This order applies to a computerized criminal record (VOSTRA) within the meaning of s. 365 to 371 A CP, including the following: ¹

A.

The responsible authority;

B.

The data to be entered, the right to process data and the date on which it is to be recorded;

C.

Elimination of data;

D.

Participating authorities, as well as their obligations to register, communicate and other collaborative duties;

E.

Communication of data;

F.

The right of access of the persons concerned;

G.

Data security and technical specifications;

H.

Emoluments and distribution of costs;

I.

The use of VOSTRA data for research, planning and statistical purposes.

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:

A.

Convictions handed down by the criminal, civil and military authorities as a result of a crime or an offence provided for by the CP, the Military Penal Code of 13 June 1927 (CPM) ¹ Other federal statutes, other than the convictions referred to in s. 9, let. B;

B.

Acquittals issued by the criminal, civil and military authorities following open proceedings as a result of a crime or an offence provided for by CP, the SPB or other federal laws, if an action has been ordered; Acquittals referred to in s. 9, let. C;

C.

Convictions for contraventions provided by CP, the SPB or other federal statutes:

1.

When a fine of more than 5000 francs or a general interest of more than 180 hours is pronounced,

2.

Where the federal legislation applicable in this case confers on the authority which decides in the case a right or an express obligation to pronounce, in the event of a repeat offence, a fine of a specified minimum amount or, in addition to a fine, a pecuniary penalty or A custodial sentence, or

3. ²

Where a prohibition on carrying on an activity, a prohibition of contact or a geographical prohibition are pronounced;

D.

Convictions as a result of contraventions, including the whistle. C does not require registration, when they are part of a judgment to be registered;

E.

Judgments delivered abroad against Swiss, which are communicated to the OFJ 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 the conditions of registration applicable under CP are met (s. 366, para. 1 and 2, let. (c) and this order to comparable Swiss judgments.

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 The registration of judgments in VOSTRA includes the following sanctions:

A.

The principal penalties;

B.

Ancillary penalties;

C.

The custodial sentence imposed by the court in the judgment (art. 106, para. 2, CP and 60 C , para. 2, CPM ¹ );

D.

Therapeutic measures and internment (art. 59-61, 63 and 64 CP);

E.

Preventive security (art. 66 CP);

F. ²

Prohibitions on carrying on an activity (s. 67 CP and s. 50 CPM), contact prohibitions and geographical prohibitions (art. 67 B CP and art. 50 B CPM);

G.

Prohibition of driving (art. 67 B CP and 50 A ^Bis CPM);

H.

Degradation (art. 35 CPM);

I.

Exclusion of the army (art. 48 and 49 CPM).

² The registration of the penalties imposed on minors is governed by Art. 366, para. 3 and 3 ^Bis , CP. ³

The following subsequent decisions are recorded in VOSTRA, which result in a change in the entries contained in VOSTRA:

A.

The revocation or non-revocation of the suspension or partial stay of the sentence; must also be registered the consequences of revocation or non-revocation: the overall penalty, the warning, the extension of the deadline Probation, probation and rules of conduct (art. 46 and 95 CP, 40 CPM ¹ And 35, para. 2, DPMin ² In relation to Art 31 DPMin);

B.

The replacement of one sanction by another, ordered by a court within the meaning of s. 62 C , para. 3, 4 and 6, 63 B , para. 5, 65, para. 1 and 2, CP and 32, para. 4 DPMin;

C. ³

For prohibitions on carrying on an activity, contact prohibitions and geographical prohibitions:

1.

Lifting the ban (art. 67 C , para. 4 to 6, CP, s. 19 DPMin, art. 50 C , para. 4 to 6, CPM),

2.

Limiting the scope or duration of the prohibition (art. 67 C , para. 4 and 5, CP, s. 18 DPMin, art. 50 C , para. 4 and 5, CPM),

3.

Extension of the scope of the prohibition (art. 67 D , para. 1, CP, s. 18 DPMin, art. 50 D , para. 1, CPM),

4.

