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Ordinance of 19 October 2022 on the Electronic Criminal Records VOSTRA (OCJ) - Purpose (STREV)

130 Articles / Provisions · Switzerland · Federal Legislation (SR / Fedlex)
Open official source Machine-readable Markdown (.md)

Table of Provisions (130)

Art. 1 OCJ Art. 1 OCJ Art. 2 OCJ Art. 2 OCJ Art. 3 OCJ Art. 3 OCJ Art. 4 OCJ Art. 4 OCJ Art. 5 OCJ Art. 5 OCJ Art. 6 OCJ Art. 6 OCJ Art. 7 OCJ Art. 7 OCJ Art. 8 OCJ Art. 8 OCJ Art. 9 OCJ Art. 9 OCJ Art. 10 OCJ Art. 10 OCJ Art. 11 OCJ Art. 11 OCJ Art. 12 OCJ Art. 12 OCJ Art. 13 OCJ Art. 13 OCJ Art. 14 OCJ Art. 14 OCJ Art. 15 OCJ Art. 15 OCJ Art. 16 OCJ Art. 16 OCJ Art. 17 OCJ Art. 17 OCJ Art. 18 OCJ Art. 18 OCJ Art. 19 OCJ Art. 19 OCJ Art. 20 OCJ Art. 20 OCJ Art. 21 OCJ Art. 21 OCJ Art. 22 OCJ Art. 22 OCJ Art. 23 OCJ Art. 23 OCJ Art. 24 OCJ Art. 24 OCJ Art. 25 OCJ Art. 25 OCJ Art. 26 OCJ Art. 26 OCJ Art. 27 OCJ Art. 27 OCJ Art. 28 OCJ Art. 28 OCJ Art. 29 OCJ Art. 29 OCJ Art. 30 OCJ Art. 30 OCJ Art. 31 OCJ Art. 31 OCJ Art. 32 OCJ Art. 32 OCJ Art. 33 OCJ Art. 33 OCJ Art. 34 OCJ Art. 34 OCJ Art. 35 OCJ Art. 35 OCJ Art. 36 OCJ Art. 36 OCJ Art. 37 OCJ Art. 37 OCJ Art. 38 OCJ Art. 38 OCJ Art. 39 OCJ Art. 39 OCJ Art. 40 OCJ Art. 40 OCJ Art. 41 OCJ Art. 41 OCJ Art. 42 OCJ Art. 42 OCJ Art. 43 OCJ Art. 43 OCJ Art. 44 OCJ Art. 44 OCJ Art. 45 OCJ Art. 45 OCJ Art. 46 OCJ Art. 46 OCJ Art. 47 OCJ Art. 47 OCJ Art. 48 OCJ Art. 48 OCJ Art. 49 OCJ Art. 49 OCJ Art. 50 OCJ Art. 50 OCJ Art. 51 OCJ Art. 51 OCJ Art. 52 OCJ Art. 52 OCJ Art. 53 OCJ Art. 53 OCJ Art. 54 OCJ Art. 54 OCJ Art. 55 OCJ Art. 55 OCJ Art. 56 OCJ Art. 56 OCJ Art. 57 OCJ Art. 57 OCJ Art. 58 OCJ Art. 58 OCJ Art. 59 OCJ Art. 59 OCJ Art. 60 OCJ Art. 60 OCJ Art. 61 OCJ Art. 61 OCJ Art. 61a OCJ Art. 61a OCJ Art. 62 OCJ Art. 62 OCJ Art. 63 OCJ Art. 63 OCJ Art. 64 OCJ Art. 64 OCJ

Statutory Text (130 Articles)

OCJ; Chapitre 1 Objet et définitions
Art. 1 Ordinance of 19 October 2022 on the Electronic Criminal Records VOSTRA (OCJ) - Purpose Open official source

This ordinance contains the implementing provisions of the LCJ.

OCJ; Chapitre 1 Objet et définitions
Art. 1 Ordinance of 19 October 2022 on the Electronic Criminal Records VOSTRA (OCJ) - Purpose Open official source

This ordinance contains the implementing provisions of the LCJ.

OCJ; Chapitre 1 Objet et définitions
Art. 2 Ordinance of 19 October 2022 on the Computerized Criminal Records System VOSTRA (OCJ) - Definitions Open official source

For the purposes of this document: a. authority managing VOSTRA: one of the following authorities responsible for VOSTRA: 1. the division of the Federal Office of Justice responsible for VOSTRA referred to in Art. 3 LCJ (Criminal Records Service), 2. the cantonal coordination services referred to in Art. 4 LCJ (SERCO), 3. the military justice coordination service referred to in Art. 5 LCJ (Military SERCO); b. connected authority: any authority with an operational right to carry out online queries or entries; c. online access right: the right to consult data (online consultation right) or to enter, modify, and delete data (online entry right) via the VOSTRA web application; d. identification data: the data cited in Art. 17, para. 1, LCJ, intended to identify a specific person.

OCJ; Chapitre 1 Objet et définitions
Art. 2 Ordinance of 19 October 2022 on the Computerized Criminal Records System VOSTRA (OCJ) - Definitions Open official source

For the purposes of this document: a. authority managing VOSTRA: one of the following authorities responsible for VOSTRA: 1. the division of the Federal Office of Justice responsible for VOSTRA referred to in Art. 3 LCJ (Criminal Records Service), 2. the cantonal coordination services referred to in Art. 4 LCJ (SERCO), 3. the military justice coordination service referred to in Art. 5 LCJ (Military SERCO); b. connected authority: any authority with an operational right to carry out online queries or entries; c. online access right: the right to consult data (online consultation right) or to enter, modify, and delete data (online entry right) via the VOSTRA web application; d. identification data: the data cited in Art. 17, para. 1, LCJ, intended to identify a specific person.

OCJ; Chapitre 2 Obligations de transmettre des données
Art. 3 Ordinance of October 19, 2022, on the VOSTRA Computerized Criminal Records (OCJ) - Data Pertaining to International Mutual Legal Assistance Open official source

The service of the Federal Office of Justice responsible for international mutual legal assistance transmits to the Criminal Records Service, for entry into VOSTRA: a. all subsequent decisions rendered against Swiss nationals declaring a foreign judgment enforceable in Switzerland (exequatur); b. in the event of extradition or transfer for the execution of a sanction abroad: 1. the date on which the person concerned left Switzerland, 2. the reason for departure (extradition or transfer).

OCJ; Chapitre 2 Obligations de transmettre des données
Art. 3 Ordinance of October 19, 2022, on the VOSTRA Computerized Criminal Records (OCJ) - Data Pertaining to International Mutual Legal Assistance Open official source

The service of the Federal Office of Justice responsible for international mutual legal assistance transmits to the Criminal Records Service, for entry into VOSTRA: a. all subsequent decisions rendered against Swiss nationals declaring a foreign judgment enforceable in Switzerland (exequatur); b. in the event of extradition or transfer for the execution of a sanction abroad: 1. the date on which the person concerned left Switzerland, 2. the reason for departure (extradition or transfer).

OCJ; Chapitre 2 Obligations de transmettre des données
Art. 4 Ordinance of October 19, 2022, on the VOSTRA Computerized Criminal Records (OCJ) - Revocation Decisions Open official source

The authority entering a judgment into VOSTRA has the following obligations: a. if it finds that the judge has revoked a suspension without imposing a cumulative sentence as per Art. 46, para. 1, of the Criminal Code (CC), Art. 31, para. 2, of the Juvenile Criminal Law of June 20, 2003 (JCL), or Art. 40, para. 1, of the Military Criminal Code of June 13, 1927 (MCC), it must transmit the revocation decision to the competent authority for the execution of the sentence previously suspended; b. if it finds that the judge has revoked the conditional release from the execution of a sentence or measure without imposing a cumulative sentence as per Art. 62a, para. 2, or 89, para. 6, CC, or Art. 31, para. 2, JCL, it must transmit the revocation decision to the competent authority for the execution of the remaining balance of the sentence.

OCJ; Chapitre 2 Obligations de transmettre des données
Art. 4 Ordinance of October 19, 2022, on the VOSTRA Computerized Criminal Records (OCJ) - Revocation Decisions Open official source

The authority entering a judgment into VOSTRA has the following obligations: a. if it finds that the judge has revoked a suspension without imposing a cumulative sentence as per Art. 46, para. 1, of the Criminal Code (CC), Art. 31, para. 2, of the Juvenile Criminal Law of June 20, 2003 (JCL), or Art. 40, para. 1, of the Military Criminal Code of June 13, 1927 (MCC), it must transmit the revocation decision to the competent authority for the execution of the sentence previously suspended; b. if it finds that the judge has revoked the conditional release from the execution of a sentence or measure without imposing a cumulative sentence as per Art. 62a, para. 2, or 89, para. 6, CC, or Art. 31, para. 2, JCL, it must transmit the revocation decision to the competent authority for the execution of the remaining balance of the sentence.

OCJ; Chapitre 3 Droits d’accès en ligne
Art. 5 Ordinance of 19 October 2022 on the Computerized Criminal Records VOSTRA (CCR) - Right of Entry Open official source

The regulation on data processing defines the right of entry for each type of authority and its scope.

For each type of authority, the right to enter criminal data is limited to the minimum necessary.

Authorities that do not have the right to enter criminal data also do not have the right to enter identification data, except for the authorities managing VOSTRA, which may enter identification data in their own name.

OCJ; Chapitre 3 Droits d’accès en ligne
Art. 5 Ordinance of 19 October 2022 on the Computerized Criminal Records VOSTRA (CCR) - Right of Entry Open official source

The regulation on data processing defines the right of entry for each type of authority and its scope.

For each type of authority, the right to enter criminal data is limited to the minimum necessary.

Authorities that do not have the right to enter criminal data also do not have the right to enter identification data, except for the authorities managing VOSTRA, which may enter identification data in their own name.

OCJ; Chapitre 3 Droits d’accès en ligne
Art. 6 Ordinance of 19 October 2022 on the Electronic Criminal Records VOSTRA (OCJ) - Right to Modify and Delete Data by Authorities Managing VOSTRA Open official source

The authorities managing VOSTRA have the right to modify and delete all data within their respective areas of competence.

They may, within their respective areas of competence, log in on behalf of the authority for which they input the data in order to modify or delete said data. The handling of identification data exclusively pertaining to the Criminal Records Service as described in Annex 9 is reserved.

OCJ; Chapitre 3 Droits d’accès en ligne
Art. 6 Ordinance of 19 October 2022 on the Electronic Criminal Records VOSTRA (OCJ) - Right to Modify and Delete Data by Authorities Managing VOSTRA Open official source

The authorities managing VOSTRA have the right to modify and delete all data within their respective areas of competence.

They may, within their respective areas of competence, log in on behalf of the authority for which they input the data in order to modify or delete said data. The handling of identification data exclusively pertaining to the Criminal Records Service as described in Annex 9 is reserved.

OCJ; Chapitre 3 Droits d’accès en ligne
Art. 7 Ordinance of October 19, 2022, on the VOSTRA Computerized Criminal Records (OCJ) - Right to Modify and Delete Identification Data Open official source

The right to modify and delete identification data is governed by Annex 9.

OCJ; Chapitre 3 Droits d’accès en ligne
Art. 7 Ordinance of October 19, 2022, on the VOSTRA Computerized Criminal Records (OCJ) - Right to Modify and Delete Identification Data Open official source

The right to modify and delete identification data is governed by Annex 9.

OCJ; Chapitre 3 Droits d’accès en ligne
Art. 8 Ordinance of October 19, 2022, on the Electronic Criminal Record VOSTRA (OCJ) - Granting and Revocation of Online Access Rights Open official source

The Criminal Record Service grants a user the right to consult online when the following conditions are met: a. the online consultation right of the concerned authority is based on a formal legal basis; b. the intended use of the criminal record data corresponds to the purposes of access defined by law; c. the data necessary for the management of users and authorities are complete and accurate; d. the user's online consultation right has not been revoked; e. the granting of the online consultation right to the user respects the principle of proportionality, particularly because: 1. he/she needs to frequently consult VOSTRA, 2. only a few users can already consult VOSTRA online for the concerned authority and granting the consultation right will meet the needs of the service and particularly reasonably compensate for absences, 3. the concerned authority needs to act quickly outside office hours, or 4. the organization of the concerned authority does not allow the centralization of consultation rights among a few users; f. the user has provided in writing the necessary information to assess compliance with the conditions listed under let. a to c and e.

When the following additional conditions are met, the Criminal Record Service grants the user the right to data entry online: a. the online data entry right of the concerned authority is based on a formal legal basis; b. a principle decision of decentralized data entry has been taken according to art. 6, para. 2, LCJ; this condition does not apply to employees of an authority that manages VOSTRA; c. the user has been adequately trained in data entry and has successfully completed the courses ordered by the Criminal Record Service; d. his/her online data entry right has not been withdrawn; e. he/she has provided in writing the necessary information to assess compliance with the conditions listed in para. 1, let. a to c and e, and 2, let. a and b.

If the conditions set out in para. 2 are no longer fulfilled, the Criminal Record Service downgrades the user's online data entry right to an online consultation right. This may also be the case if the user has repeatedly made significant errors in data entry.

If the conditions set out in para. 1 are no longer fulfilled, the Criminal Record Service revokes the user's online consultation right. This is also the case if the user has misused his/her consultation right intentionally and repeatedly. The revocation of the online consultation right leads to the revocation of the online data entry right.

The downgrading and revocation of rights are communicated to the superior of the concerned user.

The Criminal Record Service may record any culpable user and the measures taken against them in a separate database to the extent necessary to grant and revoke online access rights.

OCJ; Chapitre 3 Droits d’accès en ligne
Art. 8 Ordinance of October 19, 2022, on the Electronic Criminal Record VOSTRA (OCJ) - Granting and Revocation of Online Access Rights Open official source

The Criminal Record Service grants a user the right to consult online when the following conditions are met: a. the online consultation right of the concerned authority is based on a formal legal basis; b. the intended use of the criminal record data corresponds to the purposes of access defined by law; c. the data necessary for the management of users and authorities are complete and accurate; d. the user's online consultation right has not been revoked; e. the granting of the online consultation right to the user respects the principle of proportionality, particularly because: 1. he/she needs to frequently consult VOSTRA, 2. only a few users can already consult VOSTRA online for the concerned authority and granting the consultation right will meet the needs of the service and particularly reasonably compensate for absences, 3. the concerned authority needs to act quickly outside office hours, or 4. the organization of the concerned authority does not allow the centralization of consultation rights among a few users; f. the user has provided in writing the necessary information to assess compliance with the conditions listed under let. a to c and e.

When the following additional conditions are met, the Criminal Record Service grants the user the right to data entry online: a. the online data entry right of the concerned authority is based on a formal legal basis; b. a principle decision of decentralized data entry has been taken according to art. 6, para. 2, LCJ; this condition does not apply to employees of an authority that manages VOSTRA; c. the user has been adequately trained in data entry and has successfully completed the courses ordered by the Criminal Record Service; d. his/her online data entry right has not been withdrawn; e. he/she has provided in writing the necessary information to assess compliance with the conditions listed in para. 1, let. a to c and e, and 2, let. a and b.

If the conditions set out in para. 2 are no longer fulfilled, the Criminal Record Service downgrades the user's online data entry right to an online consultation right. This may also be the case if the user has repeatedly made significant errors in data entry.

If the conditions set out in para. 1 are no longer fulfilled, the Criminal Record Service revokes the user's online consultation right. This is also the case if the user has misused his/her consultation right intentionally and repeatedly. The revocation of the online consultation right leads to the revocation of the online data entry right.

The downgrading and revocation of rights are communicated to the superior of the concerned user.

The Criminal Record Service may record any culpable user and the measures taken against them in a separate database to the extent necessary to grant and revoke online access rights.

OCJ; Chapitre 3 Droits d’accès en ligne
Art. 9 Ordinance of 19 October 2022 on the Digital Criminal Records System VOSTRA (OCJ) - Verification of the Purposes of Data Consultation Open official source

The Criminal Records Service conducts random audits of the purposes for which criminal records data are accessed online and requests for excerpts from the criminal records.

It announces and conducts these audits in agreement with the supreme body of the authority to be audited.

The supreme body of the concerned authority verifies which documents the Criminal Records Service needs to access in a specific case to ascertain the purpose of data consultation.

If there is an overriding public interest that opposes the announced audit being conducted by the Criminal Records Service, it forwards the logged data subject to the audit to the supreme body of the concerned authority. The supreme body then conducts the audit itself; it confirms to the Criminal Records Service that the data are processed in accordance with regulations or reports any offending users.

The Criminal Records Service conducts a maximum of two audits per year for each connected authority. It may increase the frequency of audits if any misuse is detected.

OCJ; Chapitre 3 Droits d’accès en ligne
Art. 9 Ordinance of 19 October 2022 on the Digital Criminal Records System VOSTRA (OCJ) - Verification of the Purposes of Data Consultation Open official source

The Criminal Records Service conducts random audits of the purposes for which criminal records data are accessed online and requests for excerpts from the criminal records.

It announces and conducts these audits in agreement with the supreme body of the authority to be audited.

The supreme body of the concerned authority verifies which documents the Criminal Records Service needs to access in a specific case to ascertain the purpose of data consultation.

If there is an overriding public interest that opposes the announced audit being conducted by the Criminal Records Service, it forwards the logged data subject to the audit to the supreme body of the concerned authority. The supreme body then conducts the audit itself; it confirms to the Criminal Records Service that the data are processed in accordance with regulations or reports any offending users.

The Criminal Records Service conducts a maximum of two audits per year for each connected authority. It may increase the frequency of audits if any misuse is detected.

OCJ; Chapitre 3 Droits d’accès en ligne
Art. 10 Ordinance of October 19, 2022, on the VOSTRA Computerized Criminal Records (OCJ) - Use of Standard Interfaces Open official source

Any authority with online entry rights in VOSTRA may use the VOSTRA standard interface to import data from its application (external application). The request to connect an authority's application to this interface can be considered a decision in principle for decentralized entry of criminal record data as per Art. 6, para. 2, LCJ.

Any authority with online access rights to VOSTRA may use the following VOSTRA standard interfaces: a. the interface used to export data from the criminal record extracts to external applications; b. the interface used to initiate searches in VOSTRA from an external application (matching/non-matching system).

Any Swiss authority may use the VOSTRA core data web service to obtain non-personal core data from VOSTRA. Connecting to this web service is mandatory to import data into VOSTRA via the interface mentioned in para. 1 or to export structured data via the interface mentioned in para. 2, let. a.

