Summary penalty orders and other orders
The principle of freedom of information not only guarantees proper and lawful treatment for parties to criminal proceedings, but also allows the general public to follow the proceedings.
Official public notice must be given of a judgment in a criminal case unless it is given at a public hearing. This applies to summary penalty orders and abandonment of proceedings and no-proceedings orders from the Office of the Attorney General of Switzerland (OAG), because these are issued directly by the OAG and not as part of a criminal trial.
However, freedom of information does not mean that persons who are not parties to the proceedings have an unrestricted right of access to all summary penalty orders or abandonment and no-proceedings orders issued by the OAG. The interest of the person requesting access must in each case be weighed against any special interests of the judicial authorities or third parties concerned in preserving secrecy. Requests for access cannot be allowed to jeopardise the smooth running of the criminal justice system.
The OAG assesses each request. If there are special interests in preserving secrecy that outweigh the right to access, the applicant will be notified of this in the application process.
The summary penalty orders issued by the Office of the Attorney General of Switzerland are freely accessible. There is no need to claim any special interest in having access.
However, please note that special rules apply to access to files relating to jihadist terrorism (for further information, see the end of this page).
How, where and when can I get access to summary penalty orders issued by the Office of the Attorney General of Switzerland?
Members of the public wishing to access summary penalty orders must normally go to the OAG headquarters in Bern or one of its branch offices to view these documents. Because of the preliminary administrative work that is required, an appointment must be made in advance. You will be required to show official identification to the OAG staff.
Access is granted for 30 days from the date on which the order becomes legally enforceable. Documents made available for inspection at the OAG offices are not normally redacted. However, if you wish a copy, it may only be issued in anonymised form. Where requests are made for access after the 30-day period, the OAG reserves the right to charge a fee.
Possible restrictions
Freedom of information does not mean that persons who are not parties to the proceedings have an unrestricted right of access to all summary penalty orders issued by the OAG. The interest of the person requesting access must in each case be weighed against any special interests of the judicial authorities or third parties concerned in preserving secrecy. Requests for access cannot be allowed to jeopardise the smooth running of the criminal justice system.
The OAG assesses each request. If there are special interests in preserving secrecy that outweigh the right to access, the applicant will be notified of this in the application process.
Please note that special rules apply when requesting access to files relating to jihadist terrorism (for further information, see the end of this page).
Contact
If you would like access to summary penalty orders issued by the Office of the Attorney General of Switzerland, please contact info@ba.admin.ch.
When assessing requests for access, the OAG distinguishes between two categories of no proceedings orders:
- Abandonment orders in cases where the suspect denies any criminal conduct or in cases under Article 53 SCC where the suspect expressly accepts responsibility for a violation of legal rights but makes reparation. These abandonment orders are therefore equivalent to a judgment and must in principle be made public.
- Abandonment orders in cases in which the veracity of an allegation of criminal conduct is not tested (because for example of a failure to meet a procedural requirement during the criminal proceedings (Art. 319, par. 1, lit. d CrimPC)). For access to this second category of abandonment orders, the applicant must demonstrate that they have a legitimate interest in the information or explain why access is required.
According to Federal Supreme Court case law, journalists do not have to demonstrate a legitimate interest in information. They are therefore entitled to access to any abandonment orders issued by the Office of the Attorney General of Switzerland, unless access would be contrary to overriding public or private interests.
How, where and when can I obtain access to abandonment of proceedings orders issued by the Office of the Attorney General of Switzerland?
Abandonment orders are only made available on request and in anonymised form.
Possible restrictions
Freedom of information does not mean that persons who are not parties to the proceedings have an unrestricted right of access to all abandonment orders issued by the OAG. The interest of the person requesting access must in each case be weighed against any special interests of the judicial authorities or third parties concerned in preserving secrecy. Requests for access cannot be allowed to jeopardise the smooth running of the criminal justice system.
The OAG assesses each request. If there are special interests in preserving secrecy that outweigh the right to access, the applicant will be notified of this in the application process.
Please note that special rules apply when requesting access to files relating to jihadist terrorism (for further information, see the end of this page).
Contact
If you would like access to abandonment of proceedings orders issued by the Office of the Attorney General of Switzerland, please contact info@ba.admin.ch.
Applicants seeking access to no-proceedings orders must demonstrate a legitimate interest in the information or explain why access is required.
According to Federal Supreme Court case law, journalists do not have to demonstrate a legitimate interest in information. They are therefore entitled to access any no-proceedings orders issued by the Office of the Attorney General of Switzerland, unless access would be contrary to overriding public or private interests.
For journalists or applicants who can demonstrate a legitimate interest in the information, the following conditions apply to access to no-proceedings orders.
How, where and when can I get access to no-proceedings orders issued by the Office of the Attorney General of Switzerland?
No-proceedings orders are only made available on request and in anonymised form.
Possible restrictions
Freedom of information does not mean that persons who are not parties to the proceedings have an unrestricted right of access to all no-proceedings orders issued by the OAG. The interest of the person requesting access must in each case be weighed against any special interests of the judicial authorities or third parties concerned in preserving secrecy. Requests for access cannot be allowed to jeopardise the smooth running of the criminal justice system.
The OAG assesses each request. If there are special interests in preserving secrecy that outweigh the right to access, the applicant will be notified of this during the application process.
Please note that special rules apply when requesting access to files relating to jihadist terrorism (for further information, see the end of this page).
Contact
If you would like access to no-proceedings orders issued by the Office of the Attorney General of Switzerland, please contact info@ba.admin.ch.
Changes to the right of access to documents relating to jihadist terrorism
The following rules apply when requesting access to summary penalty orders or abandonment or no-proceedings orders relating to cases of jihadist terrorism:
- All legally binding decisions to conclude proceedings (including summary penalty orders) are only made accessible in anonymised form. This also applies in the period when they are available for public inspection.
- Access is granted on a case-by-case basis only and in consultation with the persons in charge of the investigations. ‘Blanket requests’ can no longer be considered.
The Office of the Attorney General of Switzerland (OAG) has changed its practice in this area for the following reasons:
The interest of the person requesting access – and thus the constitutionally established interest in upholding the principle of freedom of information – must be weighed up in accordance with the principle of proportionality against any special interests in preserving secrecy that the judicial authorities or third parties concerned may have. Legitimate contrary private or public interests are normally taken into account by allowing access to the documents in anonymised form. Requests for access cannot be allowed to jeopardise the smooth running of the criminal justice system.
Law enforcement in the field of terrorism directly affects Switzerland’s internal and external security. The OAG’s strategy is to deal with jihadist terrorism as a cross-border and nationwide phenomenon. The proceedings that the OAG conducts in this field are often interlinked in terms of the persons or geographical locations involved. Persons active in this field of crime operate in networks that extend beyond Switzerland and its regions and beyond language borders.
For this reason, individual cases, even the few that have already been concluded – cannot be regarded in isolation. Any disclosure of the personal details of the parties to the proceedings may allow their personal relationships and networks to be identified. Accordingly, granting access to summary penalty orders that have not been anonymised and subsequent media reports that reveal personal details are likely to jeopardise not only ongoing OAG investigations but also preliminary police investigations.
