Swiss Criminal Code (SCC)

Art. 367SCC from 2022

Art. 367

¹ The following authorities process personal data on convictions in the register in accordance with Article 366 paragraphs 1–3:⁵⁰⁷

a.

the Federal Office of Justice;

b.

the authorities responsible for the administration of civilian criminal justice;

c.

the authorities responsible for the administration of military criminal justice;

d.

the authorities responsible for the execution of sentences and measures;

e.

the cantonal coordination offices.

² The following authorities may have online access to the personal data on convictions in accordance with Article 366 paragraphs 1, 2 and 3 letters a and b:⁵⁰⁸:

a.

the authorities listed in paragraph 1;

b.

the Office of the Attorney General of Switzerland;

c.

the Federal Office of Police in the course of criminal investigations;

d.

the Defence Group⁵⁰⁹;

e.⁵¹⁰ the State Secretariat for Migration⁵¹¹;

f.⁵¹²

...

g.

the cantonal immigration authorities;

h.

the cantonal authorities responsible for road traffic matters;

i.⁵¹³

the federal authorities responsible for the conduct of personal security checks in terms of Article 2 paragraph 2 letter a of the Federal Act of 21 March 1997⁵¹⁴ on Measures to Safeguard Internal Security;

j.⁵¹⁵the Federal Office for Civilian Service⁵¹⁶;

k.⁵¹⁷

the cantonal authorities responsible for decisions on ineligibility for civil defence service;

l.⁵¹⁸

the Federal Witness Protection Agency in accordance with the Federal Act of 23 December 2011⁵¹⁹ on Extra-Procedural Witness Protection in order to fulfil their tasks;

m.⁵²⁰

the FIS;

n.⁵²¹

the cantonal police authorities responsible for clarifying the security risk in accordance with Article 108c AviA⁵²².

^2bis The following authorities may also have online access to the personal data on convictions in accordance with Article 366 paragraphs 3 letters c:

a.

the Defence Group⁵²³ for the purposes of assessing eligibility for recruitment, exclusion from the armed forces, or readmission to the armed forces or demotion under the ArmA⁵²⁴, the assessment of grounds for refusing to issue a personal weapon under the ArmA, and the assessment of suitability for promotion or appointment under the;

b.⁵²⁵

the federal authorities responsible for personnel security screening under Article 2 paragraph 2 letter a of the Federal Act of 21 March 1997 on Measures to Safeguard Internal Security;

c.

authorities responsible for the administration of civilian criminal justice in order to conduct criminal proceedings (Art. 365 para. 2 let. a);

d.

cantonal coordination offices and the Federal Office of Justice in order to fulfil their statutory duties in relation to keeping registers;

e.

the authorities responsible for the execution of sentences and measures in order to execute sentences and measures (Art. 365 para. 2 let. c).⁵²⁶

^2ter Authorities in terms of paragraphs 2 letters c–l and 2^septies may access judgements that include an expulsion order for as long as the person concerned is subject to that order. If the period under Article 369 is longer, that period applies as the duration of access.⁵²⁷

^2quater In order to fulfil its duties under Article 365 paragraph 2 letters n–q, the federal office responsible for the register shall notify the Defence Group regularly of the following data newly recorded in VOSTRA relating to persons eligible for military service, members of the armed forces and persons required to do civil defence service:⁵²⁸

a.

convictions for felonies or misdemeanours;

b.

custodial measures;

c.

decisions on breaches of probation by persons subject to recruitment and members of the armed forces.⁵²⁹

^2quinquies Notice is given of the personal details of Swiss nationals over the age of 17 who are registered in accordance with paragraph 2^quater. If the Armed Forces Joint Staff identifies a reported person as being subject to recruitment or as a member of the armed forces, the office responsible for the register also provides the data on the conviction and sentence.⁵³⁰

^2sexies Notice and identification in accordance with paragraph 2^quinquies may be effected via an electronic interface between the Armed Forces Personnel Information System (PISA) and the register.⁵³¹

^2septies For the purpose of carrying out background checks with a view to granting or withdrawing recognition as a "Youth and Sport" officer, the Federal Office of Sport may by written request inspect personal data relating to criminal convictions.⁵³²

³ The Federal Council may, if the number of requests for information so justifies, after consulting the Federal Data Protection and Information Commissioner⁵³³ and until formal legislation on the relevant legal principles comes into force, extend the rights of inspection under paragraph 2 to additional federal and cantonal law enforcement and administrative authorities.

⁴ Personal data in relation to pending criminal proceedings may only be processed by the authorities listed in paragraph 2 letters a–e, i, j
and l–n.⁵³⁴

^4bis ...⁵³⁵

^4ter For the purpose of carrying out background checks with a view to granting or suspending recognition as a "Youth and Sport" officer, the Federal Office of Sport may by written request inspect personal data relating to criminal convictions.⁵³⁶

⁵ Each canton shall establish a coordination office for the processing of the data in the register.

⁶ The Federal Council regulates the details, and in particular:

a.

responsibility for data processing;

b.

the categories of data to be recorded and their retention periods;

c.

cooperation with the authorities concerned;

d.

the duties of the coordination offices;

e.

the right to information and the other procedural rights for the protection of the persons concerned;

f.

data security;

g.

the authorities that may report personal data in written form, enter data in the register, consult the register or to which personal data may be disclosed in individual cases;

h.

the passing on of electronic data to the Swiss Federal Statistical Office.