The external application is connected to a VOSTRA interface if the following conditions are met: a. the application must meet the technical specifications of the interface and the applicable regulations for web services of the Federal Department of Justice and Police (FDJP); b. the proper functioning of the interface must be tested; the Criminal Records Service determines the tests to be conducted and the results to be achieved; c. the Criminal Records Service must have activated the interface for the relevant authority; d. the relevant authority must bear the costs incurred for the connection to the interface.

The authority that imports criminal data into VOSTRA via the standard interface must verify that such data are complete and accurate after the importation.

OCJ; Chapitre 3 Droits d’accès en ligne
Art. 10 Ordinance of October 19, 2022, on the VOSTRA Computerized Criminal Records (OCJ) - Use of Standard Interfaces Open official source

Any authority with online entry rights in VOSTRA may use the VOSTRA standard interface to import data from its application (external application). The request to connect an authority's application to this interface can be considered a decision in principle for decentralized entry of criminal record data as per Art. 6, para. 2, LCJ.

Any authority with online access rights to VOSTRA may use the following VOSTRA standard interfaces: a. the interface used to export data from the criminal record extracts to external applications; b. the interface used to initiate searches in VOSTRA from an external application (matching/non-matching system).

Any Swiss authority may use the VOSTRA core data web service to obtain non-personal core data from VOSTRA. Connecting to this web service is mandatory to import data into VOSTRA via the interface mentioned in para. 1 or to export structured data via the interface mentioned in para. 2, let. a.

The external application is connected to a VOSTRA interface if the following conditions are met: a. the application must meet the technical specifications of the interface and the applicable regulations for web services of the Federal Department of Justice and Police (FDJP); b. the proper functioning of the interface must be tested; the Criminal Records Service determines the tests to be conducted and the results to be achieved; c. the Criminal Records Service must have activated the interface for the relevant authority; d. the relevant authority must bear the costs incurred for the connection to the interface.

The authority that imports criminal data into VOSTRA via the standard interface must verify that such data are complete and accurate after the importation.

OCJ; Chapitre 4 Sécurité des données, exigences techniques, journalisation et communication de données anonymisées
Art. 11 Ordinance of October 19, 2022 on the VOSTRA Computerized Criminal Records (OCJ) - Data Security Open official source

Data security is governed in particular by: a. the Ordinance of August 31, 2022 on Data Protection (OPDo); b. the Ordinance of November 8, 2023 on Information Security.

Connected authorities take appropriate organizational and technical measures within their domain to ensure data security. Connected cantonal authorities shall ensure, within their area of competence, the implementation of minimum computer security requirements (basic IT protection) equivalent to those of the federal administration.

The Criminal Records Service ensures compliance with data security requirements.

OCJ; Chapitre 4 Sécurité des données, exigences techniques, journalisation et communication de données anonymisées
Art. 11 Ordinance of October 19, 2022 on the VOSTRA Computerized Criminal Records (OCJ) - Data Security Open official source

Data security is governed in particular by: a. the Ordinance of August 31, 2022 on Data Protection (OPDo); b. the Ordinance of November 8, 2023 on Information Security.

Connected authorities take appropriate organizational and technical measures within their domain to ensure data security. Connected cantonal authorities shall ensure, within their area of competence, the implementation of minimum computer security requirements (basic IT protection) equivalent to those of the federal administration.

The Criminal Records Service ensures compliance with data security requirements.

OCJ; Chapitre 4 Sécurité des données, exigences techniques, journalisation et communication de données anonymisées
Art. 12 Ordinance of October 19, 2022, on the Electronic Criminal Records System VOSTRA (ECRSO) - Technical Requirements Open official source

The computer systems used by the cantons for data processing in VOSTRA must comply with the technical requirements applicable to information technology at the federal level.

The FDJP may issue instructions to address the details.

OCJ; Chapitre 4 Sécurité des données, exigences techniques, journalisation et communication de données anonymisées
Art. 12 Ordinance of October 19, 2022, on the Electronic Criminal Records System VOSTRA (ECRSO) - Technical Requirements Open official source

The computer systems used by the cantons for data processing in VOSTRA must comply with the technical requirements applicable to information technology at the federal level.

The FDJP may issue instructions to address the details.

OCJ; Chapitre 4 Sécurité des données, exigences techniques, journalisation et communication de données anonymisées
Art. 13 Ordinance of October 19, 2022, on the VOSTRA Computerized Criminal Records (OCJ) - Logging Open official source

All data processing in VOSTRA is logged in accordance with Art. 4 OPDo.

Consultations are logged in accordance with Art. 25 LCJ, in addition to the logging provided for in Art. 4 OPDo.

OCJ; Chapitre 4 Sécurité des données, exigences techniques, journalisation et communication de données anonymisées
Art. 13 Ordinance of October 19, 2022, on the VOSTRA Computerized Criminal Records (OCJ) - Logging Open official source

All data processing in VOSTRA is logged in accordance with Art. 4 OPDo.

Consultations are logged in accordance with Art. 25 LCJ, in addition to the logging provided for in Art. 4 OPDo.

OCJ; Chapitre 4 Sécurité des données, exigences techniques, journalisation et communication de données anonymisées
Art. 14 Ordinance of 19 October 2022 on the VOSTRA Computerized Criminal Records (OCJ) - Communication of Anonymized Data Open official source

The processing of anonymized personal data from VOSTRA for research, planning, and statistical purposes is governed by Art. 39 of the Federal Act of 25 September 2020 on Data Protection.

The Criminal Records Service decides on the corresponding requests.

It sets the conditions by contract that the recipient must meet regarding the processing of anonymized data when necessary to ensure that the data are used securely and for purposes not related to individuals.

OCJ; Chapitre 4 Sécurité des données, exigences techniques, journalisation et communication de données anonymisées
Art. 14 Ordinance of 19 October 2022 on the VOSTRA Computerized Criminal Records (OCJ) - Communication of Anonymized Data Open official source

The processing of anonymized personal data from VOSTRA for research, planning, and statistical purposes is governed by Art. 39 of the Federal Act of 25 September 2020 on Data Protection.

The Criminal Records Service decides on the corresponding requests.

It sets the conditions by contract that the recipient must meet regarding the processing of anonymized data when necessary to ensure that the data are used securely and for purposes not related to individuals.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 15 Ordinance of 19 October 2022 on the VOSTRA Computerized Criminal Records (OCJ) - Identification Data Open official source

The categories and fields of identification data are listed in Annex 1.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 15 Ordinance of 19 October 2022 on the VOSTRA Computerized Criminal Records (OCJ) - Identification Data Open official source

The categories and fields of identification data are listed in Annex 1.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 16 Ordinance of 19 October 2022 on the VOSTRA Computerized Criminal Record (OCCR) - Conditions for Recording Offenses in the Case of a Guilty Verdict Without Penalty Open official source

If, in accordance with Art. 52 of the Penal Code or an analogous provision of a special law, the perpetrator of a crime or misdemeanor is found guilty, but no penalty is imposed because the guilt and consequences of the act are minor, neither the offense nor its legal consequences are recorded in VOSTRA.

If the perpetrator of a contravention is found guilty, but no penalty is imposed because the guilt and consequences of the act are minor, neither the contravention nor its legal consequences are recorded in VOSTRA, even if the judgment also addresses other offenses that are subject to entry in VOSTRA.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 16 Ordinance of 19 October 2022 on the VOSTRA Computerized Criminal Record (OCCR) - Conditions for Recording Offenses in the Case of a Guilty Verdict Without Penalty Open official source

If, in accordance with Art. 52 of the Penal Code or an analogous provision of a special law, the perpetrator of a crime or misdemeanor is found guilty, but no penalty is imposed because the guilt and consequences of the act are minor, neither the offense nor its legal consequences are recorded in VOSTRA.

If the perpetrator of a contravention is found guilty, but no penalty is imposed because the guilt and consequences of the act are minor, neither the contravention nor its legal consequences are recorded in VOSTRA, even if the judgment also addresses other offenses that are subject to entry in VOSTRA.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 17 Ordinance of 19 October 2022 on the VOSTRA Electronic Criminal Records (ECR) - Conditions Applicable to the Recording of Judgments Regarding Offenses Committed Partly Before and Partly After the Age of 18 Open official source

A judgment concerning offenses committed partly before and partly after the offender's 18th birthday is recorded in its entirety as long as it meets the conditions applicable to the recording of offenses committed by an adult (art. 18, para. 1, and 19, lit. d, sec. 1, ECR) or those applicable to the recording of offenses committed by a minor (art. 18, para. 2, and 19, lit. d, sec. 2, ECR).

If sanctions leading to recording are imposed in a judgment rendered abroad, the authority recording it presumes that the sanctions pertain to offenses committed as a minor if they fall under minors' law and to offenses committed as an adult if they fall under adults' law. This presumption can be overturned by presenting a copy of the judgment.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 17 Ordinance of 19 October 2022 on the VOSTRA Electronic Criminal Records (ECR) - Conditions Applicable to the Recording of Judgments Regarding Offenses Committed Partly Before and Partly After the Age of 18 Open official source

A judgment concerning offenses committed partly before and partly after the offender's 18th birthday is recorded in its entirety as long as it meets the conditions applicable to the recording of offenses committed by an adult (art. 18, para. 1, and 19, lit. d, sec. 1, ECR) or those applicable to the recording of offenses committed by a minor (art. 18, para. 2, and 19, lit. d, sec. 2, ECR).

If sanctions leading to recording are imposed in a judgment rendered abroad, the authority recording it presumes that the sanctions pertain to offenses committed as a minor if they fall under minors' law and to offenses committed as an adult if they fall under adults' law. This presumption can be overturned by presenting a copy of the judgment.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 18 Ordinance of October 19, 2022, on the Computerized Criminal Records System VOSTRA (OCJ) - Conditions Applicable to the Entry of Judgments Imposing an Additional Sentence, a Partially Additional Sentence, or an Aggregate Sentence Open official source

The entry of a judgment in which an additional sentence, a partially additional sentence, or an aggregate sentence is imposed is governed by Arts. 18 and 19 LCJ, regardless of the conditions for entering the decisions to which this judgment relates.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 18 Ordinance of October 19, 2022, on the Computerized Criminal Records System VOSTRA (OCJ) - Conditions Applicable to the Entry of Judgments Imposing an Additional Sentence, a Partially Additional Sentence, or an Aggregate Sentence Open official source

The entry of a judgment in which an additional sentence, a partially additional sentence, or an aggregate sentence is imposed is governed by Arts. 18 and 19 LCJ, regardless of the conditions for entering the decisions to which this judgment relates.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 19 Ordinance of 19 October 2022 on the VOSTRA Computerized Criminal Records (OCJ) - Entry of Offenses Sanctioned by a Foreign Judgment Open official source

The analogous offense under Swiss law to that sanctioned by the foreign judgment is entered in VOSTRA if: a. it is included in the list of Art. 30, para. 2, let. c, LCJ; b. the offense was committed during the probation period referred to in Art. 40, para. 3, let. c, LCJ; c. the person concerned has expressly requested the transposition into Swiss law in their request for a report intended for private individuals or a special report; d. a faithful transposition is possible without excessive work, or e. the Criminal Records Service received only a copy of the judgment, which does not need to be recorded in VOSTRA, without a foreign communication form.

If none of the conditions in para. 1 are fulfilled, the mention of the analogous offense under Swiss law is replaced in VOSTRA by: a. the mention “offense under foreign law,” with a reference to the copy of the communication form received from abroad that contains the concrete qualification of the offense under foreign law, and b. a reference category as per paras. 3 to 5.

The reference category designates the class of offenses to which the act sanctioned in the foreign judgment belongs, as an aid to interpreting the communication forms, often filled out in a foreign language.

The Criminal Records Service defines the reference categories based on the titles of the CP and the CPM and on other legal fields.

No reference category is recorded for foreign judgments entered in VOSTRA before the entry into force of the LCJ.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 19 Ordinance of 19 October 2022 on the VOSTRA Computerized Criminal Records (OCJ) - Entry of Offenses Sanctioned by a Foreign Judgment Open official source

The analogous offense under Swiss law to that sanctioned by the foreign judgment is entered in VOSTRA if: a. it is included in the list of Art. 30, para. 2, let. c, LCJ; b. the offense was committed during the probation period referred to in Art. 40, para. 3, let. c, LCJ; c. the person concerned has expressly requested the transposition into Swiss law in their request for a report intended for private individuals or a special report; d. a faithful transposition is possible without excessive work, or e. the Criminal Records Service received only a copy of the judgment, which does not need to be recorded in VOSTRA, without a foreign communication form.

If none of the conditions in para. 1 are fulfilled, the mention of the analogous offense under Swiss law is replaced in VOSTRA by: a. the mention “offense under foreign law,” with a reference to the copy of the communication form received from abroad that contains the concrete qualification of the offense under foreign law, and b. a reference category as per paras. 3 to 5.

The reference category designates the class of offenses to which the act sanctioned in the foreign judgment belongs, as an aid to interpreting the communication forms, often filled out in a foreign language.

The Criminal Records Service defines the reference categories based on the titles of the CP and the CPM and on other legal fields.

No reference category is recorded for foreign judgments entered in VOSTRA before the entry into force of the LCJ.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 20 Ordinance of October 19, 2022, on the Electronic Criminal Records Registry VOSTRA (OCJ) - Recording of Sanctions Open official source

If a judgment is to be recorded, all sanctions prescribed by the Criminal Code (CC), the Military Penal Code (MPC), or the Juvenile Penal Code (JPC), along with all ancillary penalties prescribed by other federal laws pronounced therein, must be registered, subject to paragraph 2.

The following should not be recorded: a. the publication of the judgment (Art. 68 CC and Art. 50 f MPC); b. confiscations as defined by Arts. 69 to 72 CC ordered in a Swiss judgment where the effective or estimated gross value is less than 100,000 francs, confiscations as defined by Arts. 51 to 52 MPC, and confiscations pronounced in a foreign judgment; c. compensations to the injured party (Art. 73 CC and Art. 53 MPC); d. expulsions pronounced in a foreign judgment; e. the enforcement of community service as defined by Art. 81, para. 3 or 4, MPC; f. disciplinary penalties stipulated by the MPC; g. summary penalties.

In cases referred to in para. 2, letters e to g, the corresponding offense should not be recorded either.

If a verdict of guilt without penalty or the exemption of any supplementary penalty is pronounced in a judgment that must be recorded, this information must also be registered, except in cases outlined in Art. 16.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 20 Ordinance of October 19, 2022, on the Electronic Criminal Records Registry VOSTRA (OCJ) - Recording of Sanctions Open official source

If a judgment is to be recorded, all sanctions prescribed by the Criminal Code (CC), the Military Penal Code (MPC), or the Juvenile Penal Code (JPC), along with all ancillary penalties prescribed by other federal laws pronounced therein, must be registered, subject to paragraph 2.

The following should not be recorded: a. the publication of the judgment (Art. 68 CC and Art. 50 f MPC); b. confiscations as defined by Arts. 69 to 72 CC ordered in a Swiss judgment where the effective or estimated gross value is less than 100,000 francs, confiscations as defined by Arts. 51 to 52 MPC, and confiscations pronounced in a foreign judgment; c. compensations to the injured party (Art. 73 CC and Art. 53 MPC); d. expulsions pronounced in a foreign judgment; e. the enforcement of community service as defined by Art. 81, para. 3 or 4, MPC; f. disciplinary penalties stipulated by the MPC; g. summary penalties.

In cases referred to in para. 2, letters e to g, the corresponding offense should not be recorded either.

If a verdict of guilt without penalty or the exemption of any supplementary penalty is pronounced in a judgment that must be recorded, this information must also be registered, except in cases outlined in Art. 16.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 21 Ordinance of 19 October 2022 on the Computerized Criminal Records VOSTRA (OCR) - Structure of Data Relating to Judgments Open official source

The categories and data fields related to judgments that must be entered are listed in Annex 2.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 21 Ordinance of 19 October 2022 on the Computerized Criminal Records VOSTRA (OCR) - Structure of Data Relating to Judgments Open official source

The categories and data fields related to judgments that must be entered are listed in Annex 2.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 22 Ordinance of 19 October 2022 on the VOSTRA Electronic Criminal Register (OCJ) - Entry of Subsequent Decisions and Data Structure Open official source

