Federal Act of 19 March 2010 on the Organisation of the Federal Justice Authorities
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Abbreviation
:
CJAA
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Provision
:
Art. 63 CJAA Arts 3 - 6 Regulation of the Federal Criminal Court on principles of information
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Short description
:
Publication of court decisions (PatC)
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Nature of the provision
:
Obligation to publish data
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Status
:
In force
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Sector
:
Administration (government), law and justice
Legal text :
1 The Federal Criminal Court shall inform the public of its precedents.
2 Its decisions shall in principle be published in anonymous form.
3 The Federal Criminal Court shall issue a regulation on the principles of information.
4 It may order the accreditation of court reporters.
Federal Criminal Court Principles of Information Regulation
Article 3 Principle
1 The Court shall inform the public of its precedents (Article 63, para. 1, CJAA) mainly by regular publication of its decisions on the Internet and by drawing up an official compendium containing a selection of landmark rulings (TPF; Decisions of the Swiss Federal Criminal Court).
2 If its proceedings are public, the Court shall give information first by verbal notification of the judgment in accordance with Article 84 paras. 1 and 3 of the Swiss Criminal Procedure Code (CrimPC).
3 Judgments may be inspected at the Court Chancellery for 30 days from service and from lifting of the embargo. Where federal acts contains different access provisions from this regulation, they shall be reserved.
4 On the administration of justice, the Court shall inform the public mainly in the event of important changes in its organisation or staff.
5 The dates and subjects of public hearings shall be communicated via the Internet.
6 In special cases, the Court shall also give information through press releases or, exceptionally, press conferences.
Article 4 Database of decisions
1 In principle, the Court shall publish all its final decisions in its database, accessible on the Internet. Other decisions shall only be published if in the public interest.
2 Decisions can be inspected in their entirety, subject to the anonymisation requirements of Article 6.
Access to the database shall be free of charge.
Article 5 Official compendium of the Court’s decisions
1 The Court shall publish an official compendium of decisions which have entered into force and are of significant legal significance.
The following principles shall apply:
a. a summary of contents (headnote) in the three official languages shall appear at the top of each decision;
b. the essential elements of the situation of fact necessary to understand the legal considerations shall be summarised;
c. only the important legal considerations shall be published.
3 The official compendium “Decisions of the Swiss Federal Criminal Court (FCC)” shall be made available free of charge on the Internet; the printed version shall be available for a fee.
Article 6 Anonymisation
1 The Court shall in principle publish its decisions in anonymous form (Article 63 para. 2 CJAA).
2 The parties’ names may exceptionally be published when the public interest outweighs the private interests of the parties, mainly when the case is notorious (“cause célèbre”) and the names are, in any case, already known to the public.
3 The General Secretariat shall specify the details of anonymisation, responsibilities and procedure in its internal directives.
Actor with an obligation to share data
Courts
Beneficiaries
All
Linking criteria for Switzerland
Linking criteria for Switzerland
Financial aspects
Free access; special conditions may apply for specific requests
Binding and/or enforceable
No enforceable claim
Conditions for accessing data
None
Exceptions and limitations
In principle, decisions are published in an anonymous manner.
Static data
Format
Not specified
Plateform
https://www.bstger.ch/en/home/index
Compilation and Disclaimer
This index was prepared on behalf of the IPI by the law firm id est avocats Sàrl (for the section on Swiss law) and the law firm Pierstone (for the section on European law).
This index does not constitute legal advice, and no guarantee is given regarding its completeness.
Neither id est avocats Sàrl, nor Pierstone, nor the IPI or the FDJP can be held liable for any decisions or actions taken on the basis of this index.