Federal Act on the Annulment of the Convictions…
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 6 Committee on Pardons as the Rehabilitation Committee
1 The Committee on Pardons of the Federal Assembly shall act as the Rehabilitation Committee (the Committee) and shall, in response to an application or ex officio, examine cases and decide whether a specific conviction falls within the terms of Articles 1 and 2. 2 If necessary, the Committee may regulate further aspects of the procedure.
Art. 6 — Today: Committee for Pardons and Conflicts of Jurisdiction. Para. 1 — Today: Committee for Pardons and Conflicts of Jurisdiction.
Art. 7 Applications
1 Applications for a declaration of the annulment of a specific conviction must be submitted to the Committee. 2 Applications may be made: a. by the convicted person, or, if the convicted person is deceased, by any one of his or her next of kin (Art. 110 No. 1 StGB); b. by an organisation that is domiciled in Switzerland, that is under Swiss control, and that has as its objective the safeguarding of human rights or the reappraisal of the history of Switzerland at the time of the Nazi Regime. 3 Such an organisation is not entitled to submit an application against the will of the convicted person or, if the person is deceased, against the will of any of his or her next of kin.
Para. 2 let. a — Amended in accordance with Art. 334 of the Criminal Code (SR 311.0) in the version of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459). Para. 2 let. a — SR 311.0
Art. 8 Time Limits
1 Applications must be submitted within a period of five years of the date on which this Act comes into force. 2 The Committee may consider applications that are submitted after the five-year time limit, but at the latest within a period of eight years from the date on which this Act comes into force, provided the reasons for the delay are excusable.
Art. 9 Non-Consideration of Applications
An application will not be considered if the relevant conviction cannot be traced without expending an unreasonable amount of time and effort.
Art. 10 Establishment of the Facts of the Case
The Committee shall collaborate, to the extent required, in establishing the facts of the case.
Art. 11 Decision
1 The Committee shall make its decisions according to the law and on an equitable basis and in accordance with its appraisal of the particular circumstances of each case. 2 If it establishes that a specific conviction falls within the terms of Articles 1 and 2, it shall give notice of the reasons for its decision in a suitable manner. Such notice may not be given without the consent of the applicant. 3 The decisions of the Committee are final.
Art. 12 Procedural Costs
The procedure before the Committee is free of charge.