The following subsequent decisions must be recorded in VOSTRA: a. the conditional release from the execution of a custodial sentence or deprivation of liberty, including substitute penalties (Art. 86 CC, Art. 28, para. 1, DPMin); b. decisions relating to probation associated with the conditional release of a sentence execution as per letter a, namely: 1. the revocation of conditional release (Art. 89, para. 1, CC, Art. 89, para. 2, 4th sentence, CC in connection with Art. 95, para. 5, CC, Art. 89, para. 3, CC in connection with Art. 95, para. 5, CC, Art. 95, para. 5, CC, Art. 31, para. 1, DPMin), 2. the non-revocation of conditional release (Art. 89, para. 2, 1st sentence, CC, Art. 31, para. 3, DPMin), 3. the partial revocation of conditional release (Art. 31, para. 1, DPMin), 4. the later determination of an aggregate sentence (Art. 89, para. 6, CC in connection with Art. 49 CC, Art. 31, para. 2, DPMin); it is registered in VOSTRA as a modification of the judgment pronouncing the redefined sanction, 5. the warning (Art. 89, para. 2, 2nd sentence, CC, Art. 31, para. 3, DPMin), 6. the extension of the probation period (Art. 87, para. 3, CC, Art. 89, para. 2, 2nd sentence, CC, Art. 89, para. 3, CC in connection with Art. 95, para. 4, let. a, CC, Art. 95, para. 4, let. a, CC, Art. 31, para. 3, DPMin), 7. the prescription of probation assistance (Art. 87, para. 2, CC, Art. 89, para. 2, 4th sentence, CC in connection with Art. 95, para. 4, let. b, CC, Art. 89, para. 3, CC in connection with Art. 95, para. 4, let. b, CC, Art. 95, para. 4, let. b, CC), 8. the lifting of probation assistance (Art. 89, para. 2, 4th sentence, CC in connection with Art. 95, para. 4, let. b, CC, Art. 89, para. 3, CC in connection with Art. 95, para. 4, let. b, CC, Art. 95, para. 4, let. b, CC), 9. the designation of an accompanying person (Art. 29, para. 3, DPMin), 10. the lifting of accompaniment, 11. the prescription of conduct rules (Art. 89, para. 2, 4th sentence, CC in connection with Art. 95, para. 4, let. c, CC, Art. 87, para. 2, CC, Art. 89, para. 3, CC in connection with Art. 95, para. 4, let. c, CC, Art. 95, para. 4, let. c, CC, Art. 29, para. 2, DPMin), 12. the lifting of conduct rules (Art. 89, para. 2, 4th sentence, CC in connection with Art. 95, para. 4, let. c, CC, Art. 89, para. 3, CC in connection with Art. 95, para. 4, let. c, CC, Art. 95, para. 4, let. c, CC), 13. the modification of conduct rules (Art. 89, para. 2, 4th sentence, CC in connection with Art. 95, para. 4, let. c, CC, Art. 89, para. 3, CC in connection with Art. 95, para. 4, let. c, CC, Art. 95, para. 4, let. c, CC); c. the conditional release from the execution of an institutional therapeutic measure (Art. 62, para. 1, CC) or from internment (Art. 64a, para. 1, CC); d. decisions relating to probation associated with the conditional release of a measure execution as per letter c, namely: 1. the revocation of conditional release (Art. 62a, para. 1, let. a, CC, Art. 62a, para. 3, CC, Art. 62a, para. 6, CC in connection with Art. 95, para. 5, CC, Art. 64a, para. 3, CC, Art. 64a, para. 4, CC in connection with Art. 95, para. 5, CC, Art. 64c, para. 4, 2nd sentence, CC in connection with Art. 95, para. 5, CC, Art. 95, para. 5, CC), 2. the non-revocation of conditional release (Art. 62a, para. 5, CC), 3. the later determination of an aggregate sentence (Art. 62a, para. 2, CC); it is registered in VOSTRA as a modification of the judgment pronouncing the redefined sanction, 4. the warning (Art. 62a, para. 5, let. a, CC), 5. the extension of the probation period (Art. 62a, para. 5, let. d, CC, Art. 62a, para. 6, CC in connection with Art. 95, para. 4, let. a, CC, Art. 64a, para. 2, CC, Art. 64a, para. 4, CC in connection with Art. 95, para. 4, let. a, CC, Art. 64c, para. 4, 2nd sentence, CC in connection with Art. 95, para. 4, let. a, CC, Art. 95, para. 4, let. a, CC), 6. the prescription of probation assistance (Art. 62, para. 3, CC, Art. 62a, para. 5, let. b, CC, Art. 62a, para. 6, CC in connection with Art. 95, para. 4, let. b, CC, Art. 64a, para. 1, Art. 64a, para. 4, CC in connection with Art. 95, para. 4, let. b, CC, Art. 64c, para. 4, 2nd sentence, CC in connection with Art. 95, para. 4, let. b, CC, Art. 95, para. 4, let. b, CC), 7. the lifting of probation assistance (Art. 62a, para. 6, CC in connection with Art. 95, para. 4, let. b, CC, Art. 64a, para. 4, CC in connection with Art. 95, para. 4, let. b, CC, Art. 64c, para. 4, 2nd sentence, CC in connection with Art. 95, para. 4, let. b, CC, Art. 95, para. 4, let. b, CC), 8. the prescription of conduct rules (Art. 62, para. 3, CC, Art. 62a, para. 5, let. c, CC, Art. 62a, para. 6, CC in connection with Art. 95, para. 4, let. c, CC, Art. 64a, para. 1, CC, Art. 64a, para. 4, CC in connection with Art. 95, para. 4, let. c, CC, Art. 64c, para. 4, 2nd sentence, CC in connection with Art. 95, para. 4, let. c, CC, Art. 95, para. 4, let. c, CC), 9. the lifting of conduct rules (Art. 62a, para. 6, CC in connection with Art. 95, para. 4, let. c, CC, Art. 64a, para. 4, CC in connection with Art. 95, para. 4, let. c, CC, Art. 64c, para. 4, 2nd sentence, CC in connection with Art. 95, para. 4, let. c, CC, Art. 95, para. 4, let. c, CC), 10. the modification of conduct rules (Art. 62a, para. 6, CC in connection with Art. 95, para. 4, let. c, CC, Art. 64a, para. 4, CC in connection with Art. 95, para. 4, let. c, CC, Art. 64c, para. 4, 2nd sentence, CC in connection with Art. 95, para. 4, let. c, CC, Art. 95, para. 4, let. c, CC), 11. the prescription of outpatient treatment (Art. 62, para. 3, CC, Art. 62a, para. 5, let. b, CC), 12. the modification of the measure (Art. 62a, para. 1, let. b, CC), 13. the lifting of the measure with an order for execution of a custodial sentence (Art. 62a, para. 1, let. c, CC); e. the final release: 1. from a fully executed custodial sentence (Art. 88 CC), if a prohibition on exercising an activity, a contact prohibition, or a geographical prohibition according to the CC or MCM is pronounced in the judgment or in a subsequent decision relating to this judgment and the suspension or partial suspension has been revoked during its execution, 2. from an institutional therapeutic measure (Art. 62b, para. 1, CC, Art. 62b, para. 2, CC, Art. 47, para. 1, MCM), 3. from internment (Art. 64a, para. 5, CC); f. decisions regarding a suspended sentence or partial suspension rendered due to probation failure or other reasons, namely: 1. the revocation of suspension (Art. 46, para. 1, CC, Art. 46, para. 4, CC in connection with Art. 95, para. 5, CC, Art. 95, para. 5, CC, Art. 40, para. 1, MCM, Art. 54 MCM, Art. 35, para. 2, DPMin in connection with Art. 31, para. 1, DPMin), 2. the non-revocation of suspension (Art. 46, para. 2, CC, Art. 55, para. 1, CC, Art. 40, para. 2, MCM, Art. 46a MCM, Art. 35, para. 2, DPMin in connection with Art. 31, para. 3, DPMin), 3. the partial revocation of suspension (Art. 35, para. 2, DPMin in connection with Art. 31, para. 1, DPMin), 4. the later determination of an aggregate sentence (Art. 46, para. 1, 2nd sentence, CC in connection with Art. 49 CC, Art. 40, para. 1, 2nd sentence, MCM in connection with Art. 43 MCM, Art. 35, para. 2, DPMin in connection with Art. 31, para. 2, DPMin); it is registered in VOSTRA as a modification of the judgment pronouncing the redefined sanction, 5. the warning (Art. 46, para. 2, CC, Art. 40, para. 2, MCM, Art. 35, para. 2, DPMin in connection with Art. 31, para. 3, DPMin), 6. the extension of the probation period (Art. 46, para. 2, CC, Art. 46, para. 4, CC in connection with Art. 95, para. 4, let. a, CC, Art. 95, para. 4, let. a, CC, Art. 40, para. 2, MCM, Art. 54, MCM, Art. 35, para. 2, DPMin in connection with Art. 31, para. 3, DPMin), 7. the prescription of probation assistance (Art. 46, para. 2, 3rd sentence, CC, Art. 46, para. 4, CC in connection with Art. 95, para. 4, let. b, CC, Art. 95, para. 4, let. b, CC, Art. 40, para. 2, 3rd sentence, MCM, Art. 54 MCM), 8. the lifting of probation assistance (Art. 46, para. 4, CC in connection with Art. 95, para. 4, let. b, CC, Art. 95, para. 4, let. b, CC, Art. 54 MCM), 9. the prescription of conduct rules (Art. 46, para. 2, 3rd sentence, CC, Art. 46, para. 4, CC in connection with Art. 95, para. 4, let. c, CC, Art. 95, para. 4, let. c, CC, Art. 40, para. 2, 3rd sentence, MCM, Art. 54 MCM), 10. the lifting of conduct rules (Art. 46, para. 4, CC in connection with Art. 95, para. 4, let. c, CC, Art. 95, para. 4, let. c, CC, Art. 54 MCM), 11. the modification of conduct rules (Art. 46, para. 4, CC in connection with Art. 95, para. 4, let. c, CC, Art. 95, para. 4, let. c, CC, Art. 54 MCM); g. the lifting of a therapeutic measure, internment, or a protection measure ordered according to DPMin and requiring entry (Art. 56, para. 6, CC, Art. 61, para. 4, 3rd sentence, CC, Art. 62a, para. 1, let. b, CC, Art. 62a, para. 1, let. c, CC, Art. 62c, para. 1, let. a to c, CC, Art. 63a, para. 2, let. a to c, CC, Art. 63a, para. 3, CC, Art. 64, para. 3, CC, Art. 64c, para. 6, CC, Art. 47, para. 1, MCM, Art. 19, para. 1, 2nd sentence, DPMin, Art. 19, para. 2, DPMin); h. the modification of a therapeutic measure, internment, or a protection measure ordered according to DPMin and requiring entry (Art. 62a, para. 1, let. b, CC, Art. 62c, para. 3, CC, Art. 62c, para. 4, CC, Art. 62c, para. 6, CC, Art. 63b, para. 5, CC, Art. 64c, para. 3, CC, Art. 65, para. 1, 1st sentence, CC, Art. 47, para. 1, MCM, Art. 18, para. 1, 1st sentence, DPMin); i. the decision to order a therapeutic measure or internment retroactively (Art. 65, para. 1, 1st and 2nd sentences, CC, Art. 65, para. 2, CC, Art. 47, para. 1, MCM); j. decisions relating to an auxiliary measure for outpatient treatment, namely: 1. the prescription of probation assistance (Art. 63a, para. 4, CC in connection with Art. 95, para. 4, let. b, CC), 2. the lifting of probation assistance (Art. 63a, para. 4, CC in connection with Art. 95, para. 4, let. b, CC), 3. the prescription of conduct rules (Art. 63a, para. 4, CC in connection with Art. 95, para. 4, let. c, CC), 4. the lifting of conduct rules (Art. 63a, para. 4, CC in connection with Art. 95, para. 4, let. c, CC), 5. the modification of conduct rules (Art. 63a, para. 4, CC in connection with Art. 95, para. 4, let. c, CC); k. autonomous subsequent decisions regarding the relation between an institutional measure and a penalty leading to deprivation of liberty, namely: 1. the execution of the remainder of the sentence (Art. 62a, para. 1, let. c, CC, Art. 62c, para. 2, 1st sentence, CC, Art. 63b, para. 2, CC, Art. 63b, para. 3, CC, Art. 32, para. 3, DPMin, Art. 32, para. 4, 2nd sentence, DPMin in connection with Art. 32, para. 3, DPMin), 2. exemption from the execution of the remainder of the sentence (Art. 63b, para. 1, CC, Art. 62b, para. 3, CC, Art. 32, para. 2, DPMin, Art. 32, para. 3, DPMin, Art. 32, para. 4, 2nd sentence, DPMin in connection with Art. 32, paras. 2 and 3, DPMin), 3. the later suspension of the execution of the remainder of the sentence (Art. 62c, para. 2, 2nd sentence, CC, Art. 63b, para. 4, 2nd sentence, CC), 4. the suspension of the execution of the remainder of the sentence in favor of the ongoing measure (Art. 65, para. 1, 3rd sentence, CC, Art. 32, para. 4, 1st sentence, DPMin); l. decisions regarding a prohibition on exercising an activity, a contact prohibition or a geographical prohibition, namely: 1. the lifting of the prohibition (Art. 67c, paras. 4 to 6, CC, Art. 50c, paras. 4 to 6, MCM, Art. 19, para. 1, 2nd sentence, DPMin, Art. 19, para. 2, DPMin), 2. the limitation of the content of the prohibition (Art. 67c, paras. 4 and 5, CC, Art. 50c, paras. 4 and 5, MCM, Art. 18, para. 1, 1st sentence, DPMin), 3. the limitation of the duration of the prohibition (Art. 67c, paras. 4 and 5, CC, Art. 50c, paras. 4 and 5, MCM, Art. 18, para. 1, 1st sentence, DPMin), 4. the extension of the content of the prohibition (Art. 67d, para. 1, CC, Art. 50d, para. 1, MCM, Art. 18, para. 1, 1st sentence, DPMin), 5. the extension of the prohibition (Art. 67, para. 2bis, CC and 67b, para. 5, CC, Art. 50, para. 2bis, MCM and 50b, para. 5, MCM, Art. 18, para. 1, 1st sentence, DPMin), 6. a new prohibition (Art. 67d, paras. 1 and 2, CC, Art. 50d, paras. 1 and 2, MCM, Art. 18, para. 1, 1st sentence, DPMin, Art. 19, para. 4, DPMin), 7. the revocation of suspension or partial suspension or conditional release (Art. 67c, para. 8, CC in connection with Art. 95, para. 5, CC, Art. 50c, para. 8, MCM in connection with Art. 95, para. 5, CC), 8. the extension of the probation period associated with a suspension or partial suspension or conditional release (Art. 67c, para. 8, CC in connection with Art. 95, para. 4, let. a, CC, Art. 50c, para. 8, MCM in connection with Art. 95, para. 4, let. a, CC), 9. the prescription of probation assistance (Art. 67c, paras. 7 and 7bis, CC, Art. 50c, paras. 7 and 7bis, MCM), 10. the lifting of probation assistance (Art. 67c, para. 7, CC, Art. 50c, para. 7, MCM, Art. 67c, para. 8, CC in connection with Art. 95, para. 4, let. b, CC, Art. 50c, para. 8, MCM in connection with Art. 95, para. 4, let. b, CC), 11. the prescription of conduct rules (Art. 67c, para. 8, CC, in connection with Art. 95, para. 4, let. c, CC, Art. 50c, para. 8, MCM in connection with Art. 95, para. 4, let. c, CC), 12. the lifting of conduct rules (Art. 67c, para. 8, CC in connection with Art. 95, para. 4, let. c, CC, Art. 50c, para. 8, MCM in connection with Art. 95, para. 4, let. c, CC), 13. the modification of conduct rules (Art. 67c, para. 8, CC in connection with Art. 95, para. 4, let. c, CC, Art. 50c, para. 8, MCM in connection with Art. 95, para. 4, let. c, CC); m. clemency (Art. 383 CC, Art. 232a MCM) and amnesty (Art. 384 CC, Art. 232e MCM); n. exequatur (Art. 106 of the Federal Act of 20 March 1981 on International Mutual Assistance in Criminal Matters); o. decisions regarding an expulsion, namely: 1. the deferral of the execution of expulsion (Art. 66d CC), 2. the lifting of the deferral of expulsion execution (Art. 66d CC); p. the subsequent infliction of a penalty according to Art. 100ter, para. 4, CC in the version of 18 March 1971.

The categories and data fields related to subsequent decisions that must be recorded are listed in Annex 3 along with the corresponding consultation profiles.

Foreign subsequent decisions that serve the same function as those listed in para. 1 are also recorded in VOSTRA.

If a theoretical end date for the execution is set under Art. 44, it is registered in VOSTRA as long as no subsequent decision properly determines the date on which execution will effectively end.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 22 Ordinance of 19 October 2022 on the VOSTRA Electronic Criminal Register (OCJ) - Entry of Subsequent Decisions and Data Structure Open official source

