Key Benefits:
19 March 2004 (State on 13 June 2006)
This Act sets out the arrangements for the sharing, between the cantons, the Confederation and the foreign states, of confiscated heritage objects and values and countervailing claims (confiscated heritage values).
1 This Law shall apply to the division between the cantons and the Confederation of heritage values ordered forfeited under federal criminal law, with the exception of those confiscated under the military penal code of 13 June 1927 1 And the Law of 20 June 2003 on the transfer of cultural property 2 .
2 It also regulates, in the case of international assistance in criminal matters, the sharing, between Switzerland and foreign States, of heritage values which are confiscated under Swiss law or which are subject to confiscation or confiscation. A similar measure under foreign law.
A procedure for sharing according to art. 4 to 10 is committed if the gross amount of the confiscated property values is greater than or equal to 100 000 francs.
1 Confiscated heritage values are subject to division after deduction of the following expenses, if they are expected to be reimbursed:
2 Confiscated heritage values that are allocated to aggrieved persons under s. 60, para. 1, let. B and c of the Penal Code 1 .
1 The net amount of confiscated property values is allocated as a result of:
2 If the Confederation and one canton have conducted the criminal procedure each for a part, the 5 / 10 Referred to in para. 1, let. A, is divided equally among themselves.
3 The township in which the heritage values are located for the purpose of performing a countervailing claim (s. 59, c. 2, para. 3, of the Penal Code 1 ) Shall be assimilated to the canton where the confiscated heritage values are situated to the extent that the proceeds from their production are used to cover the compensatory claim. The 2 / 10 Of the countervailable debt that has been secured outside of the sequestered values shall be distributed among the other communities in proportion to the shares allocated to each of them.
4 The cantons concerned and the Confederation may enter into agreements between them, within the limits of their shares, derogating from paras. 1 to 3.
1 The cantonal or federal authorities shall, within the ten-day period, communicate the final confiscation orders to the Federal Office of Justice (Office), unless the gross amount of the confiscated property values is manifestly Less than 100,000 francs (art. 3).
2 Within the period specified by the Office, they shall provide the information necessary for sharing, in particular the list of costs and allowances for damages (Art. 4) and that of the communities to be expected to participate in the division (s. 5).
3 The Office gives instructions for the disposal of confiscated heritage values.
4 It shall specify a time limit for the authorities of the cantons concerned and, in federal cases, the Federal Ministry of the Confederation or the competent federal administrative authority to submit their observations.
5 Where the gross amount of confiscated property values exceeds 10 million francs, the Office shall require the opinion of the Federal Administration of Finance.
6 It makes a decision indicating the amount to be paid to the cantons concerned and to the Confederation.
7 The procedure is governed by the Federal Act of 20 December 1968 on the administrative procedure 1 .
1 The legal remedies are governed by the general provisions of the federal procedure. 1
2 The cantons concerned have the right to use them.
Once the decision to share is final, the Office proceeds to the payment of the amounts to the cantons concerned and to the Confederation.
When, after sharing, the confiscation order is amended and provides for the total or partial restitution of the confiscated heritage values, the canton of judgment, or the Confederation in cases decided by the authorities May require communities benefiting from sharing the return of the values they have received on the basis of the assessed contributions to each of them.
1 The cantonal or federal authorities shall make available to the Office the amount of the costs or allowances to which they have received the reimbursement (Art. 4) as well as the amount saved on the costs of carrying out the sentences (art. 4, para. 1, let. (c) as soon as the amount recovered or saved exceeds 10,000 francs.
2 The Office shares these amounts in accordance with the decision made pursuant to Art. 6, para. 6.
1 The Confederation may enter into agreements on the sharing of confiscated heritage values:
2 When Switzerland confiscating heritage values in a criminal procedure carried out in cooperation with a foreign state, it can generally only share them with it if reciprocity is guaranteed.
3 This Law shall not confer on foreign States any right to demand a share of confiscated heritage values.
1 The cantonal or federal authorities shall inform the Office as soon as a division with a foreign state enters into consideration in the framework or with a view to confiscation.
