Implementation Agreement between the Canton of Bern and the Republic and Canton of Jura relating to the transfer of the municipality of Moutier to the Canton of Jura concerning criminal procedures at the preliminary procedure stage (Implementation Agreement concerning criminal procedures at the preliminary procedure stage)

1 This agreement applies to criminal law proceedings that, as of December 31, 2025, are handled by the Bernese criminal authorities (police or public prosecutor major/minor), when the procedure is at the stage of the preliminary procedure (police investigations and preliminary inquiries as per the Swiss Code of Criminal Procedure of October 5, 2007 [CPP]), respectively to procedures that have been resolved at the inquiry stage before January 1, 2026.

2 It also provides rules regarding the enforcement of decisions.

3 Relations between the Bernese and Jura cantonal police unrelated to a criminal procedure are governed by the execution agreement of October 21 and 22, 2025, between the Canton of Bern and the Republic and Canton of Jura concerning the transfer of the municipal commune of Moutier to the Canton of Jura in the domain of police.

4 The fate of the files that have been indicted or whose penal order has been upheld before January 1, 2026, is governed by the execution agreement of December 2 and 3, 2025, between the Canton of Bern and the Republic and Canton of Jura concerning the transfer of the municipal commune of Moutier to the Canton of Jura relating to the procedures pending before the judicial authorities.

1 In case of issues in the implementation of this agreement, the competent Bernese and Jura authorities shall contact each other to resolve them by mutual consent between authorities, without consulting the parties.

2 In the event of a persistent disagreement between authorities, the latter shall forward the file to the competent authority of each canton so that a solution can be found by mutual agreement.

3 If no solution can be found, the jurisdiction determination procedure provided by the CPP is implemented, with the rights of the parties being reserved.

1 In the event of a dispute between the parties regarding the implementation of the concordat on the transfer of Moutier or this agreement, the authorities defined in Article 2 shall decide in such a way as to preserve the solutions established by the concordat on the transfer of Moutier, or by this agreement, to the extent permitted by higher law.

2 If the matter of jurisdiction is the subject of a decision by a federal authority, this decision shall take precedence over the rules of the concordat on the transfer of Moutier or this agreement for future cases to be decided upon dispute, without prejudice to pending proceedings in which the parties have not contested the jurisdiction.

1 Criminal records concerning adult defendants, whose jurisdiction is in Moutier as per Articles 31 and following of the Swiss Criminal Procedure Code (CPP), concerning offenses for which the initial prosecution acts were initiated

a) up to September 30, 2025, and are in the preliminary procedure stage before the Bernese authorities by December 31, 2025, including procedures following the rules regarding penal orders, will be handled by the Bernese authorities until the conclusion of the preliminary procedure;

b) from October 1, 2025, and are in the preliminary procedure stage before the Bernese authorities by December 31, 2025, shall be promptly transferred to the competent Jura authorities (police or Public Prosecutor) according to the modalities of Articles 11 and 12.

2 In cases applying Article 34 of the CPP, the date of the initial prosecution acts of the first offense is decisive.

3 The application of Article 38 of the CPP is reserved, with the Bernese General Prosecutor and the Jura Public Prosecutor being competent to address the potential application of this provision in a procedure that would justify it.

1 Procedures concerning minor defendants whose forum is in Moutier, according to Article 10 of the Federal Act of 20 March 2009 on Juvenile Criminal Procedure (PPMin), that are initiated before the Bernese Cantonal Juvenile Prosecutor's Office and are ongoing as of 31 December 2025, shall remain under the jurisdiction of the Bernese Cantonal Juvenile Prosecutor's Office, Bernese Jura Branch.

2 Procedures whose forum is in Moutier, according to Article 10 PPMin, which are still at the stage of police investigations as of 31 December 2025, are to be transferred with the report to the Jura Juvenile Court. The Bernese police shall complete the report in these cases and remain competent until the report is transmitted.

3 The execution of all decisions taken by the Bernese Cantonal Juvenile Prosecutor's Office, Bernese Jura Branch, until 31 December 2025, or those made after this date for a procedure already opened and not yet adjudicated according to paragraph 1, remains under the jurisdiction of this authority.

4 In the event of a change of residence of the defendant from 1 January 2026 to another Jura commune other than the commune of Moutier, the Jura Juvenile Court and the Bernese Cantonal Juvenile Prosecutor's Office, Bernese Jura Branch, shall engage in discussions to determine if the best interests of the minor require a change in jurisdiction for handling the open criminal procedure.

5 The Bernese Cantonal Juvenile Prosecutor's Office, Bernese Jura Branch, shall establish a list by 1 January 2026 for the attention of the Jura Juvenile Court, detailing cases involving a minor who has habitual residence in Moutier. This list should enable the authorities to discuss cases that might require reassessment, especially in cases of recidivism. In the best interests of the minor, a reassessment can be agreed upon between the Bernese Cantonal Juvenile Prosecutor's Office, Bernese Jura Branch, and the Jura Juvenile Court.

1 The files, whose jurisdiction is in Moutier pursuant to Articles 31 et seq. of the Swiss Code of Criminal Procedure (CPP) or Article 10 of the Juvenile Criminal Procedure Code (PPMin), concerning offenses for which the initial investigative actions were undertaken by the Bernese police against an unknown offender up to September 30, 2025, shall remain with the Bernese police.

2 In the event the offender is identified, the cases are handled by the Bernese police, with the direct cooperation of the Jura police.