The following subsequent decisions must be recorded in VOSTRA: a. the conditional release from the execution of a custodial sentence or deprivation of liberty, including substitute penalties (Art. 86 CC, Art. 28, para. 1, DPMin); b. decisions relating to probation associated with the conditional release of a sentence execution as per letter a, namely: 1. the revocation of conditional release (Art. 89, para. 1, CC, Art. 89, para. 2, 4th sentence, CC in connection with Art. 95, para. 5, CC, Art. 89, para. 3, CC in connection with Art. 95, para. 5, CC, Art. 95, para. 5, CC, Art. 31, para. 1, DPMin), 2. the non-revocation of conditional release (Art. 89, para. 2, 1st sentence, CC, Art. 31, para. 3, DPMin), 3. the partial revocation of conditional release (Art. 31, para. 1, DPMin), 4. the later determination of an aggregate sentence (Art. 89, para. 6, CC in connection with Art. 49 CC, Art. 31, para. 2, DPMin); it is registered in VOSTRA as a modification of the judgment pronouncing the redefined sanction, 5. the warning (Art. 89, para. 2, 2nd sentence, CC, Art. 31, para. 3, DPMin), 6. the extension of the probation period (Art. 87, para. 3, CC, Art. 89, para. 2, 2nd sentence, CC, Art. 89, para. 3, CC in connection with Art. 95, para. 4, let. a, CC, Art. 95, para. 4, let. a, CC, Art. 31, para. 3, DPMin), 7. the prescription of probation assistance (Art. 87, para. 2, CC, Art. 89, para. 2, 4th sentence, CC in connection with Art. 95, para. 4, let. b, CC, Art. 89, para. 3, CC in connection with Art. 95, para. 4, let. b, CC, Art. 95, para. 4, let. b, CC), 8. the lifting of probation assistance (Art. 89, para. 2, 4th sentence, CC in connection with Art. 95, para. 4, let. b, CC, Art. 89, para. 3, CC in connection with Art. 95, para. 4, let. b, CC, Art. 95, para. 4, let. b, CC), 9. the designation of an accompanying person (Art. 29, para. 3, DPMin), 10. the lifting of accompaniment, 11. the prescription of conduct rules (Art. 89, para. 2, 4th sentence, CC in connection with Art. 95, para. 4, let. c, CC, Art. 87, para. 2, CC, Art. 89, para. 3, CC in connection with Art. 95, para. 4, let. c, CC, Art. 95, para. 4, let. c, CC, Art. 29, para. 2, DPMin), 12. the lifting of conduct rules (Art. 89, para. 2, 4th sentence, CC in connection with Art. 95, para. 4, let. c, CC, Art. 89, para. 3, CC in connection with Art. 95, para. 4, let. c, CC, Art. 95, para. 4, let. c, CC), 13. the modification of conduct rules (Art. 89, para. 2, 4th sentence, CC in connection with Art. 95, para. 4, let. c, CC, Art. 89, para. 3, CC in connection with Art. 95, para. 4, let. c, CC, Art. 95, para. 4, let. c, CC); c. the conditional release from the execution of an institutional therapeutic measure (Art. 62, para. 1, CC) or from internment (Art. 64a, para. 1, CC); d. decisions relating to probation associated with the conditional release of a measure execution as per letter c, namely: 1. the revocation of conditional release (Art. 62a, para. 1, let. a, CC, Art. 62a, para. 3, CC, Art. 62a, para. 6, CC in connection with Art. 95, para. 5, CC, Art. 64a, para. 3, CC, Art. 64a, para. 4, CC in connection with Art. 95, para. 5, CC, Art. 64c, para. 4, 2nd sentence, CC in connection with Art. 95, para. 5, CC, Art. 95, para. 5, CC), 2. the non-revocation of conditional release (Art. 62a, para. 5, CC), 3. the later determination of an aggregate sentence (Art. 62a, para. 2, CC); it is registered in VOSTRA as a modification of the judgment pronouncing the redefined sanction, 4. the warning (Art. 62a, para. 5, let. a, CC), 5. the extension of the probation period (Art. 62a, para. 5, let. d, CC, Art. 62a, para. 6, CC in connection with Art. 95, para. 4, let. a, CC, Art. 64a, para. 2, CC, Art. 64a, para. 4, CC in connection with Art. 95, para. 4, let. a, CC, Art. 64c, para. 4, 2nd sentence, CC in connection with Art. 95, para. 4, let. a, CC, Art. 95, para. 4, let. a, CC), 6. the prescription of probation assistance (Art. 62, para. 3, CC, Art. 62a, para. 5, let. b, CC, Art. 62a, para. 6, CC in connection with Art. 95, para. 4, let. b, CC, Art. 64a, para. 1, Art. 64a, para. 4, CC in connection with Art. 95, para. 4, let. b, CC, Art. 64c, para. 4, 2nd sentence, CC in connection with Art. 95, para. 4, let. b, CC, Art. 95, para. 4, let. b, CC), 7. the lifting of probation assistance (Art. 62a, para. 6, CC in connection with Art. 95, para. 4, let. b, CC, Art. 64a, para. 4, CC in connection with Art. 95, para. 4, let. b, CC, Art. 64c, para. 4, 2nd sentence, CC in connection with Art. 95, para. 4, let. b, CC, Art. 95, para. 4, let. b, CC), 8. the prescription of conduct rules (Art. 62, para. 3, CC, Art. 62a, para. 5, let. c, CC, Art. 62a, para. 6, CC in connection with Art. 95, para. 4, let. c, CC, Art. 64a, para. 1, CC, Art. 64a, para. 4, CC in connection with Art. 95, para. 4, let. c, CC, Art. 64c, para. 4, 2nd sentence, CC in connection with Art. 95, para. 4, let. c, CC, Art. 95, para. 4, let. c, CC), 9. the lifting of conduct rules (Art. 62a, para. 6, CC in connection with Art. 95, para. 4, let. c, CC, Art. 64a, para. 4, CC in connection with Art. 95, para. 4, let. c, CC, Art. 64c, para. 4, 2nd sentence, CC in connection with Art. 95, para. 4, let. c, CC, Art. 95, para. 4, let. c, CC), 10. the modification of conduct rules (Art. 62a, para. 6, CC in connection with Art. 95, para. 4, let. c, CC, Art. 64a, para. 4, CC in connection with Art. 95, para. 4, let. c, CC, Art. 64c, para. 4, 2nd sentence, CC in connection with Art. 95, para. 4, let. c, CC, Art. 95, para. 4, let. c, CC), 11. the prescription of outpatient treatment (Art. 62, para. 3, CC, Art. 62a, para. 5, let. b, CC), 12. the modification of the measure (Art. 62a, para. 1, let. b, CC), 13. the lifting of the measure with an order for execution of a custodial sentence (Art. 62a, para. 1, let. c, CC); e. the final release: 1. from a fully executed custodial sentence (Art. 88 CC), if a prohibition on exercising an activity, a contact prohibition, or a geographical prohibition according to the CC or MCM is pronounced in the judgment or in a subsequent decision relating to this judgment and the suspension or partial suspension has been revoked during its execution, 2. from an institutional therapeutic measure (Art. 62b, para. 1, CC, Art. 62b, para. 2, CC, Art. 47, para. 1, MCM), 3. from internment (Art. 64a, para. 5, CC); f. decisions regarding a suspended sentence or partial suspension rendered due to probation failure or other reasons, namely: 1. the revocation of suspension (Art. 46, para. 1, CC, Art. 46, para. 4, CC in connection with Art. 95, para. 5, CC, Art. 95, para. 5, CC, Art. 40, para. 1, MCM, Art. 54 MCM, Art. 35, para. 2, DPMin in connection with Art. 31, para. 1, DPMin), 2. the non-revocation of suspension (Art. 46, para. 2, CC, Art. 55, para. 1, CC, Art. 40, para. 2, MCM, Art. 46a MCM, Art. 35, para. 2, DPMin in connection with Art. 31, para. 3, DPMin), 3. the partial revocation of suspension (Art. 35, para. 2, DPMin in connection with Art. 31, para. 1, DPMin), 4. the later determination of an aggregate sentence (Art. 46, para. 1, 2nd sentence, CC in connection with Art. 49 CC, Art. 40, para. 1, 2nd sentence, MCM in connection with Art. 43 MCM, Art. 35, para. 2, DPMin in connection with Art. 31, para. 2, DPMin); it is registered in VOSTRA as a modification of the judgment pronouncing the redefined sanction, 5. the warning (Art. 46, para. 2, CC, Art. 40, para. 2, MCM, Art. 35, para. 2, DPMin in connection with Art. 31, para. 3, DPMin), 6. the extension of the probation period (Art. 46, para. 2, CC, Art. 46, para. 4, CC in connection with Art. 95, para. 4, let. a, CC, Art. 95, para. 4, let. a, CC, Art. 40, para. 2, MCM, Art. 54, MCM, Art. 35, para. 2, DPMin in connection with Art. 31, para. 3, DPMin), 7. the prescription of probation assistance (Art. 46, para. 2, 3rd sentence, CC, Art. 46, para. 4, CC in connection with Art. 95, para. 4, let. b, CC, Art. 95, para. 4, let. b, CC, Art. 40, para. 2, 3rd sentence, MCM, Art. 54 MCM), 8. the lifting of probation assistance (Art. 46, para. 4, CC in connection with Art. 95, para. 4, let. b, CC, Art. 95, para. 4, let. b, CC, Art. 54 MCM), 9. the prescription of conduct rules (Art. 46, para. 2, 3rd sentence, CC, Art. 46, para. 4, CC in connection with Art. 95, para. 4, let. c, CC, Art. 95, para. 4, let. c, CC, Art. 40, para. 2, 3rd sentence, MCM, Art. 54 MCM), 10. the lifting of conduct rules (Art. 46, para. 4, CC in connection with Art. 95, para. 4, let. c, CC, Art. 95, para. 4, let. c, CC, Art. 54 MCM), 11. the modification of conduct rules (Art. 46, para. 4, CC in connection with Art. 95, para. 4, let. c, CC, Art. 95, para. 4, let. c, CC, Art. 54 MCM); g. the lifting of a therapeutic measure, internment, or a protection measure ordered according to DPMin and requiring entry (Art. 56, para. 6, CC, Art. 61, para. 4, 3rd sentence, CC, Art. 62a, para. 1, let. b, CC, Art. 62a, para. 1, let. c, CC, Art. 62c, para. 1, let. a to c, CC, Art. 63a, para. 2, let. a to c, CC, Art. 63a, para. 3, CC, Art. 64, para. 3, CC, Art. 64c, para. 6, CC, Art. 47, para. 1, MCM, Art. 19, para. 1, 2nd sentence, DPMin, Art. 19, para. 2, DPMin); h. the modification of a therapeutic measure, internment, or a protection measure ordered according to DPMin and requiring entry (Art. 62a, para. 1, let. b, CC, Art. 62c, para. 3, CC, Art. 62c, para. 4, CC, Art. 62c, para. 6, CC, Art. 63b, para. 5, CC, Art. 64c, para. 3, CC, Art. 65, para. 1, 1st sentence, CC, Art. 47, para. 1, MCM, Art. 18, para. 1, 1st sentence, DPMin); i. the decision to order a therapeutic measure or internment retroactively (Art. 65, para. 1, 1st and 2nd sentences, CC, Art. 65, para. 2, CC, Art. 47, para. 1, MCM); j. decisions relating to an auxiliary measure for outpatient treatment, namely: 1. the prescription of probation assistance (Art. 63a, para. 4, CC in connection with Art. 95, para. 4, let. b, CC), 2. the lifting of probation assistance (Art. 63a, para. 4, CC in connection with Art. 95, para. 4, let. b, CC), 3. the prescription of conduct rules (Art. 63a, para. 4, CC in connection with Art. 95, para. 4, let. c, CC), 4. the lifting of conduct rules (Art. 63a, para. 4, CC in connection with Art. 95, para. 4, let. c, CC), 5. the modification of conduct rules (Art. 63a, para. 4, CC in connection with Art. 95, para. 4, let. c, CC); k. autonomous subsequent decisions regarding the relation between an institutional measure and a penalty leading to deprivation of liberty, namely: 1. the execution of the remainder of the sentence (Art. 62a, para. 1, let. c, CC, Art. 62c, para. 2, 1st sentence, CC, Art. 63b, para. 2, CC, Art. 63b, para. 3, CC, Art. 32, para. 3, DPMin, Art. 32, para. 4, 2nd sentence, DPMin in connection with Art. 32, para. 3, DPMin), 2. exemption from the execution of the remainder of the sentence (Art. 63b, para. 1, CC, Art. 62b, para. 3, CC, Art. 32, para. 2, DPMin, Art. 32, para. 3, DPMin, Art. 32, para. 4, 2nd sentence, DPMin in connection with Art. 32, paras. 2 and 3, DPMin), 3. the later suspension of the execution of the remainder of the sentence (Art. 62c, para. 2, 2nd sentence, CC, Art. 63b, para. 4, 2nd sentence, CC), 4. the suspension of the execution of the remainder of the sentence in favor of the ongoing measure (Art. 65, para. 1, 3rd sentence, CC, Art. 32, para. 4, 1st sentence, DPMin); l. decisions regarding a prohibition on exercising an activity, a contact prohibition or a geographical prohibition, namely: 1. the lifting of the prohibition (Art. 67c, paras. 4 to 6, CC, Art. 50c, paras. 4 to 6, MCM, Art. 19, para. 1, 2nd sentence, DPMin, Art. 19, para. 2, DPMin), 2. the limitation of the content of the prohibition (Art. 67c, paras. 4 and 5, CC, Art. 50c, paras. 4 and 5, MCM, Art. 18, para. 1, 1st sentence, DPMin), 3. the limitation of the duration of the prohibition (Art. 67c, paras. 4 and 5, CC, Art. 50c, paras. 4 and 5, MCM, Art. 18, para. 1, 1st sentence, DPMin), 4. the extension of the content of the prohibition (Art. 67d, para. 1, CC, Art. 50d, para. 1, MCM, Art. 18, para. 1, 1st sentence, DPMin), 5. the extension of the prohibition (Art. 67, para. 2bis, CC and 67b, para. 5, CC, Art. 50, para. 2bis, MCM and 50b, para. 5, MCM, Art. 18, para. 1, 1st sentence, DPMin), 6. a new prohibition (Art. 67d, paras. 1 and 2, CC, Art. 50d, paras. 1 and 2, MCM, Art. 18, para. 1, 1st sentence, DPMin, Art. 19, para. 4, DPMin), 7. the revocation of suspension or partial suspension or conditional release (Art. 67c, para. 8, CC in connection with Art. 95, para. 5, CC, Art. 50c, para. 8, MCM in connection with Art. 95, para. 5, CC), 8. the extension of the probation period associated with a suspension or partial suspension or conditional release (Art. 67c, para. 8, CC in connection with Art. 95, para. 4, let. a, CC, Art. 50c, para. 8, MCM in connection with Art. 95, para. 4, let. a, CC), 9. the prescription of probation assistance (Art. 67c, paras. 7 and 7bis, CC, Art. 50c, paras. 7 and 7bis, MCM), 10. the lifting of probation assistance (Art. 67c, para. 7, CC, Art. 50c, para. 7, MCM, Art. 67c, para. 8, CC in connection with Art. 95, para. 4, let. b, CC, Art. 50c, para. 8, MCM in connection with Art. 95, para. 4, let. b, CC), 11. the prescription of conduct rules (Art. 67c, para. 8, CC, in connection with Art. 95, para. 4, let. c, CC, Art. 50c, para. 8, MCM in connection with Art. 95, para. 4, let. c, CC), 12. the lifting of conduct rules (Art. 67c, para. 8, CC in connection with Art. 95, para. 4, let. c, CC, Art. 50c, para. 8, MCM in connection with Art. 95, para. 4, let. c, CC), 13. the modification of conduct rules (Art. 67c, para. 8, CC in connection with Art. 95, para. 4, let. c, CC, Art. 50c, para. 8, MCM in connection with Art. 95, para. 4, let. c, CC); m. clemency (Art. 383 CC, Art. 232a MCM) and amnesty (Art. 384 CC, Art. 232e MCM); n. exequatur (Art. 106 of the Federal Act of 20 March 1981 on International Mutual Assistance in Criminal Matters); o. decisions regarding an expulsion, namely: 1. the deferral of the execution of expulsion (Art. 66d CC), 2. the lifting of the deferral of expulsion execution (Art. 66d CC); p. the subsequent infliction of a penalty according to Art. 100ter, para. 4, CC in the version of 18 March 1971.

The categories and data fields related to subsequent decisions that must be recorded are listed in Annex 3 along with the corresponding consultation profiles.

Foreign subsequent decisions that serve the same function as those listed in para. 1 are also recorded in VOSTRA.

If a theoretical end date for the execution is set under Art. 44, it is registered in VOSTRA as long as no subsequent decision properly determines the date on which execution will effectively end.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 23 Ordinance of 19 October 2022 on the VOSTRA Electronic Criminal Records (OCJ) - Recording of Electronic Copies of Judgments and Subsequent Decisions Open official source

An electronic copy must be registered in VOSTRA pursuant to Art. 22, para. 1, LCJ under the following conditions: a. the copy of a judgment is registered if the person concerned was at least 18 years old at the time they committed one of the offenses; b. the copy of a subsequent decision is registered if the person concerned was at least 18 years old at the time the decision was rendered.

If a reasoned judgment is available at the time when entry into force is confirmed, a copy is registered. In the absence thereof, a copy of the operative part of the judgment is recorded in VOSTRA. If the judgment is reasoned at a later date and the reasoning pertains to the offense or the sentence, the copy of the operative part of the judgment is replaced by the copy of this reasoned judgment.

When judgments enter into force in a staggered manner, a copy of each is registered.

The copy of a decision correcting a recorded judgment must be registered.

Copies are registered in their entirety and without redaction, even if they contain data unrelated to the criminal data that must be recorded.

They must not be accompanied by a signature.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 23 Ordinance of 19 October 2022 on the VOSTRA Electronic Criminal Records (OCJ) - Recording of Electronic Copies of Judgments and Subsequent Decisions Open official source

An electronic copy must be registered in VOSTRA pursuant to Art. 22, para. 1, LCJ under the following conditions: a. the copy of a judgment is registered if the person concerned was at least 18 years old at the time they committed one of the offenses; b. the copy of a subsequent decision is registered if the person concerned was at least 18 years old at the time the decision was rendered.

If a reasoned judgment is available at the time when entry into force is confirmed, a copy is registered. In the absence thereof, a copy of the operative part of the judgment is recorded in VOSTRA. If the judgment is reasoned at a later date and the reasoning pertains to the offense or the sentence, the copy of the operative part of the judgment is replaced by the copy of this reasoned judgment.

When judgments enter into force in a staggered manner, a copy of each is registered.

The copy of a decision correcting a recorded judgment must be registered.

Copies are registered in their entirety and without redaction, even if they contain data unrelated to the criminal data that must be recorded.

They must not be accompanied by a signature.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 24 Ordinance of 19 October 2022 on the Computerized Criminal Records VOSTRA (CCR) - System Data Appearing on Criminal Record Extracts Open official source

The categories and data fields generated by the system that are recorded in VOSTRA and appear on online or printed criminal record extracts are listed: a. in Annex 1, for those related to identification data; b. in Annex 2, for those related to judgments; c. in Annex 3, for those related to subsequent decisions; d. in Annex 4, for those related to ongoing criminal proceedings.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 24 Ordinance of 19 October 2022 on the Computerized Criminal Records VOSTRA (CCR) - System Data Appearing on Criminal Record Extracts Open official source

The categories and data fields generated by the system that are recorded in VOSTRA and appear on online or printed criminal record extracts are listed: a. in Annex 1, for those related to identification data; b. in Annex 2, for those related to judgments; c. in Annex 3, for those related to subsequent decisions; d. in Annex 4, for those related to ongoing criminal proceedings.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 25 Ordinance of 19 October 2022 on the Computerized Criminal Record VOSTRA (OCJ) - Automatic Notifications for Data Management Open official source

VOSTRA generates notifications addressed to specific authorities to act as follows: a. daily, notifications to criminal judicial authorities, enforcement authorities, clemency authorities, and administrative penal authorities as per Art. 23, para. 1, letter b, of the Criminal Records Law (LCJ), when a crime, an offense, or a breach of foreign law committed during a probation period associated with a suspended sentence, partial suspended sentence, or conditional release that has not been revoked is newly recorded, unless 3 years have passed since the end of the probation period and the authority to whom the notification is addressed according to VOSTRA has already issued and recorded a subsequent decision concerning the probation failure: for these authorities to check whether there has been a failure in the probation period and, if the failure has not been declared, to make a decision and record it in VOSTRA (subsequent decision) or, if the notification reveals incorrect data, to correct them; b. daily, to the procedure management authority, notifications according to Art. 23, para. 1, letter c, LCJ, when a pending criminal procedure has been recorded for more than 2 years, then, if the procedure is not manually removed, the same notification at intervals of one year at most: for the authority to verify whether the criminal procedure is still ongoing and to update the data if necessary; c. weekly, to the competent enforcement authorities, notifications according to Art. 23, para. 1, letter c, LCJ, when the end of an institutional measure or outpatient treatment is not yet recorded in VOSTRA 5 years after the measure or treatment was ordered, then, if necessary, the same notification at intervals of 5 years: for these authorities to verify if the measure is still being executed and subsequently record a decision about the end of the measure, if it is missing (subsequent decision), for the purpose of calculating the deadlines after which the judgment ceases to appear on the criminal record extract under Art. 30, para. 3, letter b, or 38, para. 4, letter b, LCJ; d. annually, to the Criminal Records Service, notifications indicating that a person registered in VOSTRA has reached the age of 80, 85, 90, or 95 during the concerned year: for this service to verify whether the person concerned is still alive in accordance with Art. 29, para. 3, LCJ, and if necessary, to eliminate their file in accordance with Art. 29, para. 1, LCJ; e. without delay, to the Criminal Records Service, notifications as per Art. 23, para. 1, letter d, LCJ, when the Compensation Center (CdC) refuses to automatically assign an AVS number to a primary identity entered in VOSTRA or refuses to modify primary attributes: for this service to correct the identification data or assign the penal data to another person; f. weekly, to all authorities responsible for executing judgments or subsequent decisions regarding a custodial sanction entered in VOSTRA, notifications as per Art. 23, para. 1, letter e, LCJ, when a new prohibition on exercising an activity, a contact prohibition, or a geographical prohibition as provided by the CP or CPM is newly recorded in Switzerland against the concerned person, except for the prohibitions under Art. 67, para. 3 or 4, CP, or Art. 50, para. 3 or 4, CPM pronounced for life and without the possibility of reducing the duration, or when a custodial sanction or the end of the execution of a custodial sanction is newly recorded against a person already subject to such a prohibition: for these authorities to record in VOSTRA the start and end dates of the execution of all custodial sanctions of the record under Art. 20, para. 2, LCJ, so that the system can calculate the period during which the prohibition is not in effect according to Art. 67c, para. 2, CP or Art. 50c, para. 2, CPM; g. weekly, to the Criminal Records Service, notifications signaling the elimination of a file containing the indication referred to in Annex 2, ch. 3.4.5.5: for this service to destroy the documents it retains regarding the approval of the request for calculating a deadline for elimination under Art. 30, para. 2, letter n, final passage, LCJ; h. at least annually, to the competent authorities for executing expulsions, notifications signaling all Swiss judgments in which an expulsion is pronounced and for which no departure date is recorded in VOSTRA 5 years after the expulsion was ordered: for these authorities to record in VOSTRA the data related to the execution concerning the start of the expulsion period (Annex 2, ch. 3.4.5.2 and 3.4.5.3); i. weekly, to the Criminal Records Service, notifications indicating that a new confiscation has been recorded: for this service to verify the registration conditions under Art. 20, para. 2, letter b, and to transmit the electronic copies of judgments under Art. 61 LCJ and Art. 57 of this ordinance; j. weekly, to the Criminal Records Service, notifications indicating that a judgment has been recorded without any rule programmed for calculating the deadline for data elimination: for this service to verify that the data are complete; k. weekly, to authorities who have recorded a judgment or a subsequent decision after the entry into force of this ordinance, notifications signaling that a copy required to be recorded according to Art. 22 LCJ and Art. 23, para. 1, of this ordinance is missing: for these authorities to subsequently record the copies referred to by Art. 22 LCJ and by Art. 23 of this ordinance; l. every two months, to the Criminal Records Service, notifications indicating that an offense recorded in VOSTRA as a "foreign law offense" was committed during a probation period under Art. 40, para. 3, letter c, LCJ: for this service to translate the offense into Swiss law, so that the system correctly recognizes a probation failure due to a crime or offense in the case of judgments in which a fine is pronounced pursuant to Art. 40, para. 3, letter c, LCJ; m. daily, to the Criminal Records Service, notifications indicating that a verdict of guilt without penalty or the exemption from any complementary penalty was pronounced concurrently with another sanction affecting the calculation of deadlines in a Swiss judgment rendered against an adult or concerning offenses committed before and after the age of 18 of the sanctioned author punishing at least one crime or offense and at least one contravention: for this service to verify the registration conditions under Art. 40, para. 1, letter b, ch. 1, LCJ; n. daily, to the Criminal Records Service, notifications indicating that an activity prohibition, contact prohibition, or geographical prohibition has been pronounced in a Swiss judgment concerning offenses committed before and after the age of 18 of the author, where those committed as an adult are only contraventions: for this service to verify the registration conditions under Art. 40, para. 1, letter b, ch. 2, LCJ; o. daily, to the procedure management leading an already registered ongoing criminal procedure, notifications indicating that another procedure management has newly recorded in VOSTRA a criminal procedure against the same person: to improve coordination of procedures and for this authority to verify the accuracy of the data it holds.

