Prosecution in relation to ITD

The FOPH enforces the administrative regulations with respect to integrity, transparency and the passing on of discounts (“ITD”). The FOPH is also responsible for initiating criminal proceedings against violations of these regulations.

Competence and sanctions

Competence with regard to prosecution is based on Article 90 TPA and Article 92 HIA.

The FOPH may impose fines and penalties, as well as order measures (for example confiscations) directly in the form of summary penalty orders and rulings.

If custodial sentences are involved, the respective sentence must be passed by a Cantonal court. If a case comes before a court, the FOPH represents the prosecution.

Reporting offences

You can report suspected criminal activity via the secure ITD whistleblowing platform. You will be guided step by step through the reporting process. Comprehensive information on the process and the platform’s functions can be found in the FAQs. If desired, the report can be made anonymously; in this case, the FOPH has no technical or legal means at its disposal to trace your identity.

You also have the option to communicate anonymously with the FOPH’s ITD specialists via a password-protected digital mailbox.

In order to simplify the subsequent processing of such a report, please note the following:

• The violation of the provisions on integrity, transparency and the obligation to pass on discounts should be paramount.
• In your report you should, if possible, identify the person who is thought to have committed a criminal act and where this occurred.
• Send the evidence – if available and preferably original documents – (for example, correspondence, contracts or invoices).

Last modification 27.01.2025