Regulation of January 17, 2006, on Archiving at the Federal Criminal Court (Federal) - Purpose and Scope

This regulation governs the archiving of documents of the Federal Criminal Court and their consultation by third parties.

For ongoing cases, procedural law is reserved.

In addition, the Federal Act on Archiving and the Ordinance of September 8, 1999, on Archiving are applicable.

Documents of the Federal Criminal Court that have archival value are archived permanently.

Documents that hold legal, political, economic, historical, social, or cultural value for the history and development of the Federal Criminal Court are archived.

All chambers of the Federal Criminal Court permanently archive the records of the procedures in which they adjudicate.

The president of the chamber called upon to adjudicate may, in a specific case, add additional records.

Files related to telephone monitoring and covert investigation are kept separately. Subject to specific legal provisions, they may not be accessed by third parties.

Personnel files are archived according to the provisions of the Federal Data Protection Act of September 25, 2020.

Accounting documents are archived in accordance with the applicable federal law.

These services are subject to specific provisions.

The president of the court and the general secretary shall decide, within their respective areas of competence, the modalities for archiving other documents of an administrative nature.

The documents (files, evidence, etc.) provided by other authorities are returned to them after the conclusion of the proceedings.

The Secretary General is responsible for the organization and management of the archives. He issues the corresponding directives.

The chancery prepares the documents intended for archiving.

The person responsible for logistics and security ensures that the documents are stored securely and takes care of the premises designated for this purpose.

As a general rule, the 30-year protection period provided by Art. 9 LAr applies.

Files are subject to the 50-year protection period provided by Art. 11 LAr, unless the parties involved in the proceedings were exclusively public institutions or establishments.

Other documents may benefit from the 50-year protection period if they contain sensitive data.

Minutes of plenary sessions, court management, and divisions are subject to the 50-year protection period.

As a general rule, the protection period applies to all procedural acts. The protection period for procedural acts begins to run from the date of the decision; for other documents, the year of issuance of the most recent document is decisive. Documents added subsequently are not pertinent for the calculation of the protection period if they do not contain relevant information.

If a prevailing public or private interest, worthy of protection, opposes the consultation of archives by third parties, the protection period may be extended by a decree of the court's administration.

The Secretary General maintains the official register of documents for which an extended protection period has been established under this provision.

Authorization to consult the archives before the expiration of the protection period may be granted, provided that the applicant demonstrates a legitimate interest worthy of protection, under the following conditions: a. the person concerned has given their consent; b. the persons concerned have been deceased for at least three years; c. the documents were already accessible to the public, except in the presence of new elements opposing their consultation; or d. the consultation appears justified with regard to scientific activity, provided that the objective pursued by the protection is preserved.

The consultation may be restricted to certain parts of the records if required by the protection of personal privacy or specific secrets. The documents made available for consultation may be anonymized.

After the expiration of the protection period, any person may access the archives.

As a general rule, access takes place on the premises of the court.

The request for consultation must be addressed in writing to the General Secretariat. It must provide the following information: a. details about the requester; b. the most precise possible indication of the documents for which consultation is requested; c. the reason for the consultation if the request is made before the expiration of the protection period.

The Secretary General shall rule on the request for consultation.

The refusal or restriction of the consultation must be justified. Upon request, a decision subject to appeal may be issued.

The authorization to consult the files does not exempt the applicant from the duty to ensure the protection of personal privacy and specific secrets.

In particular cases, the consultation may be subject to additional restrictions.

The applicant may be required to confirm in writing that they have acknowledged the restrictions imposed upon them.

Articles 82 to 89 of the Federal Supreme Court Act of June 17, 2005, apply to the appeals.

The services of the Federal Criminal Court allowing the consultation of records are free of charge as long as they do not require extraordinary work.

Other services, as well as the reproduction of documents, will be billed based on the time and materials used.

The Ordinance of August 24, 1994, on Administrative Fees of the Federal Court applies by analogy.