The categories and data fields related to the notifications generated by the system are listed in Annex 5.

The authorities to whom the notifications are addressed according to para. 1 transmit notifications not falling within their jurisdiction to the competent authority.

The authorities managing VOSTRA send the received notifications to the authorities to whom they are addressed and within their jurisdiction.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 25 Ordinance of 19 October 2022 on the Computerized Criminal Record VOSTRA (OCJ) - Automatic Notifications for Data Management Open official source

VOSTRA generates notifications addressed to specific authorities to act as follows: a. daily, notifications to criminal judicial authorities, enforcement authorities, clemency authorities, and administrative penal authorities as per Art. 23, para. 1, letter b, of the Criminal Records Law (LCJ), when a crime, an offense, or a breach of foreign law committed during a probation period associated with a suspended sentence, partial suspended sentence, or conditional release that has not been revoked is newly recorded, unless 3 years have passed since the end of the probation period and the authority to whom the notification is addressed according to VOSTRA has already issued and recorded a subsequent decision concerning the probation failure: for these authorities to check whether there has been a failure in the probation period and, if the failure has not been declared, to make a decision and record it in VOSTRA (subsequent decision) or, if the notification reveals incorrect data, to correct them; b. daily, to the procedure management authority, notifications according to Art. 23, para. 1, letter c, LCJ, when a pending criminal procedure has been recorded for more than 2 years, then, if the procedure is not manually removed, the same notification at intervals of one year at most: for the authority to verify whether the criminal procedure is still ongoing and to update the data if necessary; c. weekly, to the competent enforcement authorities, notifications according to Art. 23, para. 1, letter c, LCJ, when the end of an institutional measure or outpatient treatment is not yet recorded in VOSTRA 5 years after the measure or treatment was ordered, then, if necessary, the same notification at intervals of 5 years: for these authorities to verify if the measure is still being executed and subsequently record a decision about the end of the measure, if it is missing (subsequent decision), for the purpose of calculating the deadlines after which the judgment ceases to appear on the criminal record extract under Art. 30, para. 3, letter b, or 38, para. 4, letter b, LCJ; d. annually, to the Criminal Records Service, notifications indicating that a person registered in VOSTRA has reached the age of 80, 85, 90, or 95 during the concerned year: for this service to verify whether the person concerned is still alive in accordance with Art. 29, para. 3, LCJ, and if necessary, to eliminate their file in accordance with Art. 29, para. 1, LCJ; e. without delay, to the Criminal Records Service, notifications as per Art. 23, para. 1, letter d, LCJ, when the Compensation Center (CdC) refuses to automatically assign an AVS number to a primary identity entered in VOSTRA or refuses to modify primary attributes: for this service to correct the identification data or assign the penal data to another person; f. weekly, to all authorities responsible for executing judgments or subsequent decisions regarding a custodial sanction entered in VOSTRA, notifications as per Art. 23, para. 1, letter e, LCJ, when a new prohibition on exercising an activity, a contact prohibition, or a geographical prohibition as provided by the CP or CPM is newly recorded in Switzerland against the concerned person, except for the prohibitions under Art. 67, para. 3 or 4, CP, or Art. 50, para. 3 or 4, CPM pronounced for life and without the possibility of reducing the duration, or when a custodial sanction or the end of the execution of a custodial sanction is newly recorded against a person already subject to such a prohibition: for these authorities to record in VOSTRA the start and end dates of the execution of all custodial sanctions of the record under Art. 20, para. 2, LCJ, so that the system can calculate the period during which the prohibition is not in effect according to Art. 67c, para. 2, CP or Art. 50c, para. 2, CPM; g. weekly, to the Criminal Records Service, notifications signaling the elimination of a file containing the indication referred to in Annex 2, ch. 3.4.5.5: for this service to destroy the documents it retains regarding the approval of the request for calculating a deadline for elimination under Art. 30, para. 2, letter n, final passage, LCJ; h. at least annually, to the competent authorities for executing expulsions, notifications signaling all Swiss judgments in which an expulsion is pronounced and for which no departure date is recorded in VOSTRA 5 years after the expulsion was ordered: for these authorities to record in VOSTRA the data related to the execution concerning the start of the expulsion period (Annex 2, ch. 3.4.5.2 and 3.4.5.3); i. weekly, to the Criminal Records Service, notifications indicating that a new confiscation has been recorded: for this service to verify the registration conditions under Art. 20, para. 2, letter b, and to transmit the electronic copies of judgments under Art. 61 LCJ and Art. 57 of this ordinance; j. weekly, to the Criminal Records Service, notifications indicating that a judgment has been recorded without any rule programmed for calculating the deadline for data elimination: for this service to verify that the data are complete; k. weekly, to authorities who have recorded a judgment or a subsequent decision after the entry into force of this ordinance, notifications signaling that a copy required to be recorded according to Art. 22 LCJ and Art. 23, para. 1, of this ordinance is missing: for these authorities to subsequently record the copies referred to by Art. 22 LCJ and by Art. 23 of this ordinance; l. every two months, to the Criminal Records Service, notifications indicating that an offense recorded in VOSTRA as a "foreign law offense" was committed during a probation period under Art. 40, para. 3, letter c, LCJ: for this service to translate the offense into Swiss law, so that the system correctly recognizes a probation failure due to a crime or offense in the case of judgments in which a fine is pronounced pursuant to Art. 40, para. 3, letter c, LCJ; m. daily, to the Criminal Records Service, notifications indicating that a verdict of guilt without penalty or the exemption from any complementary penalty was pronounced concurrently with another sanction affecting the calculation of deadlines in a Swiss judgment rendered against an adult or concerning offenses committed before and after the age of 18 of the sanctioned author punishing at least one crime or offense and at least one contravention: for this service to verify the registration conditions under Art. 40, para. 1, letter b, ch. 1, LCJ; n. daily, to the Criminal Records Service, notifications indicating that an activity prohibition, contact prohibition, or geographical prohibition has been pronounced in a Swiss judgment concerning offenses committed before and after the age of 18 of the author, where those committed as an adult are only contraventions: for this service to verify the registration conditions under Art. 40, para. 1, letter b, ch. 2, LCJ; o. daily, to the procedure management leading an already registered ongoing criminal procedure, notifications indicating that another procedure management has newly recorded in VOSTRA a criminal procedure against the same person: to improve coordination of procedures and for this authority to verify the accuracy of the data it holds.

The categories and data fields related to the notifications generated by the system are listed in Annex 5.

The authorities to whom the notifications are addressed according to para. 1 transmit notifications not falling within their jurisdiction to the competent authority.

The authorities managing VOSTRA send the received notifications to the authorities to whom they are addressed and within their jurisdiction.

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Art. 26 Ordinance of October 19, 2022, on the VOSTRA Criminal Records Information System (OCJ) - Entry of Data Related to Ongoing Criminal Proceedings Open official source

The categories and data fields related to ongoing criminal proceedings that must be entered are listed in Annex 4 along with the corresponding access profiles.

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Art. 26 Ordinance of October 19, 2022, on the VOSTRA Criminal Records Information System (OCJ) - Entry of Data Related to Ongoing Criminal Proceedings Open official source

The categories and data fields related to ongoing criminal proceedings that must be entered are listed in Annex 4 along with the corresponding access profiles.

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Art. 27 Ordinance of October 19, 2022, on the Computerized Criminal Records VOSTRA (CCR) - Competent Authority for Recording a Delegation of Proceedings Open official source

The authority that delegates a criminal proceeding records the change in the direction of the proceeding.

It informs the new competent authority that it has delegated the proceeding to it. The new authority immediately updates the information related to the ongoing criminal proceeding.

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Art. 27 Ordinance of October 19, 2022, on the Computerized Criminal Records VOSTRA (CCR) - Competent Authority for Recording a Delegation of Proceedings Open official source

The authority that delegates a criminal proceeding records the change in the direction of the proceeding.

It informs the new competent authority that it has delegated the proceeding to it. The new authority immediately updates the information related to the ongoing criminal proceeding.

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Art. 28 Ordinance of October 19, 2022, on the VOSTRA Computerized Criminal Records (OCR) - Logging of Consultations Conducted by Authorities Open official source

The categories and data fields related to online consultations automatically recorded in accordance with Art. 25 of the Criminal Records Act (LCJ) are listed in Annex 6.

The Criminal Records Service may access all the logged data mentioned in Annex 6.

Any individual may access only the logged data concerning themselves mentioned in Annex 6, which must be communicated to them pursuant to Art. 57 LCJ.

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Art. 28 Ordinance of October 19, 2022, on the VOSTRA Computerized Criminal Records (OCR) - Logging of Consultations Conducted by Authorities Open official source

The categories and data fields related to online consultations automatically recorded in accordance with Art. 25 of the Criminal Records Act (LCJ) are listed in Annex 6.

The Criminal Records Service may access all the logged data mentioned in Annex 6.

Any individual may access only the logged data concerning themselves mentioned in Annex 6, which must be communicated to them pursuant to Art. 57 LCJ.

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Art. 29 Ordinance of 19 October 2022 on the VOSTRA Computerized Criminal Records (CCRO) - Data Concerning Online Requests for Extracts from a Foreign Criminal Record Open official source

The categories and data fields related to online requests for extracts from a foreign criminal record are listed in Annex 7.

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Art. 29 Ordinance of 19 October 2022 on the VOSTRA Computerized Criminal Records (CCRO) - Data Concerning Online Requests for Extracts from a Foreign Criminal Record Open official source

The categories and data fields related to online requests for extracts from a foreign criminal record are listed in Annex 7.

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Art. 30 Ordinance of October 19, 2022, on the VOSTRA Electronic Criminal Records (OCJ) - Data Concerning Requests for Extracts Intended for Private Individuals and Special Extracts Open official source

The categories and data fields of the auxiliary database related to requests for extracts intended for private individuals and special extracts are listed in Appendix 8. When preparing an extract intended for private individuals or a special extract, the necessary data for this purpose is transferred into VOSTRA from the auxiliary database. Additional data may be generated in VOSTRA during the processing procedure. The data related to requests for extracts that are recorded in VOSTRA are listed in Appendix 8.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 30 Ordinance of October 19, 2022, on the VOSTRA Electronic Criminal Records (OCJ) - Data Concerning Requests for Extracts Intended for Private Individuals and Special Extracts Open official source

The categories and data fields of the auxiliary database related to requests for extracts intended for private individuals and special extracts are listed in Appendix 8. When preparing an extract intended for private individuals or a special extract, the necessary data for this purpose is transferred into VOSTRA from the auxiliary database. Additional data may be generated in VOSTRA during the processing procedure. The data related to requests for extracts that are recorded in VOSTRA are listed in Appendix 8.

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Art. 31 Ordinance of October 19, 2022, on the Computerized Criminal Records VOSTRA (OCJ) - Data Analysis Searches by the Criminal Records Service Open official source

The Criminal Records Service may conduct searches in VOSTRA for data analysis purposes, insofar as required for the fulfillment of its duties.

In particular, it may perform the following data analyses, for the purposes stated below: a. analysis of the frequency of VOSTRA usage, based on the number of consultations and entries made by an authority and its users over a given period: to monitor the conditions for granting online connections in accordance with Art. 8, para. 1, let. e; b. analysis of judgments and subsequent decisions entered, based on a list of all data entered by a user over a given period: to monitor compliance with data entry in accordance with Art. 3, para. 2, let. g, LCJ; c. analysis of the entry dates of judgments, subsequent decisions, or ongoing criminal procedures, based on a list of those recorded outside the prescribed timeframe: to monitor compliance with the entry deadlines provided for in Arts. 33 and 34.

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Art. 31 Ordinance of October 19, 2022, on the Computerized Criminal Records VOSTRA (OCJ) - Data Analysis Searches by the Criminal Records Service Open official source

The Criminal Records Service may conduct searches in VOSTRA for data analysis purposes, insofar as required for the fulfillment of its duties.

In particular, it may perform the following data analyses, for the purposes stated below: a. analysis of the frequency of VOSTRA usage, based on the number of consultations and entries made by an authority and its users over a given period: to monitor the conditions for granting online connections in accordance with Art. 8, para. 1, let. e; b. analysis of judgments and subsequent decisions entered, based on a list of all data entered by a user over a given period: to monitor compliance with data entry in accordance with Art. 3, para. 2, let. g, LCJ; c. analysis of the entry dates of judgments, subsequent decisions, or ongoing criminal procedures, based on a list of those recorded outside the prescribed timeframe: to monitor compliance with the entry deadlines provided for in Arts. 33 and 34.

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Art. 32 Ordinance of 19 October 2022 on the VOSTRA Computerized Criminal Record (OCJ) - Time Limit for Entering Identification Data Open official source

The identification data referred to in Art. 17 of the LCJ shall be entered simultaneously with the data to which they relate, within the deadlines set for the latter.

Any modification affecting only the identification data must be entered immediately.

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Art. 32 Ordinance of 19 October 2022 on the VOSTRA Computerized Criminal Record (OCJ) - Time Limit for Entering Identification Data Open official source

The identification data referred to in Art. 17 of the LCJ shall be entered simultaneously with the data to which they relate, within the deadlines set for the latter.

Any modification affecting only the identification data must be entered immediately.

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Art. 33 Ordinance of October 19, 2022, on the VOSTRA Criminal Records System (OCJ) - Time Limit for Entering Judgments, Subsequent Decisions, and Execution-Related Data Open official source

Judgments, subsequent decisions, and execution-related data must be entered within the following time limits: a. judgments and subsequent decisions rendered in Switzerland: within 10 working days following the confirmation of their entry into force; b. judgments and subsequent decisions rendered abroad: within 2 months following receipt of their communication, unless, exceptionally, clarifications are needed from the concerned State or it is not possible to find enough specialized translators due to the number of received communications; c. judgments and subsequent decisions only partially in force: as an integral part of the judgment or subsequent decision rendered by the superior instance and entered into force, within the time limits provided for the entry of that judgment or decision; d. the translation, into other languages used in VOSTRA, of the original version already recorded of activity bans, contact bans, and geographic bans: within 10 working days following receipt of the judgment by the competent federal translation services; e. electronic copies mentioned in Art. 22 LCJ: at the same time as the structured data to which they relate; f. electronic copies of reasoned decisions after their entry into force as per Art. 23, para. 2: within 10 working days following the drafting of the decision; g. data concerning the period during which a ban on exercising an activity, a contact ban, or a geographic ban per the CP or CPM is not running according to Art. 20, para. 2, LCJ: within 10 working days following the start or end of the execution of the custodial sentence or, if the competent authority was unaware that a ban had been pronounced, within 10 working days following receipt of the notice generated by VOSTRA; h. data necessary to calculate the duration of an expulsion from Switzerland as referred to in Art. 20, para. 3, let. a, LCJ: within 10 working days following the day the competent authority became aware of the reason for departure; i. approval of a request for calculating a period for removal as per Art. 30, para. 2, let. n, in fine, LCJ: immediately.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 33 Ordinance of October 19, 2022, on the VOSTRA Criminal Records System (OCJ) - Time Limit for Entering Judgments, Subsequent Decisions, and Execution-Related Data Open official source

Judgments, subsequent decisions, and execution-related data must be entered within the following time limits: a. judgments and subsequent decisions rendered in Switzerland: within 10 working days following the confirmation of their entry into force; b. judgments and subsequent decisions rendered abroad: within 2 months following receipt of their communication, unless, exceptionally, clarifications are needed from the concerned State or it is not possible to find enough specialized translators due to the number of received communications; c. judgments and subsequent decisions only partially in force: as an integral part of the judgment or subsequent decision rendered by the superior instance and entered into force, within the time limits provided for the entry of that judgment or decision; d. the translation, into other languages used in VOSTRA, of the original version already recorded of activity bans, contact bans, and geographic bans: within 10 working days following receipt of the judgment by the competent federal translation services; e. electronic copies mentioned in Art. 22 LCJ: at the same time as the structured data to which they relate; f. electronic copies of reasoned decisions after their entry into force as per Art. 23, para. 2: within 10 working days following the drafting of the decision; g. data concerning the period during which a ban on exercising an activity, a contact ban, or a geographic ban per the CP or CPM is not running according to Art. 20, para. 2, LCJ: within 10 working days following the start or end of the execution of the custodial sentence or, if the competent authority was unaware that a ban had been pronounced, within 10 working days following receipt of the notice generated by VOSTRA; h. data necessary to calculate the duration of an expulsion from Switzerland as referred to in Art. 20, para. 3, let. a, LCJ: within 10 working days following the day the competent authority became aware of the reason for departure; i. approval of a request for calculating a period for removal as per Art. 30, para. 2, let. n, in fine, LCJ: immediately.

