Federal Law of March 14, 1958 on the Liability of the Confederation, the Members of its Authorities, and its Officials (LRCF) (VG)

The provisions of this law apply to all persons invested with a public function of the Confederation, namely: a. ... b. the members of the Federal Council and the Federal Chancellor; c. the members and substitutes of the federal courts; cbis. the members of the Supervisory Authority of the Office of the Attorney General of the Confederation; d. the members and substitutes of the independent federal authorities and commissions independent of the federal courts and the federal administration; e. the officials and other agents of the Confederation; f. all other persons, insofar as they are directly entrusted with public law tasks by the Confederation.

Excluded are persons belonging to the military concerning their military status and service duties.

The provisions concerning officials are applicable to all persons mentioned in Art. 1, insofar as the present law does not contain special provisions. Members of the Federal Council and the Chancellor of the Confederation cannot be prosecuted for opinions they express within the Federal Assembly or its bodies. Reserved, furthermore, are the provisions of the Federal Act of 26 March 1934 on Political and Police Guarantees in favor of the Confederation.

The Confederation is liable for damage unlawfully caused to a third party by an official in the performance of his duties, regardless of the official's fault.

When liability for certain acts is provided for in special legislative acts, the liability of the Confederation is governed by those provisions.

The injured party has no action against the culpable official.

When a third party claims damages from the Confederation, the Confederation shall immediately inform the official against whom it could exercise a right of recourse.

When the injured party has consented to the injury or when facts for which they are responsible have contributed to creating or increasing the damage, the competent authority may reduce the damages or may even not award any at all.

In the event of human death, damages include expenses, notably those for burial. If death did not occur immediately, they particularly include treatment costs as well as loss resulting from incapacity to work. When, as a result of the death, other individuals have been deprived of their support, compensation for this loss is also due.

In the event of bodily injury, the affected party is entitled to reimbursement of costs and damages arising from total or partial incapacity to work, as well as impairment to their economic future.

If, at the time of the decision, it is not possible to determine with sufficient certainty the consequences of bodily injuries, the competent authority has the right to reserve a revision of the decision for a period of up to two years from the day it was pronounced.

If an official has committed a fault, the competent authority may, taking into account particular circumstances, allocate to the victim of bodily harm or, in the event of death, to the family, a fair compensation for moral damages.

Anyone who suffers an unlawful infringement of their personality is entitled, in case of fault by the official, to a sum of money as reparation for moral damages, provided that the severity of the infringement justifies it and that the perpetrator has not otherwise satisfied the injured party.

When the Confederation compensates for the damage, it has a right of recourse against the official who caused it intentionally or through gross negligence, even after the termination of the service relationship.

The official is liable to the Confederation for the damage they cause directly by intentionally violating or through gross negligence of their official duties.

In addition, the provisions of the Code of Obligations concerning the formation of obligations arising from unlawful acts apply by analogy to the claims of the Confederation resulting from Articles 7 and 8. When several officials together have caused damage, they are liable to the Confederation, contrary to Article 50 of the Code of Obligations, only in proportion to their faults.

The competent authority decides on claims of the Confederation that are contested or on those directed against it. The appeal procedure is governed by the general provisions of the federal procedure.

The Federal Supreme Court hears in the first instance, within the meaning of Art. 120 of the Federal Supreme Court Act of June 17, 2005, disputes over claims regarding damages or compensation for moral damages resulting from the official activities of the persons listed in Art. 1, para. 1, let. a to c bis. The Confederation may be sued in the Federal Supreme Court if the competent authority has allowed three months to pass from the day of the claim without contesting it or taking a position.

Insofar as the Confederation acts as a subject of private law, its liability is governed by the provisions of this law.

In such cases, the injured party also has no claim against the at-fault official.

The Confederation's right of recourse is governed by Art. 7 and 9.

The legality of decisions, decrees, and judgments that have the force of res judicata cannot be reviewed in a liability procedure.

The special provisions of federal law are applicable to the criminal prosecution of crimes and offenses committed by officials in the exercise of their duties.

The provisions of the military penal code and the Federal Act of June 28, 1889, on Judicial Organization and Criminal Procedure for the Federal Army are applicable to officials subject to military jurisdiction.

