon registration of the judgment, that a conditional discharge of the execution of the sentence or the measure has been revoked without a general sentence within the meaning of s. 62 A , para. 2, and 89, para. 6, CP or 31, para. 2, DPMin has been pronounced, it communicates the revocation to the competent authority for the execution of the balance of the sentence which has become enforceable following the revocation.
4 If a person who is granted a conditional pardon is convicted of a criminal offence during the test period, the competent authority to register the data shall communicate it to the competent authority.
1 Online consultation is governed by s. 367, para. 2, 2 Bis And 4, CP. 1
2 In addition, the Federal Office of the Police may consult online the data on judgments according to Art. 366, para. 1, 2, 3, let. A, b and d, and 3 Bis , as well as to criminal proceedings in progress provided that this is necessary for the performance of the following tasks (Art. 367, para. 3, CP): 2
3 In addition, cantonal naturalization authorities at the canton level can consult the data on judgments according to Art. 366, para. 1, 2, 3, let. A, b and d, and 3 Bis , as well as to criminal proceedings in progress, provided that this is necessary for the completion of a naturalisation procedure (Art. 367, para. 3, CP). 8
4 In addition, the Confederation Intelligence Service can consult online the data on judgments according to s. 366, para. 1, 2, 3, let. A, b and d, and 3 Bis , as well as to criminal proceedings in progress provided that this is necessary for the performance of the following tasks (Art. 367, para. 3, CP): 9
1 New content according to the c. I 2 of O of 3 Dec. 2010, effective from 1 Er Jan 2013 ( RO 2010 5971 ).
2 New content according to the c. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
3 New content according to the c. 13 of the Annex to the O of 12 Dec. 2008, effective from 1 Er Jan 2009 ( RO 2008 6305 ).
4 RS 120
5 [RS 1 113; RO 1949 225, 1987 1665, 1988 332, 1990 1587 art. 3 para. 2, 1991 362 ch. II 11 1034 ch. III, 1995 146, 1999 1111 2253 2262 Annex, c. 1, 2000 1891 c. IV 2, 2002 685 hp. I 1,701 ch. I 1 3988 annex, c. 3, 2003 4557 Annex, c. II 2, 2004 1633 hp. I 1 4655 ch. I 1, 2005 5685 Annex, c. 2, 2006 979 art. 2 hp. 1 1931 art. 18 hp. 1 2197 Annex c. 3 3459 Annex, c. 1 4745 Annex, c. 1, 2007 359 Annex c. 1. RO 2007 5437 Annex 2 c. I]. See currently the PMQ of Dec 16. 2005 on Foreigners (RS 142.20 ).
6 RS 101
7 Repealed by c. 13 of the Annex to the O of 12 Dec. 2008, with effect from 1 Er Jan 2009 ( RO 2008 6305 ).
8 Introduced by ch. I of the O of 14 Dec. 2007 ( RO 2008 51 ). New content according to the c. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 (RO) 2014 4461).