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Art. 34 Ordinance of October 19, 2022, on the VOSTRA Criminal Records Database (OCJ) - Time Limit for Entering Ongoing Criminal Proceedings Open official source

Ongoing criminal proceedings shall be entered within 10 working days following the formal initiation of the investigation.

If no investigation has been initiated, they shall be entered within 10 working days following the drafting of the penal order.

Significant changes referred to in Art. 24, para. 2, let. e, LCJ shall be entered within 10 working days.

The procedural authority may postpone the entry of an ongoing criminal proceeding as long as its entry is likely to compromise the objectives of said proceeding.

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Art. 34 Ordinance of October 19, 2022, on the VOSTRA Criminal Records Database (OCJ) - Time Limit for Entering Ongoing Criminal Proceedings Open official source

Ongoing criminal proceedings shall be entered within 10 working days following the formal initiation of the investigation.

If no investigation has been initiated, they shall be entered within 10 working days following the drafting of the penal order.

Significant changes referred to in Art. 24, para. 2, let. e, LCJ shall be entered within 10 working days.

The procedural authority may postpone the entry of an ongoing criminal proceeding as long as its entry is likely to compromise the objectives of said proceeding.

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Art. 35 Ordinance of 19 October 2022 on the VOSTRA Computerized Criminal Records (OCJ) - Time Frame for Entering System Data, Data Analysis Searches, and Logged Inquiries Open official source

The system data referred to in Arts. 24 and 25 and those pertaining to data analysis searches as mentioned in Art. 31 are automatically recorded in VOSTRA at the time they are generated.

The data related to logged inquiries referred to in Art. 28 are automatically recorded in VOSTRA as follows: a. regarding the initial entry of criminal data by a user from an authority managing VOSTRA: at the time of the first complete recording of a judgment, a subsequent decision, or an ongoing criminal proceeding; b. regarding the issuance of an extract by a user from an authority managing VOSTRA upon written request from another authority: at the time when the PDF format extract is generated; c. regarding an online inquiry by a user from another authority: at the moment when the criminal data is displayed.

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Art. 35 Ordinance of 19 October 2022 on the VOSTRA Computerized Criminal Records (OCJ) - Time Frame for Entering System Data, Data Analysis Searches, and Logged Inquiries Open official source

The system data referred to in Arts. 24 and 25 and those pertaining to data analysis searches as mentioned in Art. 31 are automatically recorded in VOSTRA at the time they are generated.

The data related to logged inquiries referred to in Art. 28 are automatically recorded in VOSTRA as follows: a. regarding the initial entry of criminal data by a user from an authority managing VOSTRA: at the time of the first complete recording of a judgment, a subsequent decision, or an ongoing criminal proceeding; b. regarding the issuance of an extract by a user from an authority managing VOSTRA upon written request from another authority: at the time when the PDF format extract is generated; c. regarding an online inquiry by a user from another authority: at the moment when the criminal data is displayed.

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Art. 36 Ordinance of October 19, 2022, on the Computerized Criminal Records System VOSTRA (OCJ) - Data Entry Deadline for Online Requests for Extracts from Foreign Criminal Records Open official source

Data concerning online requests for extracts from foreign criminal records are recorded as follows: a. the information provided by the applicant and mentioned in Annex 7, Sections 1 to 3: at the time the request is entered into VOSTRA; b. the information referred to in Annex 7, Sections 4 and 5, recorded by the Criminal Records Service: within 3 working days from the time they are brought to its attention; c. the data referred to in Annex 7, Sections 4 and 5, automatically generated by the application and processing process of extracts: at the end of each stage of the process.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 36 Ordinance of October 19, 2022, on the Computerized Criminal Records System VOSTRA (OCJ) - Data Entry Deadline for Online Requests for Extracts from Foreign Criminal Records Open official source

Data concerning online requests for extracts from foreign criminal records are recorded as follows: a. the information provided by the applicant and mentioned in Annex 7, Sections 1 to 3: at the time the request is entered into VOSTRA; b. the information referred to in Annex 7, Sections 4 and 5, recorded by the Criminal Records Service: within 3 working days from the time they are brought to its attention; c. the data referred to in Annex 7, Sections 4 and 5, automatically generated by the application and processing process of extracts: at the end of each stage of the process.

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Art. 37 Ordinance of October 19, 2022, on the VOSTRA Computerized Criminal Records System (CCR) - Time Limit for Recording Data Regarding Requests for Individual Extracts and Special Extracts Open official source

The data concerning requests for individual extracts and special extracts are recorded in the auxiliary database or in VOSTRA at the end of each stage of processing.

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Art. 37 Ordinance of October 19, 2022, on the VOSTRA Computerized Criminal Records System (CCR) - Time Limit for Recording Data Regarding Requests for Individual Extracts and Special Extracts Open official source

The data concerning requests for individual extracts and special extracts are recorded in the auxiliary database or in VOSTRA at the end of each stage of processing.

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Art. 38 Ordinance of October 19, 2022, on the VOSTRA Criminal Records Database (OCJ) - Elimination of a Judgment Whose Sole Legal Consequence is the Exemption from Any Additional Penalty Open official source

When their sole legal consequence is the exemption from any additional penalty, the judgments mentioned below are eliminated after the following periods: a. judgments rendered in Switzerland against an adult: 15 years from the date they come into force; b. judgments rendered abroad against an adult and adapted by a Swiss exequatur: 15 years from the date they come into force; c. judgments rendered abroad against a minor and adapted by a Swiss exequatur: 8 years from the date they come into force.

An extension of the period referred to in Art. 30, para. 1, LCJ due to another judgment that is not yet subject to elimination is reserved.

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Art. 38 Ordinance of October 19, 2022, on the VOSTRA Criminal Records Database (OCJ) - Elimination of a Judgment Whose Sole Legal Consequence is the Exemption from Any Additional Penalty Open official source

When their sole legal consequence is the exemption from any additional penalty, the judgments mentioned below are eliminated after the following periods: a. judgments rendered in Switzerland against an adult: 15 years from the date they come into force; b. judgments rendered abroad against an adult and adapted by a Swiss exequatur: 15 years from the date they come into force; c. judgments rendered abroad against a minor and adapted by a Swiss exequatur: 8 years from the date they come into force.

An extension of the period referred to in Art. 30, para. 1, LCJ due to another judgment that is not yet subject to elimination is reserved.

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Art. 39 Ordinance of October 19, 2022, on the VOSTRA Computerized Criminal Records (OCJ) - Date at Which a Judgment Whose Sole Legal Consequence is the Exemption from Any Additional Penalty Ceases to Appear on Extracts 2 and 3 Intended for Authorities Open official source

When their sole legal consequence is the exemption from any additional penalty, the judgments mentioned below cease to appear on extracts 2 and 3 intended for authorities after the following periods: a. judgments rendered in Switzerland against an adult: 10 years from their entry into force; b. judgments rendered abroad against an adult and adapted by a Swiss exequatur: 10 years from their entry into force; c. judgments rendered abroad against a minor and adapted by a Swiss exequatur: 5 years from their entry into force.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 39 Ordinance of October 19, 2022, on the VOSTRA Computerized Criminal Records (OCJ) - Date at Which a Judgment Whose Sole Legal Consequence is the Exemption from Any Additional Penalty Ceases to Appear on Extracts 2 and 3 Intended for Authorities Open official source

When their sole legal consequence is the exemption from any additional penalty, the judgments mentioned below cease to appear on extracts 2 and 3 intended for authorities after the following periods: a. judgments rendered in Switzerland against an adult: 10 years from their entry into force; b. judgments rendered abroad against an adult and adapted by a Swiss exequatur: 10 years from their entry into force; c. judgments rendered abroad against a minor and adapted by a Swiss exequatur: 5 years from their entry into force.

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Art. 40 Ordinance of 19 October 2022 on the Criminal Records Register VOSTRA (CRR) - Calculation of Time Limits in Case of a Judgment Regarding a Supplementary Sentence, a Partially Supplementary Sentence, or an Aggregate Sentence Open official source

If a supplementary sentence, a partially supplementary sentence, or an aggregate sentence is pronounced, only the offenses and sanctions addressed in the judgment in which this sentence is pronounced are decisive for the calculation of the time limits after which it is eliminated or ceases to appear on extracts.

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Art. 40 Ordinance of 19 October 2022 on the Criminal Records Register VOSTRA (CRR) - Calculation of Time Limits in Case of a Judgment Regarding a Supplementary Sentence, a Partially Supplementary Sentence, or an Aggregate Sentence Open official source

If a supplementary sentence, a partially supplementary sentence, or an aggregate sentence is pronounced, only the offenses and sanctions addressed in the judgment in which this sentence is pronounced are decisive for the calculation of the time limits after which it is eliminated or ceases to appear on extracts.

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Art. 41 Ordinance of October 19, 2022, on the Computerized Criminal Record VOSTRA (CCR) - Deletion of Data at the Age of 100 Open official source

When a person registered in VOSTRA reaches the age of 100, their death is presumed concerning VOSTRA, and all data relating to them is automatically deleted.

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Art. 41 Ordinance of October 19, 2022, on the Computerized Criminal Record VOSTRA (CCR) - Deletion of Data at the Age of 100 Open official source

When a person registered in VOSTRA reaches the age of 100, their death is presumed concerning VOSTRA, and all data relating to them is automatically deleted.

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Art. 42 Ordinance of October 19, 2022, on the VOSTRA Electronic Criminal Records (OCJ) - Deletion of System-Generated Notices, Data Analysis Searches, and Other Communications Open official source

The following data are automatically deleted two weeks after the competent authority marks them as processed: a. the system-generated notices referred to in Art. 25; b. the data analysis searches referred to in Art. 31; c. the communications referred to in Arts. 56, 58, and 61. They are automatically deleted by VOSTRA no later than one year after their creation.

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Art. 42 Ordinance of October 19, 2022, on the VOSTRA Electronic Criminal Records (OCJ) - Deletion of System-Generated Notices, Data Analysis Searches, and Other Communications Open official source

The following data are automatically deleted two weeks after the competent authority marks them as processed: a. the system-generated notices referred to in Art. 25; b. the data analysis searches referred to in Art. 31; c. the communications referred to in Arts. 56, 58, and 61. They are automatically deleted by VOSTRA no later than one year after their creation.

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Art. 43 Ordinance of 19 October 2022 on the VOSTRA Computerized Criminal Records (OCJ) - Requests Concerning the Calculation of a Period for the Elimination of the Judgment Open official source

The person submitting a request concerning the calculation of a period for the elimination of the judgment as per Art. 30, para. 2, let. n, in fine, LCJ must provide the following documents: a. proof of identity; b. a document proving that Swiss nationality has been granted to them for at least 8 years. If the request concerning the calculation of a period for the elimination of the judgment as per Art. 30, para. 2, let. n, in fine, LCJ is approved, the Criminal Records Service will make a note of it in VOSTRA according to annex 2, sec. 3.4.5.5. The note shall be removed as soon as VOSTRA no longer contains any criminal data concerning the individual. The Criminal Records Service retains the application file in a separate database. It destroys the file when the individual is no longer listed in VOSTRA.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 43 Ordinance of 19 October 2022 on the VOSTRA Computerized Criminal Records (OCJ) - Requests Concerning the Calculation of a Period for the Elimination of the Judgment Open official source

The person submitting a request concerning the calculation of a period for the elimination of the judgment as per Art. 30, para. 2, let. n, in fine, LCJ must provide the following documents: a. proof of identity; b. a document proving that Swiss nationality has been granted to them for at least 8 years. If the request concerning the calculation of a period for the elimination of the judgment as per Art. 30, para. 2, let. n, in fine, LCJ is approved, the Criminal Records Service will make a note of it in VOSTRA according to annex 2, sec. 3.4.5.5. The note shall be removed as soon as VOSTRA no longer contains any criminal data concerning the individual. The Criminal Records Service retains the application file in a separate database. It destroys the file when the individual is no longer listed in VOSTRA.

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Art. 44 Ordinance of October 19, 2022, on the VOSTRA Computerized Criminal Records (OCJ) - Setting a Theoretical End Date for Execution Open official source

The Criminal Records Service may set an appropriate theoretical end date for execution, either ex officio or at the request of the concerned person, and record it in VOSTRA when the following conditions are met: a. recording the actual end of execution would be necessary for calculating the periods after which the judgment will be eliminated or cease to appear on the extracts; b. the actual end of execution is not recorded in VOSTRA; c. it is highly unlikely that the actual end of execution will ever be recorded: 1. because it has not been determined in a subsequent decision that must be recorded, or 2. because the competent authority is not willing to inform the Criminal Records Service, upon request, of the data that must be entered regarding a subsequent decision in which the end of execution would be determined; d. the sanction in question is clearly no longer being executed.

The theoretical end date of execution is set considering the available data concerning the case in question. It serves exclusively for calculating deadlines and has no impact on the actual duration of the execution of the sanction.

If the Criminal Records Service can determine the location where the concerned person resides, it notifies the person of the theoretical end date of execution in the form of a decision subject to appeal. This decision is recorded in VOSTRA after it has entered into force in the same manner as a subsequent decision.

If the Criminal Records Service cannot determine the location where the concerned person resides, it refrains from notifying its decision. This decision is immediately recorded in VOSTRA in the same manner as a subsequent decision. The concerned person may demand, no later than 30 days after becoming aware of the decision, that a decision subject to appeal be notified.

The decision setting a theoretical end date for execution is removed from VOSTRA as soon as a decision attesting the date on which the execution will effectively end is recorded.

OCJ; Chapitre 5 Contenu de VOSTRA
Art. 44 Ordinance of October 19, 2022, on the VOSTRA Computerized Criminal Records (OCJ) - Setting a Theoretical End Date for Execution Open official source

The Criminal Records Service may set an appropriate theoretical end date for execution, either ex officio or at the request of the concerned person, and record it in VOSTRA when the following conditions are met: a. recording the actual end of execution would be necessary for calculating the periods after which the judgment will be eliminated or cease to appear on the extracts; b. the actual end of execution is not recorded in VOSTRA; c. it is highly unlikely that the actual end of execution will ever be recorded: 1. because it has not been determined in a subsequent decision that must be recorded, or 2. because the competent authority is not willing to inform the Criminal Records Service, upon request, of the data that must be entered regarding a subsequent decision in which the end of execution would be determined; d. the sanction in question is clearly no longer being executed.

The theoretical end date of execution is set considering the available data concerning the case in question. It serves exclusively for calculating deadlines and has no impact on the actual duration of the execution of the sanction.

If the Criminal Records Service can determine the location where the concerned person resides, it notifies the person of the theoretical end date of execution in the form of a decision subject to appeal. This decision is recorded in VOSTRA after it has entered into force in the same manner as a subsequent decision.

If the Criminal Records Service cannot determine the location where the concerned person resides, it refrains from notifying its decision. This decision is immediately recorded in VOSTRA in the same manner as a subsequent decision. The concerned person may demand, no later than 30 days after becoming aware of the decision, that a decision subject to appeal be notified.

The decision setting a theoretical end date for execution is removed from VOSTRA as soon as a decision attesting the date on which the execution will effectively end is recorded.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 45 Ordinance of October 19, 2022 on the VOSTRA Computerized Criminal Records (OCJ) - Differences between the Printed Extract and the Online Extract Open official source

The data in the criminal records that appear on the printed extract and those that appear on the online consulted extract are listed in annexes 1 to 4.

In addition, the printed extracts contain the following data: a. the extract intended for authorities: 1. the designation of the extract, 2. the authority in whose name it is issued, 3. the purpose for which it is issued, 4. the name and first names of the user who issues it, 5. the date and time of issuance, 6. the number of pages, 7. the file number of the procedure for which the extract is required, if it has been manually recorded beforehand; b. the extract intended for individuals or the special extract: 1. the designation of the extract, 2. the name, first names, and address of the person for whom the extract is intended, 3. the date and time of issuance, 4. a serial number, 5. if the extract includes criminal data, a mention concerning the calculation of deadlines after which the judgment will no longer appear; c. the special extract: 1. the name of the employer, organization, or competent authority for which the certificate provided for by Art. 55, para. 4, LCJ is issued, 2. the name, first names, and contact details of the employee responsible for issuing the certificate provided for by Art. 55, para. 4, LCJ.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 45 Ordinance of October 19, 2022 on the VOSTRA Computerized Criminal Records (OCJ) - Differences between the Printed Extract and the Online Extract Open official source

The data in the criminal records that appear on the printed extract and those that appear on the online consulted extract are listed in annexes 1 to 4.

In addition, the printed extracts contain the following data: a. the extract intended for authorities: 1. the designation of the extract, 2. the authority in whose name it is issued, 3. the purpose for which it is issued, 4. the name and first names of the user who issues it, 5. the date and time of issuance, 6. the number of pages, 7. the file number of the procedure for which the extract is required, if it has been manually recorded beforehand; b. the extract intended for individuals or the special extract: 1. the designation of the extract, 2. the name, first names, and address of the person for whom the extract is intended, 3. the date and time of issuance, 4. a serial number, 5. if the extract includes criminal data, a mention concerning the calculation of deadlines after which the judgment will no longer appear; c. the special extract: 1. the name of the employer, organization, or competent authority for which the certificate provided for by Art. 55, para. 4, LCJ is issued, 2. the name, first names, and contact details of the employee responsible for issuing the certificate provided for by Art. 55, para. 4, LCJ.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 46 Ordinance of October 19, 2022 on the VOSTRA Computerized Criminal Records (OCJ) - Blank Printed Extracts Open official source

If a search for a person in VOSTRA yields no results with the consultation profile used, the printed extract contains the following mentions regarding criminal data: a. the extract intended for authorities and the extract intended for individuals: the indication that the searched person is not registered in the criminal records; b. the special extract: the indication that there is no prohibition against the concerned person engaging in a profession or activity, no contact or geographic prohibition aiming to protect minors and other particularly vulnerable persons, and no prohibition against engaging in health-related activities involving direct contact with patients; c. the extract intended for individuals and the special extract: the mention of the possibility to validate the extract as per Art. 49.

