Introductory Act to the Swiss Juvenile Criminal Procedure Code (EG JStPO) - Subject Matter (EGSTPO)

1. This law governs the enforcement of the Swiss Juvenile Criminal Procedure Code (JStPO) as well as the jurisdictions and duties of authorities in juvenile criminal matters.

1. The provisions of the Juvenile Criminal Procedure Code also apply to proceedings concerning offenses against cantonal criminal law.

2. Special procedural regulations remain reserved.

1. The provisions of the Code of Criminal Procedure (CCP) apply to proceedings involving juveniles, unless specific provisions exist. They shall be interpreted in light of the principles of Article 4 of the Juvenile Justice Act (JJA).

1. The competent authorities shall observe the principle of continuity of the caregiver.

1. The police maintain a juvenile service.

2. The employees of the juvenile service of the police, in their activities concerning juvenile defendants, are subject to the directive authority of the juvenile prosecutor's office and the provisions regarding juvenile criminal proceedings.

3. In the area of prevention, these employees are subject to the directive authority of the juvenile prosecutor's office. Excluded are preventive activities in current risk situations within the context of hazard prevention.

1. Investigative Authority under Article 6 of the JStPO is the Juvenile Prosecution Office.

2. The Juvenile Prosecution Office contributes to the prevention of youth violence and juvenile delinquency within the scope of its mandate and in collaboration with other authorities and specialist agencies.

3. The Juvenile Prosecution Office supports the individuals, families, and institutions responsible for enforcement in their efforts towards the social integration of the convicted. It maintains personal contact with the juveniles placed in homes and foster families.

1. The Chief Juvenile Prosecutor and the Juvenile Prosecutors conduct their proceedings independently and without directives from the Government Council. They are independent in their application of the law and are solely committed to law and justice.

1. The Chief Juvenile Prosecutor conducts the affairs of the Juvenile Prosecutor's Office and represents it externally.

1. The government council exercises oversight over the juvenile prosecutor's office. In the area of criminal prosecution, it consults the expert commission in accordance with § 5 of the Introductory Act to the Swiss Code of Criminal Procedure.

1. The Youth Prosecutor's Office may charge fees for its services up to 20,000 francs, and in exceptional cases, up to 100,000 francs.

1. The District Council elects the Chief Youth Advocate based on the proposal of the Executive Council. The District Council is bound by the proposal of the Executive Council.

2. The Executive Council appoints the other Youth Advocates.

1. The youth attorneys must have completed a legal education.

1. The investigators carry out investigation actions under the direction or on behalf of the youth advocates.

2. They can order coercive measures during on-call duties. Detention orders during office hours must be issued by the procedural lead youth advocate. In the event of detention orders, the affected juveniles must be personally heard by the procedural lead youth advocate no later than the next business day.

3. The staff members of the social sector participate in social assessments, sanction planning and execution, as well as prevention tasks.

1. The Government Council issues the service regulations for the Youth Attorney's Office.

1. The Youth Attorney's Office designates a data protection officer.

2. He or she

a. advises and assists in the processing of personal data,

b. conducts data protection impact assessments (§ 11a Information and Data Protection Act, IDG), and

c. collaborates with the Data Protection Supervisory Authority (§ 35 IDG).

1. The President of the Juvenile Court adjudicates charges following objections to penal orders that pertain to violations.

1. Appeals and Complaints in Juvenile Criminal Matters are adjudicated by the three-member chamber of the Cantonal Court, Criminal Law Division.

2. The three-member chamber of the Cantonal Court, Criminal Law Division, prioritizes proceedings in juvenile criminal matters.

1. Youth advocacy offices, guardianship bodies, schools, and other youth welfare agencies shall support each other and coordinate their measures.

2. Communications to authorities and out-of-canton administrative offices are permissible if the information is required for the fulfillment of a legal duty.

3. If communications are made according to paragraph 1, the receiving authorities and administrative offices are, in turn, obliged to maintain confidentiality.

1. When juveniles are temporarily detained or arrested, their legal guardians must be informed immediately.

2. Notification of the legal guardians may be delayed if and as long as the interests of the accused juveniles or the investigation require it, particularly in cases of suspected involvement in criminal activities or risk of collusion.

1. The execution of pre-trial detention and preventive detention may also occur through placement in a home, a treatment facility, or with a suitable family.

1. The individuals appointed by the Juvenile Prosecution Office to conduct the mediation process under Article 17 of the Juvenile Criminal Procedure Ordinance (JStPO) determine, in collaboration with the accused juveniles, their legal representatives, and the injured parties, whether a mediation process is feasible.

2. The accused juveniles and the injured parties participate in the mediation process. Their representatives may be admitted to the mediation process if it appears beneficial for the mediation.

3. If an agreement is reached during the mediation process, the established agreement is documented in writing and signed by the accused juveniles, their legal representatives, and the injured parties. Each of the accused juveniles, their legal representatives, the injured parties, and the Juvenile Prosecution Office receives a copy of the signed agreement.

1. The enforcement of labor activities for minors up to the age of 15 can be assumed by the guardianship authority of the municipality of residence.

1. The Law of February 22, 2001, on the Organization of Courts and Prosecutorial Authorities (Court Organization Act, COA) is amended as follows: ...

2. The Law of May 28, 1970, on the Organization and Administration of Municipalities (Municipalities Act) is amended as follows: ...

1. The Act of 13 December 2006 on Juvenile Criminal Procedure (JStVG) is repealed.

1. The government council enacts the commencement of this law.