An additional prohibition or the subsequent issuance of a prohibition (art. 67 D , para. 1 and 2, CP, s. 18 and 19, para. 4, DPMin, art. 50 D , para. 1 and 2, CPM),

5.

The extension of the prohibition (art. 67, para. 6, and 67 B , para. 5, CP, s. 18 DPMin, art. 50, para. 6, and 50 B , para. 5, CPM),

6.

The decision to order or waive probation assistance (s. 67 C , para. 7, CP, s. 50 C , para. 7, CPM).

¹ Are registered in VOSTRA the following decisions concerning the enforcement of sentences or measures:

A.

Decisions of the competent authority or court according to the following provisions:

1.

CC: s. 62, para. 1 to 4, 62 A , para. 1 to 3 and 5, 62 C , para. 1 to 4, 63 A , para. 2, 63 B , para. 2, 4 and 5, 64 A , para. 1 to 3, 95, para. 4 and 5, 86 (including the conditional release of a custodial sentence in place of another sanction), 87 and 89, para. 2,

2.

Of DPMin ² : art. 18, 19, 28, para. 1, 29, para. 1 to 3 and 31, para. 1 to 3;

B.

Grace and amnesty.

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

Are registered in VOSTRA:

A.

Persons, against whom a criminal procedure for crime or offence under federal law is pending in Switzerland, with the reference to:

1.

The identity of the accused,

2.

The date of commencement of the criminal proceedings,

3.

The management of the competent procedure (including reference number),

4.

Offences that are charged to the accused;

B.

Significant changes to the elements mentioned in the letter, in particular the transfer of a procedure and the modification of the indictment.

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:

A.

Judgments given as a result of offences against criminal norms of cantonal law;

B.

Convictions for which there is an exemption from punishment;

C.

Acquittals which only provide for the publication of the judgment, (Art. 68 CP and 50 B CPM ¹ ), confiscation (art. 69 to 72 CP and 51 to 52 CPM) or the allowance for the injured party (art. 73 CP and 53 SPB);

D.

Contraventions, with the exception of those referred to in s. 3, para. 1, let. C and d;

E.

Decisions:

1.

Converting a pecuniary penalty or fine to work of general interest or a penalty of deprivation of liberty,

2.

Converting a work of general interest into a monetary penalty, a fine or a penalty of deprivation of liberty;

3. ²

Converting a personal benefit to a fine or deprivation of liberty,

4. ³

Converting a fine to a personal benefit or a deprivation of liberty,

5. ⁴

Converting a deprivation of liberty into a personal benefit;

F.

Disciplinary penalties and disciplinary penalties;

G.

Costs resulting from a judgment.

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 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:

A.

The personal data necessary to verify the identity of the applicant and its location;

B.

The order data;

C.

Data concerning the processing of the order;

D.

Data on fees and payments;

E.

Data concerning the sending of the export;

F.

The data concerning the confirmation referred to in s. 371 A , para. 2, CP.

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 Must be immediately removed from VOSTRA:

A. ¹

Recordings made in the cases referred to in s. 369 and 369 A CP;

B.

Registration of persons whose authority has announced the death;

C.

Annulled judgments;

D.

Pending proceedings which are closed by a classification order or by judgment;

E.

Requests for extracts from a foreign criminal record as soon as they have been satisfied.

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 The OFJ records in VOSTRA the following data:

A.

Those that are communicated by non-connected federal authorities;

B.

Judgments delivered outside Canada within the meaning of s. 3, para. 1, let. E;

C. ¹

Judgments that contain a prohibition on carrying out an activity, a contact ban or a geographical prohibition;

D. ²

Subsequent decisions within the meaning of s. 5, let. C.

² It processes requests for excerpts from VOSTRA listed below:

A.

Those that originate from individuals;

B.

Those that emanate from unconnected federal authorities;

C.

Those that come from foreign authorities.

