Commentaries: Art. 6

The communes of residence shall examine the applications for identity cards, including the claimed identity, and forward them to the cantonal issuing authority.¹ 1bis. The issuing authority shall check whether the information on the applications it has received and accepted is correct and complete and shall verify the identity claimed.²
The issuing authority shall decide on the application. If it agrees to issue the identity document, it shall instruct the production centre to produce the identity document. It shall transmit the necessary data to the production centre.³
The issue of an identity document shall be refused if:
1. it would contradict an order issued by a Swiss authority on the basis of federal or cantonal law;
2. the applicant has deposited his or her identity documents with a Swiss law enforcement or prisons authority.
The issue of an identity document shall be refused in agreement with the competent authority if the person making the application is the subject of an alert for arrest for a felony or misdemeanour in the RIPOL automated police search system.⁴
The issue of an identity document shall be refused if the applicant submits an application abroad and is being prosecuted or has been convicted abroad of an offence that constitutes a felony or misdemeanour under Swiss law and if there are grounds for believing that he or she intends to evade prosecution or execution of sentence. The issue may not be refused if the threatened sanction would lead to a result that is incompatible with Swiss public policy.⁵

Amended by No I of the Federal Act of 17 June 2011 (Obtaining Non-Biometric Identity Cards from the Commune of Residence), in force since 1 March 2012 (AS 2011 5003;BBl 2011 22772291). ↩
Inserted by No I of the Federal Act of 17 June 2011 (Obtaining Non-Biometric Identity Cards from the Commune of Residence), in force since 1 March 2012 (AS 2011 5003;BBl 2011 22772291). ↩
Amended by Art. 2 No 1 of the Federal Act of 13 June 2008 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EC on Biometric Passports and Travel Documents, in force since 1 March 2010 (AS 2009 5521;BBl 2007 5159). ↩
Amended by Annex 1 No 3 of the Federal Act of 13 June 2008 on Federal Police Information Systems, in force since 5 Dec. 2008 (AS 2008 4989;BBl 2006 5061). ↩
Amended by Art. 2 No 1 of the Federal Act of 13 June 2008 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EC on Biometric Passports and Travel Documents, in force since 1 March 2010 (AS 2009 5521;BBl 2007 5159). ↩

Art. 6

Footnotes