Introductory Act to the Swiss Criminal Procedure Code (EG StPO) - Subject Matter (CPP)

1. This law governs the enforcement of the Swiss Criminal Procedure Code (StPO).

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

2. Special procedural provisions remain reserved.

1. The public prosecution office is independent in the application of the law and is solely committed to law and justice (Art. 4 para. 1 CCP).

1. The government council exercises oversight over the public prosecutor's office.

2. The government council can issue binding instructions to the public prosecutor's office concerning the execution of its duties.

3. In its individual case decisions regarding the initiation, conduct, and conclusion of proceedings, as well as the representation of the prosecution in court and the taking of legal remedies, the public prosecutor's office is not subject to any instructions.

1. The Executive Council exercises supervision with the assistance of a specialist commission.

2. The specialist commission consists of 3 members and 1 secretary. At least 1 member is the president of a court in Basel-Landschaft. The members must be recognized experts in the field of criminal procedure law and criminal law. The specialist commission appoints the secretary.

3. The Cantonal Parliament elects the members of the specialist commission. The Cantonal Court has the right to propose the judicial member of the specialist commission. Members of the Basel-Landschaft prosecution authorities and party representatives who appear before the criminal authorities of the Canton of Basel-Landschaft or represent Basel-Landschaft cases before the Federal Supreme Court are not eligible for election.

4. The specialist commission conducts inspections on behalf of the Executive Council or on its own initiative. The members of the specialist commission may request information from the Public Prosecutor's Office and review the files. They are subject to official secrecy.

5. ...

1. The expert commission submits an inspection report to the governing council based on the inspection, during which the public prosecutor's office is to be heard, and may submit proposals for measures.

1. The government council decides based on the inspection report regarding the proposals of the specialist committee.

2. It forwards its decisions, along with the inspection report, to the Justice and Security Commission.

3. The resolutions of the government council and the inspection report of the specialist committee are to be published from the date of the government council's resolution. The inspection report must be published by the government council no later than 3 months after its submission.

1. The Justice and Security Commission presents its position to the Cantonal Council regarding the report of the Expert Commission and the decisions of the Government Council.

1. The Government Council reports to the Expert Committee and the Justice and Security Committee on the implementation of the adopted measures.

1. The Public Prosecutor's Office may charge fees for its services up to CHF 60,000, exceptionally up to CHF 500,000.

2. The amount of the fees is determined by the amount of work involved.

3. The government council issues a fee schedule.

1. The Public Prosecutor’s Office is led by the Chief Public Prosecutor.

2. The Chief Public Prosecutor has the following duties, in particular

a. He or she is responsible for the personnel, operational, and professional management of the Public Prosecutor’s Office and for the coordinated further training of staff.

b. He or she represents the Public Prosecutor’s Office externally.

c. He or she is responsible for quality assurance.

d. He or she conducts criminal investigations in selected cases and files charges in court.

1. The Public Prosecutor's Office is divided into main divisions, which are led by Chief Prosecutors.

2. Each main division is responsible for one or more categories of offenses.

3. The Chief Prosecutors, along with the First Prosecutor, form the management team.

1. The management ensures the information and coordination within the public prosecutor's office.

2. The management supports the Chief Public Prosecutor in the fulfillment of his or her duties.

3. Additional tasks may be assigned to the management in the service regulations.

1. The Cantonal Council elects the Chief Prosecutor and individually the Senior Prosecutors upon the recommendation of the Executive Council. The Cantonal Council is bound by the recommendations of the Executive Council.

2. The Cantonal Council determines the number of Senior Prosecutors and ordinary Prosecutors upon the recommendation of the Executive Council.

3. The Executive Council appoints the other Prosecutors. It may appoint an extraordinary Prosecutor for the duration of handling specific cases.

4. The Public Prosecutor's Office employs the other staff members of the Public Prosecutor's Office.

1. Prosecutors must have completed a legal education.

2. In exceptional cases, the requirement of completed legal education may be waived if there is an equivalent, subject-related education or many years of experience in criminal prosecution.