9 New content according to the c. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
10 Introduced by ch. 13 of the Annex to the O of 12 Dec. 2008, effective from 1 Er Jan 2009 ( RO 2008 6305 ).
1 The following authorities not granted to VOSTRA may obtain from VOSTRA an extract of the data necessary for the performance of the following tasks relating to judgments according to Art. 366, para. 1, 2, 3, let. A, b and d, and 3 Bis , CP: 1
|
In the performance of their legal duties within the meaning of s. 365, para. 2 CP; |
|
For the conduct of criminal proceedings; |
|
For the purposes of international legal assistance and extradition procedures; |
|
For the adoption and removal of tutelary measures 3 ; |
|
With a view to the adoption and lifting of measures of deprivation of liberty for the purposes of assistance; |
|
For the purposes of civilian and military security controls within the meaning of s. 2, para. 4, let. C, SIMA 5 ; |
|
For the conduct of pardon procedures; |
|
|
|
For the assessment of the risk of persons who may represent a danger to persons to be protected within the meaning of s. 22, para. 1, LMSI. |
|
For the purpose of granting or withdrawing authorisation to revisers, experts and revisers as well as for the purpose of providing measures against natural persons who work for review undertakings subject to State supervision. |
1bis Cantonal authority within the meaning of s. 316, para. 1 Bis , of the civil code 8 May request an extract of data relating to judgments under s. 366, para. 1, 2, 3, let. A, b and d, and 3 Bis , CP and current criminal proceedings for the purpose of verifying the applicants' suitability pursuant to s. 5, para. 6, of the order of 29 June 2011 on adoption 9 . 10
1ter The authorities not granted to VOSTRA may obtain, for the performance of the tasks set out in Art. 367, para. 2 Bis , CP, an excerpt of the judgments under s. 366, para. 1, 2, 3 and 3 Bis , CP. 11
2 The authorities shall send their written request to the Office for the Coordination of the Canton or OFJ. 12
1 New content according to the c. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
2 Since the entry into force of the PMQ of Dec. 2008 (Protection of the adult, the right of persons and the right of descent; RO 2011 725 ) On 1 Er January 2013: Cantonal authority for the protection of adults and children.
3 Since the entry into force of the PMQ of Dec. 2008 (Protection of the adult, the right of persons and the right of descent; RO 2011 725 ) On 1 Er Jan 2013: measures for the protection of adults and children.
4 Not applicable following the entry into force of the PMQ of Dec. 2008 (Protection of the adult, the right of persons and the right of descent; RO 2011 725 ) On 1 Er Jan 2013.
5 RS 120
6 Repealed by c. I of the O of 14 Dec. 2007, with effect from 15 Feb 2008 ( RO 2008 51 ).
7 Introduced by c. II of the O of 14 Nov 2012, in force since 1 Er Dec. 2012 ( RO 2012 6071 ).
8 RS 210
9 RS 211.221.36
10 Introduced by ch. II 2 of the annex to the O of 29 June 2011 (O on the adoption; RO 2011 3637 5195). New content according to the c. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 (RO) 2014 4461).
11 Introduced by ch. I 2 of O of 3 Dec. 2010 ( RO 2010 5971 , 2011 5195). New content according to the c. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 (RO) 2014 4461).
12 New content according to the c. II 2 of the Annex to the O of 29 June 2011 (O on adoption), in force since 1 Er Jan 2012 ( RO 2011 3637 ).
1 Extracts from the criminal record are issued, upon request, to the foreign authorities by the OFJ when an international convention, an international treaty or a formal law provides for it or that the requesting State grants reciprocity.
2 The DFJP may issue directives concerning the communication of extracts to foreign authorities.
1 The issue of extracts from the criminal record to individuals is the sole responsibility of the OFJ.
2 The individual must justify his or her identity.
3 The OFJ may issue an extract for a third party only with the written consent of the third party. 2
1 New content according to the c. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
2 New content according to the c. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
1 The extract for individuals contains, in any case, data relating to persons (Annex 1, c. 1), which are listed below:
2 If the criminal record contains a judgment that, in accordance with s. 371 CP, referred to in the extract for an individual, must be included in this extract of the data concerning judgments (Annex 1, c. 4) or data concerning subsequent decisions and implementing decisions (Annex 1, c. 5), which are as follows:
3 If the criminal record contains no judgment or judgment that should be mentioned in the extract for an individual, in accordance with s. 371 CP, the excerpt reads: does not appear in the criminal record.
1 New content according to the c. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
2 New content according to the c. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
3 Introduced by ch. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
1 Where the judgment does not contain a sanction within the meaning of s. 369 CP but contains a prohibition within the meaning of s. 67, para. 2, 3, or 4, or 67 B CP, or s. 50, para. 2, 3, or 4, or 50 B CPM 2 , the determinative period under s. 369 CP is ten years after its entry into force. Pursuant to Art. 371, para. 4, CP, the judgment ceases to appear on the extract for individuals five years after its entry into force. Art. 371, para. 5, CP is applicable.