⁵⁰⁷ Amended by Annex No 2 of the FA of 19 March 2010, in force since 1 Jan. 2013 (AS 2010 6015, 2011 487; BBl 2009 5917).

⁵⁰⁸ Amended by Annex No 2 of the FA of 19 March 2010, in force since 1 Jan. 2013 (AS 2010 6015, 2011 487; BBl 2009 5917).

⁵⁰⁹ Name in accordance with Annex No 2 of the FA of 18 March 2016, in force since 1 Jan. 2018 (AS 2016 4277, 2017 2297; BBl 2014 6955).

⁵¹⁰ Amended by No I 3 of the Ordinance of 3 Nov. 2004 on the Amendment of Statutory Provisions due to the Merger of the Federal Offices IMES and FOR, in force since 1 Jan. 2005 (AS 2004 4655).

⁵¹¹ The name of this administrative unit was amended by Art. 16 para. 3 of the Publications Ordinance of 17 Nov. 2004 (AS 2004 4937), in force since 1 Jan. 2015

⁵¹² Repealed by No I 3 of the Ordinance of 3 Nov. 2004 on the Amendment of Statutory Provisions due to the Merger of the Federal Offices IMES and FOR, with effect from 1 Jan. 2005 (AS 2004 4655).

⁵¹³ Amended by Annex No II 5 of the Intelligence Service Act of 25 Sept. 2015, in force since 1 Sept. 2017 (AS 2017 4095; BBl 2014 2105).

⁵¹⁴ SR 120

⁵¹⁵ Inserted by No II of the FA of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4843 4854; BBl 2001 6127).

⁵¹⁶ The name of this administrative unit was amended by Art. 20 para. 2 of the Publications Ordinance of 7 Oct. 2015 (SR 170.512.1), in force since 1 Jan. 2019.

⁵¹⁷ Inserted by Annex No 1 of the FA of 3 Oct. 2008 on Military Information Systems, in force since 1 Jan. 2010 (AS 2009 6617; BBl 2008 3213).

⁵¹⁸ Inserted by Annex No 3 of the FA of 23 Dec. 2011 on Extra-Procedural Witness Protection, in force since 1 Jan. 2013 (AS 2012 6715; BBl 2011 1).

⁵¹⁹ SR 312.2

⁵²⁰ Inserted by Annex No II 5 of the Intelligence Service Act of 25 Sept. 2015, in force since 1 Sept. 2017 (AS 2017 4095; BBl 2014 2105).

⁵²¹ Inserted by No I 6 of the FA of 25 Sept. 2020 on Police Measures to Combat Terrorism, in force since 1 Jan. 2022 (AS 2021 565, 672; BBl 2019 4751).

⁵²² SR 748.0

⁵²³ Name in accordance with Annex No 2 of the FA of 18 March 2016, in force since 1 Jan. 2018 (AS 2016 4277, 2017 2297; BBl 2014 6955).

⁵²⁴ SR 510.10

⁵²⁵ Amended by Annex No II 5 of the Intelligence Service Act of 25 Sept. 2015, in force since 1 Sept. 2017 (AS 2017 4095; BBl 2014 2105).

⁵²⁶ Inserted by Annex No 1 of the FA of 3 Oct. 2008 on Military Information Systems (AS 2009 6617; BBl 2008 3213). Amended by Annex No 2 of the FA of 19 March 2010, in force since 1 Jan. 2013 (AS 2010 6015, 2011 487; BBl 2009 5917).

⁵²⁷ Inserted by No I 1 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).

⁵²⁸ Amended by Annex No 2 of the FA of 18 March 2016, in force since 1 Jan. 2018 (AS 2016 4277, 2017 2297; BBl 2014 6955).

⁵²⁹ Originally: para. 2^ter. Inserted by Annex No 1 of the FA of 3 Oct. 2008 on Military Information Systems (AS 2009 6617; BBl 2008 3213). Amended by Annex No 2 of the FA of 19 March 2010, in force since 1 Jan. 2013 (AS 2010 6015, 2011 487; BBl 2009 5917).

⁵³⁰ Inserted by Annex No 2 of the FA of 19 March 2010 (AS 2010 6015, 2011 487; BBl 2009 5917). Amended by No I 1 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).

⁵³¹ Inserted by No I 1 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).

⁵³² Originally: para. 2^sexies. Inserted by Art. 34 No 1 of the Sport Promotion Act of 17 June 2011, in force since 1 Oct. 2012 (AS 2012 3953; BBl 2009 8189).

⁵³³ The name of this administrative unit was amended by Art. 16 para. 3 of the Publications Ordinance of 17 Nov. 2004 (AS 2004 4937).

⁵³⁴ Amended by No I 6 of the FA of 25 Sept. 2020 on Police Measures to Combat Terrorism, in force since 1 Jan. 2022 (AS 2021 565, 672; BBl 2019 4751).

⁵³⁵ Inserted by No II 1 of the FA of 3 Oct. 2008 (AS 2009 1093; BBl 2008 2707). Repealed by No II 1 of the FA of 25 Sept. 2015, with effect from 1 July 2016 (AS 2016 1883; BBl 2014 6741).

⁵³⁶ Inserted by Art. 34 No 1 of the Sport Promotion Act of 17 June 2011, in force since 1 Oct. 2012 (AS 2012 3953; BBl 2009 8189).

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