If a search for a person in VOSTRA yields no results with the consultation profile used, but this person is registered in the UPI (Unique Personal Identifier Database) of the CdC, the printed extract contains the following identification data: a. the extract intended for authorities: the main attributes of the concerned person drawn from the UPI and listed in Annex 1, ch. 1.1, except the social security number; b. the extract intended for individuals and the special extract: the surname and first names, date of birth, nationality, and Swiss place of origin of the concerned person, in conformity with Annex 8, ch. 1.2 to 1.5 and 1.11.

If the searched person is registered neither in VOSTRA nor in the UPI, the printed extract contains the following identification data: a. the extract intended for authorities: 1. the data indicated for the search, namely the surname, first names, and date of birth of the searched person, 2. an indication about the presence or absence of results proposed by the system; b. the extract intended for individuals and the special extract: the surname and first names, date of birth, nationality, and Swiss place of origin of the concerned person, in conformity with Annex 8, ch. 1.2 to 1.5 and 1.11.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 46 Ordinance of October 19, 2022 on the VOSTRA Computerized Criminal Records (OCJ) - Blank Printed Extracts Open official source

If a search for a person in VOSTRA yields no results with the consultation profile used, the printed extract contains the following mentions regarding criminal data: a. the extract intended for authorities and the extract intended for individuals: the indication that the searched person is not registered in the criminal records; b. the special extract: the indication that there is no prohibition against the concerned person engaging in a profession or activity, no contact or geographic prohibition aiming to protect minors and other particularly vulnerable persons, and no prohibition against engaging in health-related activities involving direct contact with patients; c. the extract intended for individuals and the special extract: the mention of the possibility to validate the extract as per Art. 49.

If a search for a person in VOSTRA yields no results with the consultation profile used, but this person is registered in the UPI (Unique Personal Identifier Database) of the CdC, the printed extract contains the following identification data: a. the extract intended for authorities: the main attributes of the concerned person drawn from the UPI and listed in Annex 1, ch. 1.1, except the social security number; b. the extract intended for individuals and the special extract: the surname and first names, date of birth, nationality, and Swiss place of origin of the concerned person, in conformity with Annex 8, ch. 1.2 to 1.5 and 1.11.

If the searched person is registered neither in VOSTRA nor in the UPI, the printed extract contains the following identification data: a. the extract intended for authorities: 1. the data indicated for the search, namely the surname, first names, and date of birth of the searched person, 2. an indication about the presence or absence of results proposed by the system; b. the extract intended for individuals and the special extract: the surname and first names, date of birth, nationality, and Swiss place of origin of the concerned person, in conformity with Annex 8, ch. 1.2 to 1.5 and 1.11.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 47 Ordinance of October 19, 2022, on the VOSTRA Computerized Criminal Records (OCJ) - System Data That Can Be Accessed Open official source

The system data referred to in Art. 24 that can be accessed are listed in Annexes 1 to 4, along with the corresponding access profiles.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 47 Ordinance of October 19, 2022, on the VOSTRA Computerized Criminal Records (OCJ) - System Data That Can Be Accessed Open official source

The system data referred to in Art. 24 that can be accessed are listed in Annexes 1 to 4, along with the corresponding access profiles.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 48 Ordinance of 19 October 2022 on the VOSTRA Computerized Criminal Records (OCJ) - Extracts for Individuals and Special Extracts with an Electronic Signature Open official source

Any person requesting an extract intended for individuals or a special extract may demand, instead of a printed extract, an extract with a regulated electronic signature or a regulated electronic seal as defined by the Electronic Signature Act of 18 March 2016.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 48 Ordinance of 19 October 2022 on the VOSTRA Computerized Criminal Records (OCJ) - Extracts for Individuals and Special Extracts with an Electronic Signature Open official source

Any person requesting an extract intended for individuals or a special extract may demand, instead of a printed extract, an extract with a regulated electronic signature or a regulated electronic seal as defined by the Electronic Signature Act of 18 March 2016.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 49 Ordinance of October 19, 2022, on the VOSTRA Electronic Criminal Record (ECR) - Validation of Extracts Intended for Individuals and Blank Special Extracts Open official source

Any holder of an extract intended for individuals or a printed blank special extract can verify that no judgment is recorded on the original through a web service made available to the public by the Criminal Record Service.

The Criminal Record Service determines the period during which an extract can be verified.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 49 Ordinance of October 19, 2022, on the VOSTRA Electronic Criminal Record (ECR) - Validation of Extracts Intended for Individuals and Blank Special Extracts Open official source

Any holder of an extract intended for individuals or a printed blank special extract can verify that no judgment is recorded on the original through a web service made available to the public by the Criminal Record Service.

The Criminal Record Service determines the period during which an extract can be verified.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 50 Ordinance of October 19, 2022, on the Computerized Criminal Records System VOSTRA (OCJ) - Clarifications regarding certain purposes of consultation by cantonal migration services and by the State Secretariat for Migration Open official source

In the context of implementing the Federal Act of December 16, 2005, on Foreign Nationals and Integration (FNIA) and pursuant to Art. 46, let. f, ch. 2, and h, LCJ, cantonal migration services and the State Secretariat for Migration (SEM) may use criminal record data for the following purposes: a. to assess conditions for entry into Switzerland and the granting of visas; b. to assess the granting, extension, and revocation of short-term residence permits, residence permits, settlement permits, and permits for cross-border commuters; c. to assess permits subject to SEM approval; d. to grant permission to engage in gainful employment or participate in an employment program for asylum seekers; e. to assess the issuance or suspension of entry bans to Switzerland; f. to assess the issuance or lifting of provisional admission; g. to carry out expulsions and removals as per Art. 68 FNIA as well as expulsions under Arts. 66a or 66a bis SCC or 49a or 49a bis CMCC, particularly to assess coercive measures; h. to assess requests for the issuance of travel documents and the granting of return visas.

In the context of implementing the Asylum Act of June 26, 1998, and pursuant to Art. 46, let. f, ch. 3, LCJ, the SEM may use criminal record data for the following purposes: a. to assess the granting, revocation, or cessation of asylum or refugee status; b. to assess the granting, revocation, or cessation of provisional protection; c. to assess the right to return assistance in the context of voluntary return or return in accordance with legal obligations.

Communications referred to in Art. 62, para. 2, LCJ may be processed for the purposes mentioned in paras. 1 and 2.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 50 Ordinance of October 19, 2022, on the Computerized Criminal Records System VOSTRA (OCJ) - Clarifications regarding certain purposes of consultation by cantonal migration services and by the State Secretariat for Migration Open official source

In the context of implementing the Federal Act of December 16, 2005, on Foreign Nationals and Integration (FNIA) and pursuant to Art. 46, let. f, ch. 2, and h, LCJ, cantonal migration services and the State Secretariat for Migration (SEM) may use criminal record data for the following purposes: a. to assess conditions for entry into Switzerland and the granting of visas; b. to assess the granting, extension, and revocation of short-term residence permits, residence permits, settlement permits, and permits for cross-border commuters; c. to assess permits subject to SEM approval; d. to grant permission to engage in gainful employment or participate in an employment program for asylum seekers; e. to assess the issuance or suspension of entry bans to Switzerland; f. to assess the issuance or lifting of provisional admission; g. to carry out expulsions and removals as per Art. 68 FNIA as well as expulsions under Arts. 66a or 66a bis SCC or 49a or 49a bis CMCC, particularly to assess coercive measures; h. to assess requests for the issuance of travel documents and the granting of return visas.

In the context of implementing the Asylum Act of June 26, 1998, and pursuant to Art. 46, let. f, ch. 3, LCJ, the SEM may use criminal record data for the following purposes: a. to assess the granting, revocation, or cessation of asylum or refugee status; b. to assess the granting, revocation, or cessation of provisional protection; c. to assess the right to return assistance in the context of voluntary return or return in accordance with legal obligations.

Communications referred to in Art. 62, para. 2, LCJ may be processed for the purposes mentioned in paras. 1 and 2.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 51 Ordinance of October 19, 2022, on the Electronic Criminal Records System VOSTRA (OCRS) - Preliminary Verification for Requesting an Extract from a Foreign Criminal Record Open official source

An affiliated authority may verify, by entering a request for an extract from a foreign criminal record in VOSTRA in accordance with Art. 49, para. 1, ECRS, whether, based on experience, for this type of authority and purpose: a. the concerned State provides extracts from the criminal record; b. the processing of the request is likely to take more time because the concerned State has never received a request for an extract before, or c. the concerned State does not provide an extract from the criminal record.

If the competent authority of a foreign State refuses to provide a criminal record extract for a certain type of authority and for a given purpose, no new request pursuant to Art. 49, para. 1, ECRS emanating from such an authority type and aiming for this purpose may be entered for 3 years.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 51 Ordinance of October 19, 2022, on the Electronic Criminal Records System VOSTRA (OCRS) - Preliminary Verification for Requesting an Extract from a Foreign Criminal Record Open official source

An affiliated authority may verify, by entering a request for an extract from a foreign criminal record in VOSTRA in accordance with Art. 49, para. 1, ECRS, whether, based on experience, for this type of authority and purpose: a. the concerned State provides extracts from the criminal record; b. the processing of the request is likely to take more time because the concerned State has never received a request for an extract before, or c. the concerned State does not provide an extract from the criminal record.

If the competent authority of a foreign State refuses to provide a criminal record extract for a certain type of authority and for a given purpose, no new request pursuant to Art. 49, para. 1, ECRS emanating from such an authority type and aiming for this purpose may be entered for 3 years.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 52 Ordinance of October 19, 2022, on the VOSTRA Electronic Criminal Records (OCJ) - Requests for Extracts for Individuals and Special Extracts Open official source

Requests for extracts intended for individuals and special extracts can be made directly online with the Criminal Records Service or at the counter of a service provider active throughout Switzerland, who has been mandated for this purpose.

Passports, identity cards, and residence permits are accepted as proof of identity within the meaning of Art. 54, para. 3, LCJ. In the case of an online request, recognized e-IDs and copies of identity documents are also accepted.

In the absence of the required identity document, it is possible to request an extract online if the competent migration service completes the application form by confirming: a. that the extract must be delivered to an authority; b. that the identification data match those recorded in the Central Migration Information System (SYMIC); c. that the indicated SYMIC number is indeed that of the person concerned.

In the case of a request concerning a third party within the meaning of Art. 54, para. 3, LCJ, the documents proving the power of representation must not be older than 6 months.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 52 Ordinance of October 19, 2022, on the VOSTRA Electronic Criminal Records (OCJ) - Requests for Extracts for Individuals and Special Extracts Open official source

Requests for extracts intended for individuals and special extracts can be made directly online with the Criminal Records Service or at the counter of a service provider active throughout Switzerland, who has been mandated for this purpose.

Passports, identity cards, and residence permits are accepted as proof of identity within the meaning of Art. 54, para. 3, LCJ. In the case of an online request, recognized e-IDs and copies of identity documents are also accepted.

In the absence of the required identity document, it is possible to request an extract online if the competent migration service completes the application form by confirming: a. that the extract must be delivered to an authority; b. that the identification data match those recorded in the Central Migration Information System (SYMIC); c. that the indicated SYMIC number is indeed that of the person concerned.

In the case of a request concerning a third party within the meaning of Art. 54, para. 3, LCJ, the documents proving the power of representation must not be older than 6 months.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 53 Ordinance of October 19, 2022, on the Computerized Criminal Records System VOSTRA (OCR) - Content, Validity Period, and Verification of the Certificate Provided for in Art. 55, Para. 4, CCR Open official source

The certificate, as stipulated in Art. 55, Para. 4, CCR, which must be presented by the employer, organization, or competent authority requiring the production of a special extract, must contain the following data: a. the name and address of the employer, organization, or competent authority; b. the full name, telephone number, email address, and signature of an employee of the employer, organization, or competent authority involved in the hiring process; c. the date of issuance of the certificate; d. the full name and date of birth of the individual; e. a description of the activity for which the special extract is requested according to Art. 55, Para. 1 or 1 bis, CCR. The certificate is valid for 3 months from the date of its issuance. The Criminal Records Service randomly checks the content of the certificates.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 53 Ordinance of October 19, 2022, on the Computerized Criminal Records System VOSTRA (OCR) - Content, Validity Period, and Verification of the Certificate Provided for in Art. 55, Para. 4, CCR Open official source

The certificate, as stipulated in Art. 55, Para. 4, CCR, which must be presented by the employer, organization, or competent authority requiring the production of a special extract, must contain the following data: a. the name and address of the employer, organization, or competent authority; b. the full name, telephone number, email address, and signature of an employee of the employer, organization, or competent authority involved in the hiring process; c. the date of issuance of the certificate; d. the full name and date of birth of the individual; e. a description of the activity for which the special extract is requested according to Art. 55, Para. 1 or 1 bis, CCR. The certificate is valid for 3 months from the date of its issuance. The Criminal Records Service randomly checks the content of the certificates.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 54 Ordinance of 19 October 2022 on the VOSTRA Criminal Records Information System (OCJ) - Fees Due for Extracts Intended for Individuals and Special Extracts Open official source

The Criminal Records Service charges fees of 17 francs for issuing an extract intended for individuals or a special extract.

If multiple extracts are requested for the same person, the fees are 17 francs per extract.

The fees are increased: a. in case of registered mail: by 5 francs per shipment; b. in case of shipment by an international delivery service: by 40 francs per shipment; c. in case of legalization of the extract by the Federal Chancellery: for each extract, the fees provided for in Art. 18 of the Ordinance of 10 September 1969 on Costs and Compensation in Administrative Procedures.

All other expenses are included in the amount of the fees, specifically those related to third-party services, payment transaction and collection costs, transmission and communication fees, and the cost of processing requests.

The fees paid are non-refundable.

The provisions of the General Ordinance of 8 September 2004 on Fees apply otherwise.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 54 Ordinance of 19 October 2022 on the VOSTRA Criminal Records Information System (OCJ) - Fees Due for Extracts Intended for Individuals and Special Extracts Open official source

The Criminal Records Service charges fees of 17 francs for issuing an extract intended for individuals or a special extract.

If multiple extracts are requested for the same person, the fees are 17 francs per extract.

The fees are increased: a. in case of registered mail: by 5 francs per shipment; b. in case of shipment by an international delivery service: by 40 francs per shipment; c. in case of legalization of the extract by the Federal Chancellery: for each extract, the fees provided for in Art. 18 of the Ordinance of 10 September 1969 on Costs and Compensation in Administrative Procedures.

All other expenses are included in the amount of the fees, specifically those related to third-party services, payment transaction and collection costs, transmission and communication fees, and the cost of processing requests.

The fees paid are non-refundable.

The provisions of the General Ordinance of 8 September 2004 on Fees apply otherwise.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 55 Ordinance of October 19, 2022, on the Electronic Criminal Record VOSTRA (OCR) - Communication to the Defense Group Open official source

The information system on army and civil protection personnel (SIPA) communicates daily to VOSTRA, via an electronic interface, the updated list of AHV numbers of conscripts, military personnel, and individuals obligated to civil protection.

Based on this list, VOSTRA reports daily to the SIPA via the interface, in the form of structured data, the judgments, subsequent decisions, and ongoing criminal proceedings that have been newly recorded or modified and must be communicated pursuant to Art. 59, para. 1, OCR, namely the following data: a. for judgments: the data that can be consulted online in excerpt 2 intended for authorities according to appendix 2, with the exception of data recorded in the "additional information" section (appendix 2, sec. 1.9) and electronic copies of foreign communication forms (appendix 2, sec. 4.2); b. for subsequent decisions: the data that can be consulted online in excerpt 2 intended for authorities according to appendix 3, with the exception of data recorded in the "additional information" section (appendix 3, sec. 1.6) and electronic copies of foreign communication forms (appendix 3, sec. 1.7.2); c. for ongoing criminal proceedings: the data that can be consulted online in excerpt 2 intended for authorities according to appendix 4, with the exception of data recorded in the "additional information" section (appendix 4, sec. 1.4) and procedural management notes (appendix 4, sec. 3).

The person concerned is identified only by their AHV number in communications to the SIPA.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 55 Ordinance of October 19, 2022, on the Electronic Criminal Record VOSTRA (OCR) - Communication to the Defense Group Open official source

The information system on army and civil protection personnel (SIPA) communicates daily to VOSTRA, via an electronic interface, the updated list of AHV numbers of conscripts, military personnel, and individuals obligated to civil protection.

Based on this list, VOSTRA reports daily to the SIPA via the interface, in the form of structured data, the judgments, subsequent decisions, and ongoing criminal proceedings that have been newly recorded or modified and must be communicated pursuant to Art. 59, para. 1, OCR, namely the following data: a. for judgments: the data that can be consulted online in excerpt 2 intended for authorities according to appendix 2, with the exception of data recorded in the "additional information" section (appendix 2, sec. 1.9) and electronic copies of foreign communication forms (appendix 2, sec. 4.2); b. for subsequent decisions: the data that can be consulted online in excerpt 2 intended for authorities according to appendix 3, with the exception of data recorded in the "additional information" section (appendix 3, sec. 1.6) and electronic copies of foreign communication forms (appendix 3, sec. 1.7.2); c. for ongoing criminal proceedings: the data that can be consulted online in excerpt 2 intended for authorities according to appendix 4, with the exception of data recorded in the "additional information" section (appendix 4, sec. 1.4) and procedural management notes (appendix 4, sec. 3).

The person concerned is identified only by their AHV number in communications to the SIPA.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 56 Ordinance of 19 October 2022 on the Computerized Criminal Records System VOSTRA (OCJ) - Communication to Competent Road Traffic Authorities Open official source

VOSTRA reports Swiss judgments to the Criminal Records Service daily in which a driving ban, pursuant to art. 67e SCC or art. 50e MCA, is pronounced when such a ban is newly entered or modified.

The communication appears in VOSTRA at the same location as the system-generated notices referred to in art. 25.

It includes the following data: a. the data referred to in Annex 5, ch. 1; b. data related to the relevant judgments that appear on extract 3 intended for authorities in PDF format (Annex 2), excluding the date on which the judgments should cease to appear on the extracts (Annex 2, ch. 5.3) and electronic copies of foreign communication forms (Annex 2, ch. 4.2.1).

The Criminal Records Service transmits the communication manually and without delay to the competent road traffic authorities of the canton of residence of the person subject to a driving ban.

If the concerned person does not have a residence in Switzerland, it transmits the communication: a. when the judgment was rendered by a civilian criminal authority: to the competent road traffic authorities of the canton where this authority is located; b. when the judgment was rendered by a military criminal authority: to the competent road traffic authority of the canton where the military justice coordination service is located.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 56 Ordinance of 19 October 2022 on the Computerized Criminal Records System VOSTRA (OCJ) - Communication to Competent Road Traffic Authorities Open official source

VOSTRA reports Swiss judgments to the Criminal Records Service daily in which a driving ban, pursuant to art. 67e SCC or art. 50e MCA, is pronounced when such a ban is newly entered or modified.