2 Where the judgment does not contain a sanction within the meaning of s. 369 CP and no prohibition within the meaning of para. 1, but contains a prohibition within the meaning of s. 16 A DPMin 3 , the determinative period under s. 369 CP is seven years after its entry into force. Pursuant to Art. 371, para. 4, CP, the judgment appears on the extract for individuals three and a half years after its entry into force, if the conditions of s. 371, para. 2, CP are completed. Art. 371, para. 5, CP is applicable.
1 The issue of special extracts from criminal records to individuals within the meaning of s. 371 A CP is the exclusive jurisdiction of the OFJ.
2 The individual must justify his or her identity and submit the written confirmation referred to in s. 371 A , para. 2, CP.
3 The OFJ may issue a special extract for a third party only with the written consent of the third party.
1 Introduced by ch. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
1 The confirmation of the employer or organization requiring the production of a special extract must contain the following data in all cases:
2 By written confirmation, the employer or organisation certifies that the individual applies to him or her to a professional activity or to an organised non-professional activity involving regular contact with minors or others Persons who are particularly vulnerable, or carry out such activity, and must produce the special extract for the exercise or continuation of the activity concerned.
3 The confirmation is valid for three months from its establishment.
4 The OFJ checks the contents of the confirmations.
1 Introduced by ch. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
1 In any case, the special extract contains data concerning persons (Annex 1, c. 1) which are listed below:
2 If the criminal record contains a judgment that, in accordance with s. 371 A , para. 3, CP or para. 4 of this article, is mentioned in the special extract, in this extract all the data cited in art. 25, para. 2, and related to this judgment.
3 If the criminal record does not contain a judgment that must appear on the special extract in accordance with s. 371 A , para. 3, CP or para. 4 of this article, the special excerpt reads: "No prohibition of carrying on an activity, of prohibition of contact or of an ordered geographical prohibition to protect minors or particularly vulnerable persons registered".
4 Judgments which contain a prohibition on the exercise of an ordered profession on the basis of old provisions of the CP or the SPB 2 To protect minors or other particularly vulnerable persons are included in the special extract.
1 Introduced by ch. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
2 RS 321.0
1 The terms "professional activity" and "organised non-professional activity" are defined in Art. 67 A , para. 1, CP and s. 50 A , para. 1, CPM 2 .
2 Activities involving regular contact with minors or other particularly vulnerable persons are:
3 People are defined as particularly vulnerable within the meaning of s. 67, para. 2, CP of persons who cannot perform ordinary acts of life or fully determine their existence without the assistance of others because of their age, illness or physical or mental infirmity.
1 Introduced by ch. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
2 RS 321.0
1 Any person may apply to the OFJ if a registration is registered in VOSTRA. If this is the case, it may consult the entire registration; restrictions on the right of access within the meaning of s. 9 of the Federal Data Protection Act of 19 June 1992 (HPA) 1 Are reserved.
2 Any person who intends to assert his or her right of access must justify his or her identity and submit a written request.
3 Information is provided orally at the wicket. The competent service shall ensure that the data subject cannot consult the data directly on the screen or have a look at the different parts of the VOSTRA software. If the person is registered, they can consult a complete extract containing all the entries at the wicket. This written document cannot be issued to it.
4 If the data subject finds that the complete extract contains erroneous data, it can assert its claims within the meaning of s. 25 LPD.
1 In the field of data security, are applicable:
2 The connected authorities shall adopt, each within their competence, the necessary organisational and technical measures resulting from these texts.
3 The OFJ ensures that compliance with IT security measures is monitored by the connected authorities.
1 RS 172.010.58
2 RS 235.11
Each data processing in VOSTRA is journaled.
1 The OFJ charges a fee of 20 francs for the issue of an extract or special extract from the criminal record to an individual. 2
2 When several extracts concerning the same person are requested, the OFJ collects a fee of 20 francs per extract.
3 The fees paid shall not be refunded.
4 Included in the amount of the fee are disbursements relating to third-party benefits, the cost of benefits provided in respect of traffic in payments and recovery, and for transmission, Communication and execution of an order.
5 Moreover, the General Order of 8 September 2004 on emoluments 3 Is applicable.
1 New content according to the c. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
2 New content according to the c. I of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
3 RS 172.041.1
1 The Confederation funds the connection and operation of the data transmission circuits to a central connection device (main distributor) located in the capital of the canton.