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 The coordination services of the cantons have the following tasks:

A. ¹

They record in VOSTRA the current criminal proceedings, the judgments, the subsequent decisions and the enforcement decisions of the cantonal authorities not connected to VOSTRA, with the exception of the cases referred to in Art. 13, para. 1, let. C and d;

B.

Establish the VOSTRA extracts for the cantonal authorities that are not connected;

C.

They are the respondents to the OFJ in respect of compliance with the provisions of CP dealing with the criminal record, those of this order and the directives relating thereto;

D.

They assist the OFJ in controlling the processing of the data it performs.

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.

The Military Justice Coordination Service has the following tasks:

A. ¹

It registers in VOSTRA the current criminal proceedings, the judgments, the subsequent decisions and the enforcement decisions of the military justice authorities not connected to VOSTRA, with the exception of the cases referred to in Art. 13, para. 1, let. C and d;

B.

Establishes VOSTRA extracts for military justice authorities that are not connected;

C.

It is the respondent of the OFJ in respect of compliance with the provisions of CP dealing with the criminal record, those of this order and the directives relating thereto;

D.

It assists the OFJ in controlling the processing of the data it performs.

¹ The following authorities seize the data in VOSTRA, to the extent that they are connected:

A.

The criminal justice authorities, including the administrative authorities of the Confederation and the cantons which make a criminal offence under federal law;

B.

The military justice authorities;

C.

The enforcement authorities.

² Exceptions are the cases referred to in s. 13, para. 1, let. C and d. ¹

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 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

A. ³

Prevention of offences according to art. 2, para. 1 and 2, of the Federal Act of March 21, 1997 establishing measures for the maintenance of domestic security (SIMA) ⁴ , as long as it falls within its field of competence;

B.

Preliminary investigations into offences within the meaning of s. 336 and 337 CP;

C.

The execution of criminal proceedings (judicial police investigations) concerning offences within the meaning of s. 336 and 337 CP;

D.

Transmission of information to Interpol:

1.

In the course of ongoing criminal investigations,

2.

In the course of preliminary investigations into offences within the meaning of s. 336 and 337 CP,

3.

For the prevention of offences within the meaning of Art. 2, para. 1 and 2, SIMA;

E.

Statutory audit of the computerized system of the Federal Judicial Police (Janus);

F.

Management of the Office of Money Laundering Communications;

G.

Adoption and removal of removal orders against foreigners under the Federal Act of 26 March 1931 on the residence and establishment of aliens ⁵ And preparation of expulsion decisions under s. 121, para. 2, of the Constitution ⁶ ;

H.

Transmission of information to the European Police Office under Art. 355 A CP, to the extent that Europol must be able to dispose of this data for the purposes provided for in the let. A and b;

I. ⁷

...

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

A.

Prevention of offences under s. 2, para. 1 and 2, SIMA, provided that it falls within its field of jurisdiction;

B.

Transmission of information to the European Police Office (Europol) within the meaning of Art. 355 A CP, provided that this data is necessary for Europol for the purposes set out in the let. A;

C.

Examination of expulsion measures against foreigners in accordance with the Federal Act of 16 December 2005 on Foreigners as well as preparation of expulsion decisions according to Art. 121, para. 2, of the Constitution;

D.

Transmission of information to foreign authorities responsible for security in the context of requests for compliance (requests for clearing); data whose transmission does not satisfy the interest of the data subject cannot be Communicated to other recipients only with the consent of that person. ¹⁰

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

^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 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 The extract for individuals contains, in any case, data relating to persons (Annex 1, c. 1), which are listed below:

1.

Name, birth name, first name (c. 1.2);

2.

Date of birth (c. 1.4);

3.

Place of origin, nationality (c. 1.6);

4.

Address (c. 1.10).

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:

1.

Date of judgment, date of notification and entry into force, authority which has ruled (c. 4.2);

2.

Date of the previous instance judgment, previous instance (c. 4.3);

3.

Initial judgment, complementary judgment, partially complementary judgment, set sentence (c. 4.7);

4.

Offence and commission mode (c. 4.8);

5.