1. Investigating officers are authorized to conduct investigative actions under the direction or on behalf of public prosecutors.

2. Investigating officers have the authority during on-call duty outside of office hours (working days from 8 AM to 12 PM and 1:30 PM to 6 PM) to order coercive measures, apply for detention to the coercive measures court, and represent on-call cases before it.

1. The Chief Public Prosecutor may authorize investigators, who meet the requirements of Section 11, to issue penal orders in misdemeanor cases.

1. The Government Council issues the service regulations for the Public Prosecutor's Office.

1. The Public Prosecutor's Office appoints a data protection consultant.

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. As a court of first instance, the following are adjudicated

a. the Presidency of the Criminal Court handles offenses for which the Public Prosecutor requests

1. * a fine or

2. * ...

3. a custodial sentence of up to 1 year or

4. a fine of up to CHF 1,000,000 or

5. * a measure, except those pursuant to Articles 59 and 64 of the Swiss Criminal Code (Article 19 StPO), or

6. the revocation of a previous conditional sentence or the transfer back to custodial enforcement is requested, and the total duration of the sentence, together with the new sentence, amounts to a maximum of 18 months of imprisonment or 540 daily fine units, or

7. the transfer back to the enforcement of a measure according to item 5 above is requested.

b. the Panel of Three of the Criminal Court handles offenses for which the Public Prosecutor requests

1. * a custodial sentence of more than 1 year and up to 5 years or

2. a fine from CHF 1,000,001 to 2,500,000 or

3. a measure, except a detention under Article 64 of the Swiss Criminal Code, or

4. * the revocation of a previous conditional sentence or the transfer back to custodial enforcement is requested, and the total duration of the sentence, together with the new sentence, amounts to a maximum of 7 years and 6 months of imprisonment, or

5. the transfer back to the enforcement of a measure according to item 3 above is requested.

c. the Panel of Five of the Criminal Court handles all other offenses.

2. If the Presidency or the Panel of Three of the Criminal Court assumes in a case referred to it that a sentence or measure should be pronounced that exceeds the Public Prosecutor's request and its jurisdiction, it refers the case to the Panel of Three or the Panel of Five, respectively. If the Panel of Three or the Panel of Five underruns its jurisdictional limits, no referral to the Panel of Three or the Presidency takes place.

3. Cumulative sentences and additional minor offense penalties do not alter jurisdictions.

4. The Coercive Measures Court performs the following tasks

a. Tasks pursuant to Article 18 StPO;

b. Further tasks assigned by law.

1. As Court of Appeal

a. The Three-Judge Chamber of the Cantonal Court, Criminal Division, assesses offenses and misdemeanors for which a measure according to Articles 59-63 of the Swiss Criminal Code (SCC), a custodial sentence of up to 3 years, a monetary penalty, community service, a fine, or, in the case of conditional sanctions to be revoked simultaneously, a custodial sentence of up to 3 years, a monetary penalty, community service, or a fine is requested;

b. The Five-Judge Chamber of the Cantonal Court, Criminal Division, assesses all other crimes and misdemeanors.

2. The function of the appellate instance is exercised by the Three-Judge Chamber of the Cantonal Court, Criminal Division.

1. Subject to reciprocity, legal assistance is also provided for offenses under cantonal law.

1. Jurisdiction for the declaration of enforceability of foreign criminal judgments, according to the provisions of the Federal Act on International Mutual Assistance in Criminal Matters (IMAC), is determined by § 14.

2. If the foreign criminal judgment concerns a child or a juvenile person, the jurisdiction for the declaration of enforceability is governed by the provisions of juvenile criminal justice.

1. The procedure for granting enforceability is generally conducted in writing.

1. An appeal is permissible against the decision on the declaration of enforceability.

2. Section 15 applies to the subject-matter jurisdiction.

1. Competent Authority for the Authorization of the Use of an Institution Managed by the Canton of Basel-Country by Foreign Entities pursuant to Art. 99 of the Federal Act on International Mutual Assistance in Criminal Matters (IMAC) is the Directorate of Security.