Authorization from the competent committees of the Federal Assembly is required to initiate criminal proceedings against members of authorities or magistrates elected by the Federal Assembly for offenses directly related to their official activity or position. The competent committee of each of the Federal Assembly's councils is specified in their respective regulations.

The presidents of the councils designate, in accordance with Art. 84 of the Parliament Act of December 13, 2002 (LParl), the council whose committee is to prioritize the request to lift immunity.

In all other respects, Art. 17, para. 2 to 4, and Art. 17a, para. 2, 3, 5, and 6 of the LParl apply mutatis mutandis.

The two committees give the accused the opportunity to express their views.

If both committees decide to authorize the criminal proceedings, they may sit together as a committee of the Federal Assembly (United Chambers) and propose to the latter the provisional suspension of the accused. The composition of this committee is governed by Art. 39, para. 4, of the LParl. If necessary, the offices may increase or decrease the number of committee members to ensure proper composition.

Authorization is particularly required to lift postal secrecy or telecommunications secrecy within the meaning of Art. 321 ter of the Criminal Code, with respect to any of the individuals mentioned in Art. 14, when it involves pursuing or preventing an offense. Authorization will always be necessary when such measures are taken concerning one of these individuals for the purpose of monitoring a third party with whom they are in contact due to their official duties.

In this case, a commission composed of the presidents and vice-presidents of both councils decides on the issuance or refusal of authorization. Authorization is denied if it is not approved by at least five members of the commission.

The deliberations and decisions of the commission are confidential.

The preceding provisions are also applicable when, for an initial determination of facts or for securing evidence, other investigation or instruction measures are deemed necessary with respect to the individuals mentioned in Art. 14. As soon as the measures authorized by the commission are executed, in accordance with Art. 14, authorization from the competent committees of the Federal Assembly must be requested for a criminal prosecution, unless the process is suspended. No arrest may take place without this authorization.

When the necessity of an authorization is disputed, it is the responsibility of the competent authorization commissions to decide.

An authorization from the Federal Department of Justice and Police is required to initiate criminal proceedings against officials for offenses related to their activity or official position, except for traffic-related offenses. This authorization is granted: a. by the Administrative Delegation of the Federal Assembly for the staff of the Parliamentary Services; b. by the Administrative Commission of the relevant court for the staff of the Federal Supreme Court, the Federal Criminal Court, and the Federal Administrative Court; c. by the Supervisory Authority of the Office of the Attorney General for the staff of its secretariat; d. by the Attorney General for the staff of the Office of the Attorney General whom he himself has appointed.

Cantonal criminal prosecution authorities to whom such offenses are reported must immediately request this authorization and take urgent protective measures.

When an offense and the legal conditions for criminal prosecution appear to be fulfilled, the authorization can only be refused in cases of minor severity and if, in view of all circumstances, a disciplinary measure against the offender seems sufficient.

The decision granting the authorization is final.

The refusal by the Federal Department of Justice and Police or the Administrative Delegation of the Federal Assembly to grant the authorization may be appealed before the Federal Administrative Court. The decisions of the federal courts on granting the authorization are final.

The prosecutorial authority that requested the authorization is entitled to appeal.

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When an official commits an offense against their official duties, Swiss law is also applicable if the act was committed abroad.

When an official commits another offense abroad in connection with their activity or official status, Swiss law is applicable if the act is also punishable at the place where it was committed; however, Art. 6, para. 2, of the Swiss Penal Code is applicable by analogy.

Art. 4 of the Swiss Penal Code remains reserved.

The disciplinary liability of the persons subject to this Act is governed by the specific provisions applicable to them.

A disciplinary measure does not affect liability arising from damage or criminal liability.

When the same offense leads to a disciplinary investigation and a criminal proceeding, the decision regarding the disciplinary measure will, as a rule, be postponed until the conclusion of the criminal proceeding.

If an organ or an employee of an independent institution of the ordinary administration, which is entrusted with executing public law tasks by the Confederation, unlawfully causes damage to a third party or to the Confederation while carrying out this activity: a. the institution is liable to the injured party for the damage caused to a third party, in accordance with Articles 3 to 6. The Confederation is liable to the injured party for the damage that the institution is unable to repair. The right of recourse of the Confederation and of the institution against the culpable organ or employee is governed by Articles 7 and 9; b. the culpable organs or employees are primarily liable and the institution secondarily liable for the damage caused to the Confederation. Articles 8 and 9 are applicable.