2 The cantons shall bear the costs of installing and operating the distribution network on their territory.
3 Rated authorities bear the costs of acquiring and operating their equipment.
The processing for the purposes of research, planning and statistics of personal data recorded in VOSTRA is governed by Art. 22 LPD 1 .
1 The OFJ is competent to communicate the personal data recorded in VOSTRA, which are intended to be processed for research, planning or statistical purposes.
2 The OFJ transmits at regular intervals and electronically to the Federal Statistics Office the data of the VOSTRA needed to carry out its tasks.
The Order of 1 Er December 1999 on computerized criminal record 1 Is repealed.
1 [ RO 1999 3509 , 2000 2964, 2003 3669 Annex, c. 7,5267 annex, c. 1, 2004 4813 Annex, c. 9, 2006 939]
This order shall enter into force on 1 Er January 2007.
(art. 10, para. 1)
1 Update as per c. II al. 1 of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
(art. 11 A , para. 4)
1 Introduced by c. II al. 2 of the O of 19 Nov 2014, in force since 1 Er Jan 2015 ( RO 2014 4461 ).
(art. 8, para. 3 and 10, para. 2)
Data Field Name |
With direct access (online) |
Through the written route |
||||||||||||||
Federal Office of Justice Judicial Casier |
Criminal justice authorities |
Federal Police Office |
Military Justice |
Army Personnel (BCD 1) |
DPS Competent Service for Person Security Controls |
Confess-ration information service |
State Secretariat for Migration 2 Asylum |
State Secretariat for Migration Foreigners |
State Secretariat for Migration Naturalization |
Civil Service Executing Body |
Administrative authorities of the Confederation, which make criminal decisions |
Federal Office of Justice Mutual Legal Assistance |
Federal Security Service (FSS) and the Federal Review Supervisory Authority (ASR) |
Competent authorities for pardon |
Competent amnesty authorities |
|
1. Data for Individuals |
||||||||||||||||
Number assigned to data on individuals (n O Of successive systems) |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Name, birth name, given name |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
Old Names |
E |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Date, place, country of birth |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
Gender |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
Place of origin, nationality |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
Parents |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
Marital status, spouse or common-law partner |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
Address, home unknown, homeless |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
Note for internal use (additional information for the identification of persons) |
E |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Title of residence (foreign nationals) |
E |
E |
C |
E |
- |
C |
C |
C |
C |
C |
- |
C |
C |
C |
C |
- |
Reference to a possible judgment |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Indication of possible criminal proceedings in progress |
C |
C |
C |
C |
C |
C |
C |
C |
- |
C |
- |
C |
C |
- |
- |
- |
Mention of any pending application to a criminal record abroad |
C |
C |
C |
C |
- |
C |
C |
C |
C |
C |
- |
C |
C |
C |
C |
- |
Dates of first entry and last deployment |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
- |
2. False Identities Data |
||||||||||||||||
Name, first name |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
Date of birth |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
3. Data on current criminal proceedings |
||||||||||||||||
Number assigned to data concerning persons according to c. 1.1 |
C |
C |
C |
C |
C |
C |
C |
C |
- |
C |
- |
C |
C |
- |
- |
- |
Date of commencement of proceedings |
E |
E |
C |
E |
C |
C |
C |
C |
- |
C |
- |
E |
C |
- |
- |
- |
Competent procedure directorate |
E |
E |
C |
E |
C |
C |
C |
C |
- |
C |
- |
E |
C |
- |
- |
- |
Reference number used by the competent procedure directorate |
E |
E |
C |
E |
C |
C |
C |
C |
- |
C |
- |
E |
C |
- |
- |
- |
Offences against the accused |
E |
E |
C |
E |
C |
C |
C |
C |
- |
C |
- |
E |
C |
- |
- |
- |
4. Data on Judgments |
||||||||||||||||
Judgment Number (n O Of successive systems) |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Date of judgment, date of notification and entry into force, authority which ruled |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
Previous instance judgment date, previous instance |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
Reference number used by the authority that issued the judgment |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
Execution Township (Military Judgments) |
E |
C |
C |
E |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Contradictory, default, criminal mandate |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