**1. The accused person may appoint any legally competent, reputable, and trustworthy person as legal counsel in misdemeanor proceedings.**

1. The Public Prosecutor's Office commissions specifically named members of the Basel-Landschaft police to conduct witness interrogations in individual cases.

1. Until the final legal conclusion of the proceedings, the proceedings management is responsible for other protective measures within the meaning of Art. 156 of the Code of Criminal Procedure.

2. The persons to be protected can, in particular, be provided with a cover identity in accordance with Art. 288 Section 1 of the Code of Criminal Procedure and the necessary documents for this purpose.

1. The procedural authority or the police may offer rewards for the assistance of the public in the manhunt.

2. Rewards exceeding CHF 10,000 must be approved

a. if offered by the police, by the Department of Security;

b. if offered by the public prosecutor's office, by the Government Council;

c. if offered by a court, by the president of the Cantonal Court.

1. For the ordering of a detention exceeding 3 hours due to an infraction, any member of the command staff of the Basel-Landschaft police is responsible.

1. Pre-trial detention is executed in the cantonal prisons. Exceptionally, and for a maximum of 7 days, detained persons may be accommodated at a police station.

2. If reasons related to the criminal proceedings (namely risk of collusion) or the execution and care (namely special danger or particular requirements regarding care) necessitate it, they may be placed in appropriate institutions outside the canton.

3. Upon the request of the detained person and if no significant procedural reasons oppose it, the procedural authorities may order that the pre-trial and security detention be executed in an appropriate penal or correctional institution. In the case of transfers to correctional institutions, the public prosecutor's office shall obtain the consent of the president of the court responsible for the main proceedings before making its decision.

4. Persons who, pursuant to paragraph 1, are in a penal or correctional institution, remain subject to the provisions concerning pre-trial detention and, insofar as nothing else results from their status as pre-trial detainees, also to the respective institution's regulations.

5. The government council shall issue regulations concerning the execution of pre-trial and security detention.

1. The Department of Security ensures the care of the detained persons by appropriate individuals or authorities. These individuals or authorities can interact with the detained persons at any time freely and without supervision as part of their duties; they inform the procedure management about the nature of the care relationship.

2. The procedure management may impose restrictions on the care if there is a threat of collusion, aiding escape, or continuation of criminal activities through the interaction between detained persons and their caregivers.

1. The Security Directorate ensures the medical care of detained persons.

2. If the care possible in the district prison or at the police station is insufficient, the proceedings management relocates the detained person, in consultation with the Security Directorate, to an appropriate facility.

3. If the ability to withstand detention cannot be ensured even with measures pursuant to paragraphs 1 and 2, the proceedings management orders the release from detention.

1. The anticipation of enforcement measures pursuant to the provisions of the Swiss Criminal Code and the Swiss Code of Criminal Procedure occurs in consultation with the enforcement authority. The procedural management transmits the necessary files to it as needed.

1. Members and employees of cantonal and municipal authorities are obliged, within their area of responsibility, to report concrete indications of a criminal offense or its perpetration to the public prosecutor's office. If the report is made to a police organ, it shall forward it immediately to the public prosecutor's office.

2. The obligation to report does not apply to

a. Persons who have the right to refuse to testify according to Articles 168, 169, 172, or 173 of the Swiss Criminal Procedure Code;

b. Persons whose official duties require a special relationship of trust with a person involved in or affected by the criminal offense;

c. * Holders of mandates for child and adult protection concerning the accused person, members and employees of the child and adult protection authorities, as well as employees of professional guardianship services;

d. Auxiliary persons engaged under mandates according to letter c.

3. In the case of minor offenses, members and employees of authorities may refrain from reporting if the culpability of the perpetrator is particularly minor and the consequences of the act are insignificant.

1. If an administrative authority files a complaint, it must, as far as possible beforehand, gather and secure all evidence within its jurisdiction where there is imminent danger.

2. The public prosecutor clarifies the facts of the case in cooperation with the competent administrative authority.

3. If the administrative authority declares its intention to participate in the proceedings, it may request measures to obtain evidence and shall be given the opportunity to comment on the outcome before the conclusion of the investigation.

