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271.1 EGZSJLICPMZSJ CH-BE

Art. 48 Introductory Act to the Code of Civil Procedure, the Code of Criminal Procedure, and the Code of Juvenile Criminal Procedure (EG ZSJ) - Notification Duties and Rights (Art. 302 and 253 StPO)

Criminal Procedure - Preliminary Proceedings
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Art. 48 Introductory Act to the Code of Civil Procedure, the Code of Criminal Procedure, and the Code of Juvenile Criminal Procedure (EG ZSJ) · Notification Duties and Rights (Art. 302 and 253 StPO)

1. The authorities and employees of the canton and the municipalities are obligated to report to the public prosecutor's office when, in their official capacity, they become aware of specific grounds for suspicion regarding a crime that must be prosecuted ex officio.

2. The duty to report by healthcare professionals, especially in cases of extraordinary deaths, is governed by health legislation.

3. Reporting obligations and rights, as well as exemptions from the duty to report for authorities, employees, and private individuals, remain subject to special legislation.

← Art. 47 Introductory Act to the Code of Civil Procedure, the Code of Criminal Procedure, and the Juvenile Criminal Procedure Code (EG ZSJ) Subject Matter Art. 49 Introductory Act to the Code of Civil Procedure, the Code of Criminal Procedure, and the Juvenile Criminal Procedure Code (EG ZSJ) - Right of Application of the Social Welfare Authorities and the Adult and Child Protection Authorities →

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Court Decisions Applying This Provision (5)

200 2021 294 · be (Art. 48 Abs. 1 EG ZSJ)
Claimant's Appeal Dismissed for Failure to Pay Advance Costs; Fraud Suspicion Referred to Prosecutor
This provision, combined with Art. 302 Abs. 2 StPO, was the basis for the obligation to notify the public prosecutor.
200 2020 302 · be (Art. 48 Abs. 1 des kantonalen Einführungsgesetzes vom 11. Juni 2009 zur Zivilprozessordnung, zur Strafprozessordnung und zur Jugendstrafprozessordnung (EG ZSJ; BSG 271.1))
Jurisdictional Dispute over Supplemental Benefits (EL) Following Alleged Cantonal Relocation
Cited in relation to the lack of duty to report an offense under the Second Home Act.
ZK 2018 448 · be (Art. 48 Abs. 1 EG ZSJ)
Social Security Branch v. Individual: Separation of Joint Opposition to Debt Collection Requests
Cited in the reasoning for rejecting the request for a criminal complaint against the AHV.
200 2017 764 · be (Art. 48 Abs. 1 EG ZSJ)
Forced Assignment of Health Insurance Premiums Dispute
Cited alongside Art. 302 Abs. 2 StPO as a basis for informing the public prosecutor's office.
200 2016 638 · be (Art. 48 Abs. 1 EG ZSJ)
Municipality's Offset of Retroactive Supplementary Benefit Against Advance Social Assistance
Cited in the reasoning in conjunction with the StPO concerning the duty to report potential criminal offenses.