Right to inspect summary penalty orders and rulings as well as orders for stay of proceedings
General remarks and principles
Swiss law and precedents established by Switzerland's Federal Supreme Court require Swissmedic to make its summary penalty orders and rulings accessible to the public in an appropriate form. Insofar as interests deemed worthy of protection are involved, information is to be anonymised and, where necessary, abridged.
The public must also be given the right to inspect rulings for stay of criminal proceedings in cases where no statutory offence was established. In order to protect the personal rights of the individuals concerned, these documents will only be accessible in anonymised form, unless the respective individuals have given their express consent to waive anonymity or unless proceedings were stayed at the discretion of the prosecuting authority or because the offence in question has become stat-ute-barred.
Swissmedic may, of its own accord, inform the public about selected criminal proceedings which have been brought to a conclusion: Details will appear in anonymised form in media releases or publications under the section "Penal Law > Publications" and/or in the Swissmedic Journal.
By way of exception, Swissmedic may also inform the public about ongoing criminal proceedings where this appears to serve the interests of prosecution, general prevention or therapeutic product safety.
Concrete inspection modalities
For a period of 6 months after they become final and absolute, summary penalty orders, confiscation orders and orders for stay of proceedings issued at the statutory discretion of the prosecuting authority (Art. 52 to 54, Swiss Criminal Code [SCC]) or upon the offence in question becoming statute-barred may be inspected free of charge at Swissmedic’s premises subject to prior appointment. Where interests deemed worthy of protection are involved, only an anonymised and/or abridged version may be inspected and copied.
Penalty and confiscation rulings – irrespective whether final and absolute or not – can be inspected for a period of 6 months from their delivery to the parties involved or the court.
After expiry of this period, the above orders and rulings may be inspected in anonymised and, where necessary, abridged form. The service is subject to a basic fee (CHF 15.-) and an additional chancery fee of 50 Swiss cents per page (delivery by email). The same rule applies for orders for stay of proceedings in cases where no offence was established.
If the individuals concerned demand a judicial review of a summary penalty or confiscation order, or a penalty or confiscation ruling issued by Swissmedic or where custodial sentences are involved, court proceedings will be initiated in the canton primarily affected (Art. 90 para. 1 of the Therapeutic Products Act (TPA) in conjunction with Art. 22 and 73 of the Administrative Criminal Law Act (ACLA)).
Any decision on inspection modalities regarding judgements given in such cantonal proceedings do not rest with Swissmedic but with the adjudicating court.
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Last modification 02.04.2019