4. In indictment and court proceedings, the administrative authority is granted the same rights to information as the private complainant. Any rights to participate and make requests are exercised through the public prosecutor's office.

1. The criminal authorities inform other authorities about pending or concluded criminal proceedings, insofar as these authorities require the information to fulfill a statutory duty.

2. The criminal authority responsible for concluding the proceedings delivers the dispositive of the final judgment or decision to the relevant employment, supervisory, or licensing authority if

a. It is necessary for the protection of persons who are in an educational, supervisory, or employment relationship with the convicted person or are otherwise dependent on them, and an offense against physical or sexual integrity has occurred;

b. The convicted person engages in teaching, educational, or supervisory activities with minors, and an offense according to Art. 197 Sec. 1 of the Criminal Code (StGB) or child pornography offenses according to Art. 197 Sec. 3 and 3bis StGB has been committed, provided it is a severe case;

c. A report pursuant to § 30 has already been made.

3. In cases of final discontinuation of proceedings or final acquittal, a report is only made if

a. The conditions according to Para. 2 Subpara. a are met and the protective interest according to this provision outweighs the legally protected interests of the acquitted person, or

b. In the case of Para. 2 Subpara. c.

4. Each recipient of the report is prohibited from disclosing this information to unauthorized third parties.

5. Upon request, the court or criminal authority provides the recipients of the report with the necessary information. Access to files may be granted if necessary.

6. Upon request or on their own initiative, the court or criminal authority informs the agency responsible for threat management about pending or concluded criminal proceedings. They provide the necessary information and grant access to files, insofar as the agency responsible for threat management requires it to fulfill its statutory duties. The provisions of Paras. 2-5 and § 30 do not apply.

1. A report on a pending criminal proceeding shall be made in accordance with § 29 paragraphs 2-5, if its conditions are fulfilled mutatis mutandis and there is an assumption of an immediate danger.

2. A report on a pending criminal proceeding may be made in accordance with § 29 paragraph 2 letter b, if its conditions are fulfilled mutatis mutandis and the criminal proceeding pertains to offenses under Article 197 number 1 of the Penal Code or child pornography according to Article 197 numbers 3 and 3bis of the Penal Code.

3. The public prosecutor's office shall submit an application to the presidency of the criminal court along with the files and a brief justification for approval. The presidency shall forward the application to the affected person with a brief, non-extendable deadline for response.

4. The presidency shall decide on the approval of the report within 5 working days after receiving the response.

5. The decision of the presidency shall be briefly substantiated and is final.

6. If the conduct of proceedings is the responsibility of the court, the report shall be made upon the issuance of a res judicata order by the competent court presidency.

7. Each recipient of the report is prohibited from disclosing this information to unauthorized third parties.

8. Upon request, the court or the public prosecutor’s office shall provide the necessary information to the recipients of the report.

1. Notifications pursuant to § 29 subsections 2-5 and § 30 are included

a. in the non-prosecution order;

b. in the indictment;

c. in the penal order;

d. in the dismissal order;

e. in the verdict.

1. In the surveillance of professionals bound by professional secrecy under Articles 170-173 of the Code of Criminal Procedure, the presidency of the Compulsory Measures Court conducts the triage.

1. Amendments

1. Liability Law: The law of April 24, 2008, concerning the liability of the Canton and municipalities (Liability Law) is amended as follows: ...

2. Cantonal Law on Coercive Measures in Immigration Law: The Cantonal Law of May 20, 1996, on coercive measures in immigration law is amended as follows: ...

3. Law on Political Rights: The law of September 7, 1981, on political rights is amended as follows: ...

4. Council Act: The law of November 21, 1994, on the organization and operation of the Cantonal Council (Council Act) is amended as follows: ...

5. Rules of Procedure of the Cantonal Council: The decree of November 21, 1994, on the organization and operation of the Cantonal Council (Rules of Procedure of the Cantonal Council) is amended as follows: ...