The communication appears in VOSTRA at the same location as the system-generated notices referred to in art. 25.

It includes the following data: a. the data referred to in Annex 5, ch. 1; b. data related to the relevant judgments that appear on extract 3 intended for authorities in PDF format (Annex 2), excluding the date on which the judgments should cease to appear on the extracts (Annex 2, ch. 5.3) and electronic copies of foreign communication forms (Annex 2, ch. 4.2.1).

The Criminal Records Service transmits the communication manually and without delay to the competent road traffic authorities of the canton of residence of the person subject to a driving ban.

If the concerned person does not have a residence in Switzerland, it transmits the communication: a. when the judgment was rendered by a civilian criminal authority: to the competent road traffic authorities of the canton where this authority is located; b. when the judgment was rendered by a military criminal authority: to the competent road traffic authority of the canton where the military justice coordination service is located.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 57 Ordinance of October 19, 2022, on the VOSTRA Computerized Criminal Records (CCR) - Communication of Confiscations Open official source

VOSTRA reports newly recorded confiscations to the Criminal Records Service through a notice generated by the system in accordance with Art. 25, para. 1, let. i.

The Criminal Records Service manually communicates copies of the judgments without delay to the service responsible for the distribution of confiscated assets.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 57 Ordinance of October 19, 2022, on the VOSTRA Computerized Criminal Records (CCR) - Communication of Confiscations Open official source

VOSTRA reports newly recorded confiscations to the Criminal Records Service through a notice generated by the system in accordance with Art. 25, para. 1, let. i.

The Criminal Records Service manually communicates copies of the judgments without delay to the service responsible for the distribution of confiscated assets.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 58 Ordinance of 19 October 2022 on the VOSTRA Computerized Criminal Records (OCJ) - Communication to Cantonal Migration Services Open official source

VOSTRA reports daily to the Criminal Records Service any newly recorded Swiss judgments and ongoing criminal proceedings against a foreign national residing in Switzerland.

This communication appears in VOSTRA in the same location as the notices generated by the system pursuant to Art. 25.

It is in PDF format and includes the following data: a. the data referred to in Annex 5, section 1; b. the AVS number; c. for judgments: the data related to the relevant judgments that appear in Extract 2 intended for authorities in PDF format (Annex 2), except for the date on which the judgments should no longer appear on the extracts (Annex 2, section 5.2); d. for ongoing criminal proceedings: the data related to the relevant proceedings that appear in Extract 2 intended for authorities in PDF format (Annex 4).

The Criminal Records Service manually and promptly forwards the communication to the migration service of the canton where the concerned person resides.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 58 Ordinance of 19 October 2022 on the VOSTRA Computerized Criminal Records (OCJ) - Communication to Cantonal Migration Services Open official source

VOSTRA reports daily to the Criminal Records Service any newly recorded Swiss judgments and ongoing criminal proceedings against a foreign national residing in Switzerland.

This communication appears in VOSTRA in the same location as the notices generated by the system pursuant to Art. 25.

It is in PDF format and includes the following data: a. the data referred to in Annex 5, section 1; b. the AVS number; c. for judgments: the data related to the relevant judgments that appear in Extract 2 intended for authorities in PDF format (Annex 2), except for the date on which the judgments should no longer appear on the extracts (Annex 2, section 5.2); d. for ongoing criminal proceedings: the data related to the relevant proceedings that appear in Extract 2 intended for authorities in PDF format (Annex 4).

The Criminal Records Service manually and promptly forwards the communication to the migration service of the canton where the concerned person resides.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 59 Ordinance of 19 October 2022 on the VOSTRA Computerized Criminal Records (OCJ) - Communication to the SEM Open official source

VOSTRA communicates daily to SYMIC, via an electronic interface, the following data related to foreigners, in the form of structured data: a. for any newly recorded or modified Swiss judgment under the meaning of Art. 62, para. 1 bis, let. a and f, LCJ: the data related to the concerned judgment according to Annex 2 that can be accessed online in Extract 2 intended for authorities, with the exception of data recorded in the "additional information" section (Annex 2, ch. 1.9); b. for any ongoing criminal procedure newly recorded or modified under the meaning of Art. 62, para. 1 bis, let. b and f, LCJ: the data related to the ongoing criminal procedure concerned according to Annex 4 that can be accessed online in Extract 2 intended for authorities, with the exception of data recorded in the "additional information" section (Annex 4, ch. 1.4) and notes to procedure management (Annex 4, ch. 3); c. for any newly recorded or modified data related to the execution of an expulsion under the meaning of Art. 62, para. 1 bis, let. c and f, LCJ: the data specified in Annex 2, ch. 3.4.5.2 and 3.4.5.3; d. for any subsequent decision newly recorded or modified related to an expulsion under the meaning of Art. 62, para. 1 bis, let. d, e, and f, LCJ: the general information that can be accessed online in Extract 2 intended for authorities (Annex 3, ch. 1.1 to 1.5); e. the social security number as the sole identification data regarding the communications referred to in let. a to d.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 59 Ordinance of 19 October 2022 on the VOSTRA Computerized Criminal Records (OCJ) - Communication to the SEM Open official source

VOSTRA communicates daily to SYMIC, via an electronic interface, the following data related to foreigners, in the form of structured data: a. for any newly recorded or modified Swiss judgment under the meaning of Art. 62, para. 1 bis, let. a and f, LCJ: the data related to the concerned judgment according to Annex 2 that can be accessed online in Extract 2 intended for authorities, with the exception of data recorded in the "additional information" section (Annex 2, ch. 1.9); b. for any ongoing criminal procedure newly recorded or modified under the meaning of Art. 62, para. 1 bis, let. b and f, LCJ: the data related to the ongoing criminal procedure concerned according to Annex 4 that can be accessed online in Extract 2 intended for authorities, with the exception of data recorded in the "additional information" section (Annex 4, ch. 1.4) and notes to procedure management (Annex 4, ch. 3); c. for any newly recorded or modified data related to the execution of an expulsion under the meaning of Art. 62, para. 1 bis, let. c and f, LCJ: the data specified in Annex 2, ch. 3.4.5.2 and 3.4.5.3; d. for any subsequent decision newly recorded or modified related to an expulsion under the meaning of Art. 62, para. 1 bis, let. d, e, and f, LCJ: the general information that can be accessed online in Extract 2 intended for authorities (Annex 3, ch. 1.1 to 1.5); e. the social security number as the sole identification data regarding the communications referred to in let. a to d.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 60 Ordinance of 19 October 2022 on the Electronic Criminal Record VOSTRA (OCJ) - Communication to Cantonal Weapons Offices Open official source

The harmonized information system concerning the acquisition and possession of firearms referred to in Art. 32a, para. 3, of the Weapons Act of 20 June 1997 (LArm) communicates daily to VOSTRA, via an electronic interface, the updated list of AHV numbers of individuals registered, with the canton responsible for handling the related data for each person.

VOSTRA reports daily to the competent cantonal weapons offices, via an electronic interface with their information systems referred to in Art. 32a, para. 2, LArm, the newly recorded or modified judgments and ongoing criminal proceedings against the individuals on the list referred to in para. 1. The data communicated include the following

a. For judgments that must be communicated

1. In the form of structured data, the data in accordance with Annex 2 that can be accessed online on Extract 1 for authorities, excluding data recorded under "supplementary information" (Annex 2, ch. 1.9), data related to the non-running period of a prohibition (Annex 2, ch. 3.4.4.2.3), and electronic copies (Annex 2, ch. 4).

2. In PDF format, the data in accordance with Annex 2 that can be accessed on Extract 1 for authorities in PDF format, except for the scheduled deletion date (Annex 2, ch. 5.1) and electronic copies (Annex 2, ch. 4).

b. For ongoing criminal proceedings that must be communicated

1. In the form of structured data, the data that can be accessed online on Extract 1 for authorities in accordance with Annex 4, excluding data recorded under "supplementary information" (Annex 4, ch. 1.4) and procedural direction notes (Annex 4, ch. 3).

2. In PDF format, data that can be accessed on Extract 1 for authorities in PDF format in accordance with Annex 4.

c. For identification data associated with the data referred to in let. a and b

1. In the form of structured data, the AHV number that can be accessed online on Extract 1 for authorities in accordance with Annex 1, ch. 1.1.1.

2. In PDF format, the data appearing on Extract 1 for authorities in PDF format in accordance with Annex 1, except for internal use notes (Annex 1, ch. 2), but including the AHV number (Annex 1, ch. 1.1.1).

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 60 Ordinance of 19 October 2022 on the Electronic Criminal Record VOSTRA (OCJ) - Communication to Cantonal Weapons Offices Open official source

The harmonized information system concerning the acquisition and possession of firearms referred to in Art. 32a, para. 3, of the Weapons Act of 20 June 1997 (LArm) communicates daily to VOSTRA, via an electronic interface, the updated list of AHV numbers of individuals registered, with the canton responsible for handling the related data for each person.

VOSTRA reports daily to the competent cantonal weapons offices, via an electronic interface with their information systems referred to in Art. 32a, para. 2, LArm, the newly recorded or modified judgments and ongoing criminal proceedings against the individuals on the list referred to in para. 1. The data communicated include the following

a. For judgments that must be communicated

1. In the form of structured data, the data in accordance with Annex 2 that can be accessed online on Extract 1 for authorities, excluding data recorded under "supplementary information" (Annex 2, ch. 1.9), data related to the non-running period of a prohibition (Annex 2, ch. 3.4.4.2.3), and electronic copies (Annex 2, ch. 4).

2. In PDF format, the data in accordance with Annex 2 that can be accessed on Extract 1 for authorities in PDF format, except for the scheduled deletion date (Annex 2, ch. 5.1) and electronic copies (Annex 2, ch. 4).

b. For ongoing criminal proceedings that must be communicated

1. In the form of structured data, the data that can be accessed online on Extract 1 for authorities in accordance with Annex 4, excluding data recorded under "supplementary information" (Annex 4, ch. 1.4) and procedural direction notes (Annex 4, ch. 3).

2. In PDF format, data that can be accessed on Extract 1 for authorities in PDF format in accordance with Annex 4.

c. For identification data associated with the data referred to in let. a and b

1. In the form of structured data, the AHV number that can be accessed online on Extract 1 for authorities in accordance with Annex 1, ch. 1.1.1.

2. In PDF format, the data appearing on Extract 1 for authorities in PDF format in accordance with Annex 1, except for internal use notes (Annex 1, ch. 2), but including the AHV number (Annex 1, ch. 1.1.1).

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 61 Ordinance of 19 October 2022 on the Electronic Criminal Records System VOSTRA (OCR) - Communication to the Home State Open official source

VOSTRA reports daily to the Criminal Records Service the judgments and subsequent decisions rendered in Switzerland against foreigners that have been recorded in the previous two weeks. A communication is made for each judgment or subsequent decision.

All communications for the day appear in VOSTRA in a single PDF file, classified by State, in the same location as notifications generated by the system pursuant to Art. 25.

The communication includes the following data: a. the data referred to in Annex 5, ch. 1; b. for judgments that must be communicated: the data according to Annex 2 that appear on the extract 1 intended for the authorities in PDF format, except for the scheduled elimination date (Annex 2, ch. 5.1), electronic copies (Annex 2, ch. 4.1), and offenses that do not need to be communicated under Art. 64, para. 2, OCR; c. for subsequent decisions that must be communicated: 1. the data according to Annex 3 that appear on extract 1 intended for the authorities in PDF format, except for electronic copies (Annex 3, ch. 1.7.1), 2. the data referred to in item b and related to the judgment to which the new subsequent decision pertains, 3. the data referred to in ch. 1 and related to other subsequent decisions that have already been recorded in VOSTRA in connection with the judgment as per ch. 2.

The competent authority of the home State may specify whether it should receive the communications in German, French, or Italian.

The Criminal Records Service manually transmits the communications to the competent authority of the home State at least once a month.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 61 Ordinance of 19 October 2022 on the Electronic Criminal Records System VOSTRA (OCR) - Communication to the Home State Open official source

VOSTRA reports daily to the Criminal Records Service the judgments and subsequent decisions rendered in Switzerland against foreigners that have been recorded in the previous two weeks. A communication is made for each judgment or subsequent decision.

All communications for the day appear in VOSTRA in a single PDF file, classified by State, in the same location as notifications generated by the system pursuant to Art. 25.

The communication includes the following data: a. the data referred to in Annex 5, ch. 1; b. for judgments that must be communicated: the data according to Annex 2 that appear on the extract 1 intended for the authorities in PDF format, except for the scheduled elimination date (Annex 2, ch. 5.1), electronic copies (Annex 2, ch. 4.1), and offenses that do not need to be communicated under Art. 64, para. 2, OCR; c. for subsequent decisions that must be communicated: 1. the data according to Annex 3 that appear on extract 1 intended for the authorities in PDF format, except for electronic copies (Annex 3, ch. 1.7.1), 2. the data referred to in item b and related to the judgment to which the new subsequent decision pertains, 3. the data referred to in ch. 1 and related to other subsequent decisions that have already been recorded in VOSTRA in connection with the judgment as per ch. 2.

The competent authority of the home State may specify whether it should receive the communications in German, French, or Italian.

The Criminal Records Service manually transmits the communications to the competent authority of the home State at least once a month.

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 61a Ordinance of October 19, 2022, on the VOSTRA Computerized Criminal Records (OCJ) - Communication to the Federal Authority for High Commercial Registry Supervision Open official source

The central database of individuals referred to in Art. 928 b of the Code of Obligations communicates every three months to VOSTRA, through an electronic interface, an updated list of the AVS numbers of individuals registered therein.

Based on this list, the following day, VOSTRA communicates, via the same interface, the following data in a structured form to the Federal Authority for High Commercial Registry Supervision: a. general information regarding the communication: 1. title of the communication (annex 5, ch. 1.2), 2. task (annex 5, ch. 1.3), 3. date and time of communication establishment (annex 5, ch. 1.4), 4. recipient of the communication (annex 5, ch. 1.5.1); b. information regarding an existing prohibition on practicing a profession for the concerned individuals: 1. personal information: – AVS number (annex 1, ch. 1.1.1) – case ID (annex 1, ch. 1.4.1), 2. information related to the judgment or subsequent decision in which the prohibition was ordered: – date of the judgment (annex 2, ch. 1.1) and case number (annex 2, ch. 1.3), or – date of the decision (annex 3, ch. 1.1) and case number (annex 3, ch. 1.3), 3. information concerning the prohibition on practicing a profession: – designation of the prohibition (annex 2, ch. 3.1, or annex 3, ch. 9.1) – current content of the prohibition according to the decision's dictum (annex 2, ch. 3.4.4.1.2, or annex 3, ch. 9.2, 24.2, and 25.2) – date when the prohibition should cease to be effective (annex 2, ch. 3.4.4.2.5, or annex 3, ch. 9.2) – date and time of the first entry of the prohibition (annex 2, ch. 1.9.1.1, or annex 3, ch. 1.6.1.1).

OCJ; Chapitre 6 Communication des données du casier judiciaire
Art. 61a Ordinance of October 19, 2022, on the VOSTRA Computerized Criminal Records (OCJ) - Communication to the Federal Authority for High Commercial Registry Supervision Open official source

The central database of individuals referred to in Art. 928 b of the Code of Obligations communicates every three months to VOSTRA, through an electronic interface, an updated list of the AVS numbers of individuals registered therein.

Based on this list, the following day, VOSTRA communicates, via the same interface, the following data in a structured form to the Federal Authority for High Commercial Registry Supervision: a. general information regarding the communication: 1. title of the communication (annex 5, ch. 1.2), 2. task (annex 5, ch. 1.3), 3. date and time of communication establishment (annex 5, ch. 1.4), 4. recipient of the communication (annex 5, ch. 1.5.1); b. information regarding an existing prohibition on practicing a profession for the concerned individuals: 1. personal information: – AVS number (annex 1, ch. 1.1.1) – case ID (annex 1, ch. 1.4.1), 2. information related to the judgment or subsequent decision in which the prohibition was ordered: – date of the judgment (annex 2, ch. 1.1) and case number (annex 2, ch. 1.3), or – date of the decision (annex 3, ch. 1.1) and case number (annex 3, ch. 1.3), 3. information concerning the prohibition on practicing a profession: – designation of the prohibition (annex 2, ch. 3.1, or annex 3, ch. 9.1) – current content of the prohibition according to the decision's dictum (annex 2, ch. 3.4.4.1.2, or annex 3, ch. 9.2, 24.2, and 25.2) – date when the prohibition should cease to be effective (annex 2, ch. 3.4.4.2.5, or annex 3, ch. 9.2) – date and time of the first entry of the prohibition (annex 2, ch. 1.9.1.1, or annex 3, ch. 1.6.1.1).

OCJ; Chapitre 7 Communication des décès à VOSTRA
Art. 62 Ordinance of October 19, 2022 on the Computerized Criminal Record VOSTRA (CCR) Open official source

The civil status register communicates deaths to VOSTRA via the electronic interface between the UPI and VOSTRA.

The entire file of the concerned person is automatically deleted from VOSTRA after the automatic recording of the date of death.

OCJ; Chapitre 7 Communication des décès à VOSTRA
Art. 62 Ordinance of October 19, 2022 on the Computerized Criminal Record VOSTRA (CCR) Open official source

The civil status register communicates deaths to VOSTRA via the electronic interface between the UPI and VOSTRA.

The entire file of the concerned person is automatically deleted from VOSTRA after the automatic recording of the date of death.

OCJ; Chapitre 8 Dispositions finales
Art. 63 Ordinance of 19 October 2022 on the VOSTRA Computerized Criminal Records (OCJ) - Repeal and Amendment of Other Acts Open official source

The repeal and amendment of other acts are governed in Annex 10.

OCJ; Chapitre 8 Dispositions finales
Art. 63 Ordinance of 19 October 2022 on the VOSTRA Computerized Criminal Records (OCJ) - Repeal and Amendment of Other Acts Open official source

The repeal and amendment of other acts are governed in Annex 10.

OCJ; Chapitre 8 Dispositions finales
Art. 64 Ordinance of 19 October 2022 on the Computerized Criminal Records System VOSTRA (OCRS) - Entry into Force Open official source

This ordinance enters into force on 23 January 2023.

OCJ; Chapitre 8 Dispositions finales
Art. 64 Ordinance of 19 October 2022 on the Computerized Criminal Records System VOSTRA (OCRS) - Entry into Force Open official source

This ordinance enters into force on 23 January 2023.

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