Initial judgement, supplementary judgment, partially complementary judgment, overall sentence |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
Offence and commission mode |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
Blood alcohol levels |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
Offence date (date or period) |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
Type, duration or amount and form of execution (without or with suspension or partial relief) of the principal sentence |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
For pecuniary penalties, number of fines days and amount and currency of the day-fine |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
In the case of a partial suspended sentence, the total duration of the sentence, as well as the duration of the part of the suspended sentence |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
Amount of fine, currency, custodial sentence |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
Duration of the test period |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
Measure Sorter |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
For the prohibitions of carrying on an activity, the prohibitions of contact and the geographical prohibitions: content of the prohibition according to the operative part of the judgment, date of commencement of the prohibition, duration according to the operative part of the judgment, dates of a Possible interruption (start and end of the execution of a sentence or a measure, authority which records the data), the date on which the prohibition may resume, the foreseeable end date of the ban |
E |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Duration (in days) of pre-trial detention |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
Statement of possible conduct, probation assistance |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
Accessory Peines |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
Rules of sentencing |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
C |
- |
5. Data on subsequent decisions and enforcement decisions |
||||||||||||||||
Decision Number (n O Of successive systems) |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Date of decision, date of notification and entry into force |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
E |
N |
Authority that ruled |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
E |
N |
Decision Type |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
E |
N |
Release Date |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
E |
N |
Peine executed, not executed |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
E |
N |
Measure (High, Change, or New Measure) |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
E |
N |
Duration of extended test period |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
E |
N |
Mention of a possible rule of conduct or probation assistance |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
E |
N |
Warning |
C |
C |
||||||||||||||
Revoked, Not Revoked |
C |
C |
||||||||||||||
Reintegration, no reintegration |
C |
C |
||||||||||||||
Rest of the sentence |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
E |
N |
Sursis in the execution of the sentence pronounced later |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
E |
N |
Thanks and amnesty |
E |
E |
C |
E |
C |
C |
C |
C |
C |
C |
C |
E |
C |
C |
E |
N |
For prohibitions on carrying on an activity, contact prohibitions and geographical prohibitions: data cited in Annex 1, c. 4.17, indication of the prohibition to which the subsequent decision refers, new content according to the operative part of the decision, new duration, date of entry into force of the amendment, date of the lifting of the ban, accompanying measures |
E |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
- |
6. Data on applications to criminal records abroad |
||||||||||||||||
Data concerning persons according to c. 1 |
E |
E |
- |
E |
- |
- |
E |
E |
- |
- |
- |
- |
- |
- |
- |
|
Reason for request |
E |
E |
- |
E |
- |
- |
E |
E |
- |
- |
- |
- |
- |
- |
- |
|
Statement of possible detention |
E |
E |
- |
E |
- |
- |
E |
E |
- |
- |
- |
- |
- |
- |
- |
|
Applicant Authority, date of application |
E |
E |
- |
E |
- |
- |
E |
E |
- |
- |
- |
- |
- |
- |
- |
|
Invited Foreign Authority |
E |
E |
- |
E |
- |
- |
E |
E |
- |
- |
- |
- |
- |
- |
- |
1 New content according to the c. II 13 of Annex 4 to the O of 4 Dec. 2009 on the Federal Intelligence Service ( RO 2009 6937 ). Update according to the O of the O of 14 Nov 2012 (RO 2012 6071) and c. I 2 of O of 3 Dec. 2010, effective from 1 Er Jan 2013 (RO 2010 5971) and c. II al. 3 of the O of 19 Nov 2014, in force since 1 Er Jan 2015 (RO) 2014 4461).
2 The designation of the administrative unit has been adapted to 1 Er Jan. 2015 pursuant to Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ).