6. Administrative Organization Law: The law of June 6, 1983, on the organization of the Executive Council and the cantonal administration (Administrative Organization Law) is amended as follows: ...

7. Decree on the Administrative Organization Law: The decree of June 6, 1983, on the Administrative Organization Law is amended as follows: ...

8. Personnel Law: The law of September 25, 1997, on the employment relationships of the Canton's employees (Personnel Law) is amended as follows: ...

9. Decree on the Personnel Law (Personnel Decree): The decree of June 8, 2000, on the Personnel Law (Personnel Decree) is amended as follows: ...

10. Law on the Ombudsman: The law of June 23, 1988, on the Ombudsman is amended as follows: ...

11. Judicial Organization Law: The law of February 22, 2001, on the organization of courts and prosecution authorities (Judicial Organization Law, JOG) is amended as follows: ...

12. Judicial Organization Decree: The decree of February 22, 2001, on the law regarding the organization of courts and prosecution authorities (Judicial Organization Decree, JOD) is amended as follows: ...

13. Administrative Procedure Law: The Basel-Landschaft Administrative Procedure Law (APL BL) of June 13, 1988, is amended as follows: ...

14. Legal Profession Law: The Basel-Landschaft Legal Profession Law of October 25, 2001, is amended as follows: ...

15. Municipal Law: The law of May 28, 1970, on the organization and administration of municipalities (Municipal Law) is amended as follows: ...

16. Law on the Introduction of the Code of Obligations: The law of October 17, 2002, on the introduction of the Code of Obligations (IE CO) is amended as follows: ...

17. Law on Authorities and Procedures for Disputes from Leases and Renting of Immovable Property: The law of March 22, 1995, on authorities and procedures for disputes from leases and renting of immovable property is amended as follows: ...

18. Introductory Law to the Federal Debt Collection and Bankruptcy Law: The introductory law of September 19, 1996, to the Federal Debt Collection and Bankruptcy Law (IE DCBL) is amended as follows: ...

19. Penal Execution Law: The law of April 21, 2005, on the execution of sentences and measures (Penal Execution Law, PEL) is amended as follows: ...

20. Administrative Procedure Code: The law of December 16, 1993, on the constitutional and administrative procedure code (Administrative Procedure Code, APC) is amended as follows: ...

21. Tax Law: The law of February 7, 1974, on state and municipal taxes (Tax Law) is amended as follows: ...

22. Property Insurance Law: The law of January 12, 1981, on the insurance of buildings and land (Property Insurance Law) is amended as follows: ...

23. Law on Expropriation: The law of June 19, 1950, on expropriation is amended as follows: ...

24. Ordinance Concerning the Cantonal Jurisdiction Regulation to the Federal Aviation Law: The ordinance (of the Cantonal Council) of November 17, 1952, concerning the cantonal jurisdiction regulation to the Federal Aviation Law is amended as follows: ...

25. Law on the Cultivation and Distribution of Hemp and Hemp Products: The law of May 12, 2005, on the cultivation and distribution of hemp and hemp products is amended as follows: ...

26. Hospitality Law: The Hospitality Law of June 5, 2003, is amended as follows: ...

27. Ordinance on the Federal Measurement Act: The ordinance (of the Cantonal Council) of March 21, 1985, on the Federal Measurement Act is amended as follows: ...

28. Police Law: The Police Law of November 28, 1996, (PL) is amended as follows: ...

29. Law on the Fight Against Undeclared Work (LFAUW): The law of January 24, 2008, on the fight against undeclared work (LFAUW) is amended as follows: ...

30. Ordinance on the Federal Home Work Law: The ordinance (of the Cantonal Council) of October 27, 1983, on the Federal Home Work Law is amended as follows: ...

31. Hospital Law: The Hospital Law of June 24, 1976, is amended as follows: ...

32. Hospital Decree: The Hospital Decree of November 22, 2001, is amended as follows: ...

1. Repealed are

a. The Act of June 3, 1999 concerning the Code of Criminal Procedure (StPO).

b. The Decree of March 29, 1982 on International Legal Assistance in Criminal Matters.

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