Articles 13 et seq. apply analogously to criminal liability. They do not apply to the criminal liability of employees and delegates of licensed transportation companies.

The institution decides on the disputed claims of third parties or the Confederation directed against it, as well as on the claims of the institution directed against the culpable organs or employees. The appeal procedure is governed by the general provisions of federal procedure.

The Confederation is liable for damage unlawfully caused to a third party during the operation of the Schengen Information System by a person in the service of the Confederation or a canton.

When the Confederation compensates for the damage, it may pursue a recourse action against the canton for which the person responsible for the damage is working.

The Confederation is liable for damage caused to a third party without the need to prove an unlawful act, under the following conditions: a. the authorities of another state bound by one of the association agreements with Schengen have, during the use of the Schengen Information System, entered incorrect data or registered an alert without rightful authorization; b. the damage caused by a person in the performance of their duties in the service of the Confederation or a canton results from such an alert.

The competent federal authority rules on disputed rights asserted by third parties against the Confederation or by the Confederation against a canton. Art. 10, para. 1, applies by analogy.

The action against the Confederation (Art. 3 et seq.) is subject to the statute of limitations in accordance with the provisions of the Code of Obligations concerning unlawful acts.

A claim for damages or compensation for moral harm must be submitted to the Federal Department of Finance. The filing of a written claim with the latter interrupts the statute of limitations.

If, in the cases referred to in Art. 10, para. 2, the Confederation contests the claim or fails to respond within three months, the injured party must initiate an action within a new period of six months under penalty of forfeiture.

The Confederation's right of recourse against the official is subject to a statute of limitations of three years, commencing from the recognition or enforceable determination of the Confederation's liability; in all cases, it is subject to a statute of limitations of ten years, or in the event of death or bodily injury, twenty years, starting from the day the damaging event occurred or ceased.

The limitation period for criminal prosecution is governed by the provisions of criminal law.

The disciplinary liability of officials is subject to special disciplinary provisions but is limited to one year at most after the discovery of the disciplinary offense, and in any case, three years after the last breach of official duties.

The limitation period is suspended during the duration of the criminal procedure initiated due to the same act or until a decision is rendered on the appeals filed in the disciplinary procedure.

The Confederation's right to demand compensation from an official for injury caused by a breach of official duties (Art. 8 and 19) becomes time-barred three years from the day the service or authority competent to assert this right became aware of the damage and the official liable for compensation, and in any case, ten years from the day the harmful event occurred or ceased.

If the harmful event results from a punishable act by the official, the action is time-barred at the earliest upon the expiry of the limitation period for the criminal action. If the limitation period for criminal action no longer applies because a first-instance judgment has been rendered, the civil action is time-barred at the earliest three years from the notification of the judgment.

The Federal Council shall issue the necessary implementing provisions.

In particular, it shall regulate the competence of the departments and divisions to definitively recognize or dispute claims made against the Confederation, as well as to pursue actions for damages and recourse against officials, and to conduct the necessary legal proceedings (Art. 3, 10, para. 2, and 11; Art. 7, 8, 19, and 20).

The Federal Council shall determine the date on which this Act shall enter into force.

The former law applies to requests for authorization to criminally prosecute an official that are pending at the time the present law comes into force.

The Confederation also assumes liability under Art. 3 et seq. for damage caused before the present law comes into force, provided that there is neither prescription nor forfeiture under Art. 20.

Requests for authorization to bring a civil action against an official that are pending at the time the present law comes into force are treated as claims within the meaning of Art. 10, para. 2; they are officially forwarded to the competent service.

However, if a decision has already been made on the request for authorization, the matter is settled according to the previous law.

For the rest, the present law alone applies to the liability of officials and to the recourse action by the Confederation against those responsible.

All provisions contrary to this Act are repealed upon its entry into force, in particular

a. the Federal Act of December 9, 1850 on the Liability of the Authorities and Officials of the Confederation;

b. Art. 91 of the Federal Act of April 5, 1910 on the Swiss Postal Service;

c. Arts. 29, 35 and 36 of the Federal Act of June 30, 1927 on the Public Officials Act.

Date of entry into force: January 1, 1959