Type, duration or amount and form of execution (without or with partial relief or partial relief) of the principal sentence (c. 4.11);

6.

For monetary penalties, the number of fines days and the amount and currency of the day-fine (c. 4.12);

7.

In the case of a partial suspended sentence, the total length of the sentence, and the duration of the suspended sentence (c. 4.13);

8.

Amount of the fine, currency, custodial sentence (c. 4.14);

9.

Duration of the test period (ch. 4.15);

10.

Sort of measure (ch. 4.16);

11. ²

For prohibitions of carrying on an activity, prohibitions of contact and geographical prohibitions: content of the prohibition according to the operative part of the judgment, without the name of the person (s) with whom the contact is prohibited, date of commencement The prohibition, duration according to the operative part of the judgment, dates of a possible interruption (beginning and end of the execution of a sentence or a measure), the date on which the prohibition may start to run again and the foreseeable end of Prohibition (c. 4.17);

12.

Mention of a possible driving rule, probation assistance (c. 4.19);

13.

Ancillary penalties (c. 4.20);

14.

Date of decision (c. 5.2);

15.

Authority that has ruled (c. 5.3);

16.

Type of decision (c. 5.4);

17.

Release date (ch.5.5);

18.

Sentence executed, not executed (c. 5.6);

19.

Measure (waiver, change or new measure) (c. 5.7);

20.

Duration of the test period (ch. 5.8);

21.

Mention of a possible rule of conduct or probation assistance (c. 5.9);

22.

Warning (ch. 5.10);

23.

Revoked, not revoked (c. 5.11);

24.

Reintegration, no reinstatement (c. 5.12);

25.

Rest of the sentence (c. 5.13);

26.

Suspension of the execution of the later sentence (c. 5.14);

27.

Pardon and amnesty (ch. 5.15);

28. ³

For prohibitions of carrying on an activity, prohibitions of contact and geographical prohibitions: data cited in c. 11, indication of the prohibition to which the subsequent decision refers, new content according to the operative part of the decision, without the name of the person or persons with whom the contact is prohibited, new duration, date of entry into force of the Amendment, date of lifting of prohibition, accompanying measures (c. 5.16).

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 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 The confirmation of the employer or organization requiring the production of a special extract must contain the following data in all cases:

A.

Name, address, telephone number and e-mail address of the employer or organization;

B.

Name and signature of an individual who is dependent on the employer or organization and who is involved in the engagement process;

C.

Date of establishment of the confirmation;

D.

Name, first name and date of birth of the individual;

E.

The individual's activity with the employer or organization.

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 In any case, the special extract contains data concerning persons (Annex 1, c. 1) which are listed below:

A.

Name, birth name, first name (c. 1.2);

B.

Date of birth (c. 1.4);

C.

Place of origin, nationality (c. 1.6);

D.

Address (c. 1.10).

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 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:

A.

Activities carried out specifically in direct contact with minors or other particularly vulnerable persons, in particular:

1.

Teaching,

2.

Education and advice,

3.

Support and monitoring,

4.

Care,

5.

Physical examinations and treatments,

6.

Psychological examinations and treatments,

7.

Restore,

8.

Transport,

9.

Direct sale and lending of objects intended specifically for minors or other particularly vulnerable persons, as well as direct intermediary activity in such sales or loans, if that is the principal activity of the person Concerned;

B.

Other activities carried out primarily or regularly in institutions that offer the benefits referred to in the whistle. A, with the exception of those for which it is certain, because of their location or schedule, that they may not involve Contacts with minors or other particularly vulnerable persons.

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 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:

A.

The September 26, 2003 Order on Informatics in the Federal Government ¹ ;

B.

The Order of 14 June 1993 on the Federal Data Protection Act ² .

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.

Each data processing in VOSTRA is journaled.

¹ The computerised infrastructure of the cantons must comply with the specifications for the information and communication technology of the Confederation.

² The DFJP rules the terms and conditions in guidelines.

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 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.

This order shall enter into force on 1 ^Er January 2007.