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 the Swiss Confederation (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 the Swiss Confederation are freely accessible. There is no need to claim any special interest in having access.
How, where and when can I get access to summary penalty orders issued by the Office of the Attorney General of the Swiss Confederation?
The OAG generally makes its summary penalty orders available for public inspection. These orders may be inspected on-site at the OAG’s offices in Bern or at its other locations. Due to the administrative work involved, appointments must be scheduled in advance. You will be required to present official identification to the OAG staff.
Inspection is possible for four weeks from the date on which the document appears on the list of orders available for public inspection. An updated list of summary penalty orders available for inspection is drawn up each week. Every Monday evening (except public holidays), a list [entitle “List of public Summary penalty”] is published under the heading Summary penalty orders and other orders. This list details the criminal offences that are the subject of the displayed summary penalty orders.
The summary penalty orders are not usually anonymised during the on-site inspection period. During the inspection, copies are not provided and personal recordings of the documents are not permitted (e.g. photographs). After inspection and on written request, copies may be provided, but only 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 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.
Contact
If you would like access to summary penalty orders issued by the Office of the Attorney General of the Swiss Confederation, please contact rechtsdienst@ba.admin.ch.
Applicants seeking access to abandonment orders must demonstrate a legitimate interest in the information and 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 basically entitled to access any abandonment orders issued by the Office of the Attorney General of the Swiss Confederation, unless access would be contrary to overriding public or private interests.
For applicants who can demonstrate a legitimate interest in the information or journalists, the following principles apply to access to abandonment orders.
How, where and when can I obtain access to abandonment of proceedings orders issued by the Office of the Attorney General of the Swiss Confederation?
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.
Contact
If you would like access to abandonment of proceedings orders issued by the Office of the Attorney General of Switzerland, please contact rechtsdienst@ba.admin.ch.
Applicants seeking access to no-proceedings orders must demonstrate a legitimate interest in the information and 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 basically 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 applicants who can demonstrate a legitimate interest in the information or for journalists, the following principles 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.
Contact
If you would like access to no-proceedings orders issued by the Office of the Attorney General of the Swiss Confederation, please contact rechtsdienst@ba.admin.ch.