2 The Office shall conduct negotiations with the foreign authorities with a view to concluding a sharing agreement. It shall, in advance, consult the competent authorities of the cantons concerned and, in federal cases, the Public Prosecutor's Office of the Confederation or the competent federal administrative authority and shall inform the competent Directorate of the Department Federal Foreign Affairs.
3 The sharing agreement sets out the sharing arrangements and the allocation key. In general, the values are shared equally between Switzerland and the foreign state. It is, however, possible to deviate from this key, or even to return all confiscated heritage values to the foreign state, for reasons based, in particular, because of the nature of the offence, the place where the values are located Heritage, the importance of participation in the investigation of the foreign state, as well as the uses between Switzerland and the foreign state, the guarantee of reciprocity, the international context or the extent of the damage to the interests of the State Foreign.
1 The Office enters into the sharing agreement. When the gross amount of confiscated or confiscated heritage values exceeds 10 million francs, it requires the approval of the Federal Department of Justice and Police, which preconsults the Federal Department of Finance.
2 In cases of political importance, the Office shall seek the advice of the competent Directorate of the Federal Department of Foreign Affairs before the conclusion of the Agreement.
3 Where the Swiss authorities are competent to confiscate the heritage values, the Office must first obtain the agreement of the cantonal or federal authorities concerned. In the event of a dispute, the Federal Council shall decide definitively.
1 The heritage values subject to the sharing agreement and in Switzerland shall be returned to the Office, which shall transfer the share to the foreign State. It may also ask the cantonal authorities to transfer the share directly to the foreign state.
2 Where the heritage values are located abroad, the Swiss share under the sharing agreement shall be paid to the Office.
1 Where the heritage values have been confiscated in Switzerland by the Swiss authorities, Switzerland's share under the sharing agreement shall be allocated pursuant to Art. 5.
2 If the confiscation was ordered by a foreign State, the 5 / 10 Referred to in s. 5, para. 1, let. A, shall be distributed equally among all the cantons which have been entrusted with investigations into the execution of a request for mutual assistance or extradition or which have spontaneously transmitted to the foreign authority of the means of evidence and the Confederation in The participation of a federal authority other than the Office.
3 If the heritage values are located abroad, the 2 / 10 Referred to in s. 5, para. 1, let. C, is distributed among the other communities in proportion to the quota allocated to each of them.
4 The Office decides on the distribution of the Swiss share under the sharing agreement. Art. 4 and 6 to 10 shall apply mutatis mutandis.
The amendment to the existing law is set out in the schedule.
1 If the confiscation order has become final after the entry into force of this Law, the internal sharing of confiscated property values shall be governed by this Law (chap. 2).
2 If the agreement for the sharing of confiscated heritage values is signed after the entry into force of this Law, the international division shall be governed by this Law (chap. 3), even if the confiscation order was already final at the time of its entry into force.
(art. 16)
The following laws are amended as follows:
Article 59, para. 8
...
Art. 74a, para. 7
...
Article 93, para. 2
...
Art. 38
...
Art. 39
...
Article 52, para. 2
...
Art. 17
...
Article 13, para. 2
...
1 RS 311.0 The modifications mentioned below are inserted in the said Code.
2 Currently " art. 344 A ".
3 Currently " art. 374, para. 4 ".
4 RS 351.1 The amendments mentioned below are inserted in the said Act.
5 RS 514.51 The amendments mentioned below are inserted in the said Act.
6 [RO 1960 585, 1983 1886 art. 36 hp. 2, 1987 544, 1993 901 Annex c. 9, 1994 1933 art. 48 hp. 1, 1995 4954, 2002 3673 Art. 17 hp. 3. RO 2004 4719 Annex, c. I 1]
7 On the entry into force of the Act of 21 March 2003 on nuclear energy (LENu, FF 2003 3242 ), art. 97 LENu will have the content of this amendment.
8 On the entry into force of the Act of 21 March 2003 on nuclear energy (LENu, FF 2003 3242 ), art. 98 LENu will have the content of this amendment.
9 RS 941.31 The amendment mentioned below is inserted in the said Act.
10 RS 946.202 The amendment mentioned below is inserted in the said Act.
11 RS 946.231 The amendment mentioned below is inserted in the said Act.
