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.
How, where and when can I get access to summary penalty orders issued by the Office of the Attorney General of Switzerland?
The OAG allows normally consultation in the form of a public display. The consultation can be carried out on site (both in the OAG headquarters in Bern and at other branch offices); 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.
Consultation is permitted for a period of four weeks from the date of inclusion in the public display list. An updated list of the available orders is prepared weekly. During the consultation on site, the order is generally not anonymized. No copies are provided during the consultation and personal recordings (e.g. photographs) are not permitted. After the consultation and upon written request, copies will only be provided in an anonymized form. Outside the public display, the OAG reserves the right to charge a fee for the release.
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 Switzerland, 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 Switzerland, 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 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.
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 Switzerland, please contact rechtsdienst@ba.admin.ch.