(art. 8, para. 3 and 10, para. 2)
Data Field Name |
With direct access (online) |
Through the written route |
|||||||||
Coordination Service |
Cantonal Criminal Justice Authority |
Cantonal Authority for the Execution of Penalties |
Cantonal authorities responsible for matters relating to aliens |
Naturalization authorities at the canton level |
Cantonal Road Traffic Office |
Competent authorities for the deprivation of liberty for assistance 4 |
Competent Authorities under SIMA 5 For security controls relating to persons |
Competent authorities for pardon |
Competent amnesty authorities |
||
1. Data for Individuals |
|||||||||||
Number assigned to data on individuals (n O Of successive systems) |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Data Field Name |
With direct access (online) |
Through the written route |
|||||||||
Coordination Service |
Cantonal Criminal Justice Authority |
Cantonal Authority for the Execution of Penalties |
Cantonal authorities responsible for matters relating to aliens |
Naturalization authorities at the canton level |
Cantonal Road Traffic Office |
Guardianship authorities and adoption authorities |
Competent authorities for the deprivation of liberty for assistance |
Competent Authorities under SIMA for Security Controls on Persons |
Competent authorities for pardon |
Competent amnesty authorities |
|
Name, birth name, given name |
E |
E |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Old Names |
E |
C |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Date, place, country of birth |
E |
E |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Gender |
E |
E |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Place of origin, nationality |
E |
E |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Parents |
E |
E |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Marital status, spouse |
E |
E |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Address, home unknown, homeless |
E |
E |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Note for internal use (additional information for the identification of persons) |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Title of residence (foreign nationals) |
E |
E |
C |
C |
C |
- |
C |
C |
C |
C |
- |
Reference to a possible judgment |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Indication of possible criminal proceedings in progress |
C |
C |
C |
- |
C |
- |
- |
- |
C |
- |
- |
Mention of any pending application to a criminal record abroad |
C |
C |
C |
C |
C |
- |
C |
C |
C |
C |
- |
Dates of first entry and last deployment |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
- |
2. False Identities Data |
|||||||||||
Name, first name |
E |
E |
E |
C |
C |
C |
C |
C |
C |
C |
- |
Date of birth |
E |
E |
E |
C |
C |
C |
C |
C |
C |
C |
- |
3. Data on current criminal proceedings |
|||||||||||
Number assigned to data concerning persons according to c. 1.1 |
C |
C |
C |
- |
C |
- |
- |
- |
C |
- |
- |
Date of commencement of proceedings |
E |
E |
C |
- |
C |
- |
- |
- |
C |
- |
- |
Competent procedure directorate |
E |
E |
C |
- |
C |
- |
- |
- |
C |
- |
- |
Reference number used by the competent procedure directorate |
E |
E |
C |
- |
C |
- |
- |
- |
C |
- |
- |
Offences against the accused |
E |
E |
C |
- |
C |
- |
- |
- |
C |
- |
- |
4. Data on Judgments |
|||||||||||
Judgment Number (n O Of successive systems) |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Date of judgment, date of notification and entry into force, authority which ruled |
E |
E |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Previous instance judgment date, previous instance |
E |
E |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Reference number used by the authority that issued the judgment |
E |
E |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Execution Township (Military Judgments) |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Contradictory, default, criminal mandate |
E |
E |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Initial judgement, supplementary judgment, partially complementary judgment, overall sentence |
E |
E |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Offence and commission mode |
E |
E |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Blood alcohol levels |
E |
E |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Offence date (date or period) |
E |
E |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Type, duration or amount and form of execution (without or with suspension or partial relief) of the principal sentence |
E |
E |
C |
C |
C |
C |
C |
C |
C |
C |
- |
For pecuniary penalties, the number of fines days and the amount of the fine and the currency |
E |
E |
C |
C |
C |
C |
C |
C |
C |
C |
- |
In the case of a partial suspended sentence, the total duration of the sentence, as well as the duration of the part of the suspended sentence |
E |
E |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Amount of fine, currency, custodial sentence |
E |
E |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Duration of the test period |
E |
E |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Measure Sorter |
E |
E |
C |
C |
C |
C |
C |
C |
C |
C |
- |
For the prohibitions of carrying on an activity, the prohibitions of contact and the geographical prohibitions: content of the prohibition according to the operative part of the judgment, date of commencement of the prohibition, duration according to the operative part of the judgment, dates of a Possible interruption (start and end of the execution of a sentence or a measure, authority which records the data), the date on which the prohibition may resume, the foreseeable end date of the ban |
C |
C |
C |
E |
C |
C |
C |
C |
C |
C |
C |
Duration (in days) of pre-trial detention |
E |
E |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Statement of possible conduct, probation assistance |
E |
E |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Accessory Peines |
E |
E |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Rules of sentencing |
E |
E |
C |
C |
C |
C |
C |
C |
C |
C |
- |
5. Data on subsequent decisions and enforcement decisions |
|||||||||||
Decision Number (n O Of successive systems) |
C |
C |
C |
C |
C |
C |
C |
C |
C |
C |
- |
Date of decision, date of notification and entry into force |
E |
E |
E |
C |
C |
C |
C |
C |
C |
E |
N |
Authority that ruled |
E |
E |
E |
C |
C |
C |
C |
C |
C |
E |
N |
Decision Type |
E |
E |
E |
C |
C |
C |
C |
C |
C |
E |
N |
Decision Date |
E |
E |
E |
C |
C |
C |
C |
C |
C |
E |
N |
Peine executed, not executed |
E |
E |
E |
C |
C |
C |
C |
C |
C |
E |
N |
Measure (High, Change, or New Measure) |
E |
E |
E |
C |
C |
C |
C |
C |
C |
E |
N |
Duration of extended test period |
E |
E |
E |
C |
C |
C |
C |
C |
C |
E |
N |
Mention of a possible rule of conduct or probation assistance |
E |
E |
E |
C |
C |
C |
C |
C |
C |
E |
N |
Warning |
E |
E |
E |
C |
C |
C |
C |
C |
C |
E |
N |
Revoked, Not Revoked |
E |
E |
E |
C |
C |
C |
C |
C |
C |
E |
N |
Reintegration, no reintegration |
E |
E |
E |
C |
C |
C |
C |
C |
C |
E |
N |
Rest of the sentence |
E |
E |
E |
C |
C |
C |
C |
C |
C |
E |
N |
Sursis in the execution of the sentence pronounced later |
E |
E |
C |
C |
C |
C |
C |
C |
C |
E |
N |
Thanks and amnesty |
E |
C |
C |
C |
C |
C |
C |
C |
C |
E |
N |
For prohibitions on carrying on an activity, contact prohibitions and geographical prohibitions: data cited in Annex 1, c. 4.17, indication of the prohibition to which the subsequent decision refers, new content according to the operative part of the decision, new duration, date of entry into force of the amendment, date of the lifting of the ban, accompanying measures |
C |
C |
C |
E |
C |
C |
C |
C |
C |
C |
C |
6. Data on applications to criminal records abroad |
|||||||||||
Data concerning persons according to c. 1 |
E |
E |
E |
E |
- |
- |
- |
- |
- |
- |
- |
Reason for request |
E |
E |
E |
E |
- |
- |
- |
- |
- |
- |
- |
Statement of possible detention |
E |
E |
E |
E |
- |
- |
- |
- |
- |
- |
- |
Applicant Authority, date of application |
E |
E |
E |
E |
- |
- |
- |
- |
- |
- |
- |
Invited Foreign Authority |
E |
E |
E |
E |
- |
- |
- |
- |
- |
- |
- |
1 New content according to the c. II of the O of 14 Dec. 2007 ( RO 2008 51 ). Update as per c. II al. 3 of the O of 19 Nov 2014, in force since 1 Er Jan 2015 (RO) 2014 4461).
2 Since the entry into force of the PMQ of Dec. 2008 (Protection of the adult, the right of persons and the right of descent; RO 2011 725 ) On 1 Er Jan 2013: adult and child protection authority.
3 New expression according to c. II of the annex to the O of 29 June 2011 (O on adoption), in force since 1 Er Jan 2012 ( RO 2011 3637 ). This mod has been taken into account. Throughout this text.
4 This column is not applicable as a result of the entry into force of the PMQ of Dec. 2008 (Protection of the adult, the right of persons and the right of descent; RO 2011 725 ) On 1 Er Jan 2013.
5 RS 120