3 Proceedings initiated against unknown offenders concerning offenses for which the first investigative actions were undertaken after September 30, 2025, shall be transferred to the Jura police as of January 1, 2026.

4 The application of Article 38 CPP is reserved in cases where the offender is identified.

**1 Procedures, with jurisdiction in Moutier, to be taken over by the canton of Jura pursuant to Article 4, paragraph 1, letter b, of this agreement, initiated before the Bernese Public Prosecutor's Office and involving a detention procedure ongoing as of December 31, 2025, shall be transferred to the canton of Jura after the decision by the Compulsory Measures Court regarding detention. If necessary, the Bernese prosecutor shall continue to gather evidence, with the direct collaboration of the Jura authorities if required.**

**2 In December 2025, the Bernese Public Prosecutor's Office shall request from the competent Bernese authority an extension of detention in cases concerning an offense committed in Moutier for situations where detention is set to expire within the first 15 days of 2026 and which must be taken over by the canton of Jura. The file shall be transferred to the competent Jura authority at the time of the decision regarding the extension, with the Bernese prosecutor continuing to gather evidence as necessary, in direct collaboration with the Jura authorities.**

**3 In the event of substitute measures related to a procedure taken over by the canton of Jura, the supervision of compliance with these measures shall pass to the Jura authority at the time of the transfer of competence to said authority in accordance with Article 11 of this agreement.**

**1** Files processed by the Bernese department of penal orders concerning adult accused persons, whose jurisdiction is in Moutier, involving offenses for which initial prosecutorial actions were initiated up until September 30, 2025, and which are at the preliminary procedure stage before Bernese authorities as of December 31, 2025, will be handled by the Bernese authorities until the conclusion of the preliminary procedure. In the event of an indictment from January 1, 2026, the files will then be taken over by the Jura authorities at that stage.

**2** Procedures whose jurisdiction is in Moutier concerning offenses for which the initial prosecutorial actions were initiated as of October 1, 2025, but which have not yet been subject to a penal order by December 31, 2025, will be processed according to the rules of Article 4, paragraph 1, letter b.

**3** Procedures whose jurisdiction is in Moutier, concerning offenses for which the initial prosecutorial actions were initiated as of October 1, 2025, and which have resulted in penal orders not yet in force as of December 31, 2025, will, following opposition, be reviewed by the Bernese Public Prosecutor's Office, which must decide on how to continue the procedure before any potential jurisdictional transfer. Depending on its decision, the competent authorities are as follows

a) in the event of dismissal of the procedure: the Bernese Public Prosecutor;

b) in the event of a new penal order without additional investigation actions by the Bernese Public Prosecutor: the Jura Public Prosecutor handles any opposition to the new penal order issued beyond December 31, 2025;

c) in the event of additional investigation actions: the Bernese authorities;

d) in the event of establishing a bill of indictment: the Bernese Public Prosecutor drafts the bill of indictment and requests the indictment before the Jura courts.

**4** Annex 2 of the implementation agreement between the Canton of Bern and the Republic and Canton of Jura relating to the transfer of the municipal commune of Moutier to the Canton of Jura concerning pending procedures before judicial authorities applies for the remaining treatment of oppositions to penal orders.

**5** In cases of application of Article 34 of the Swiss Criminal Procedure Code (CPP), the date of the initial prosecutorial actions of the first offense is decisive.

1 Disputes concerning decisions made by a Bernese prosecutor or another Bernese authority before the transmission of the file to the Jura authorities are handled by the Bernese appellate authorities. The same applies to requests for unsealing or for detention, which are filed before the competent Bernese Compulsory Measures Court.

2 Procedures subject to a request for unsealing or an appeal procedure blocking any investigative measure remain under the jurisdiction of the Bernese Public Prosecutor's Office until the decision to unseal or the decision on the appeal comes into force.

**1. The Bernese Police Acting on a Warrant Based on Articles 309 or 312 CCP Until December 31, 2025**

1. The Bernese police acting on a warrant based on Articles 309 or 312 of the Code of Criminal Procedure (CCP) until December 31, 2025, carries out the actions provided for by the warrant, if necessary, with the direct cooperation of the Jura police.

2. In cases taken over by the Jura authorities according to Article 4, Paragraph 1, Letter b of this agreement, the Bernese police prepares a report on the investigative actions and addresses it to the Bernese Public Prosecutor’s Office for transmission to the Jura authority that has assumed the procedure. This authority must decide on the continuation of the procedure.

3. If a covert measure is underway on December 31, 2025, in a procedure that is taken over by the Jura authorities in accordance with Article 4, Paragraph 1, Letter b of this agreement, the Bernese police remains competent until a possible extension of this measure by the Jura authorities, with the Bernese police cooperating with the Jura police. The Bernese police provides a report before the end of the measure to the Jura authority that has taken over the case for a possible request for extension, but no later than March 31, 2026, for covert measures not subject to a deadline.

1. Regarding matters not settled by the present agreement, the Recommendations of November 20, 2025, concerning the determination of jurisdiction by location (forum recommendations) of the Swiss Conference of Public Prosecutors shall apply.

2. The transmission of a case file to the competent judicial authority in Jura based on this agreement shall take place without a forum determination procedure via the Bernese General Prosecutor's Office.

3. The Jura Public Prosecutor's Office shall issue a forum recognition order upon receipt of the case file.

4. In investigation files, a table of contents shall be prepared and placed at the beginning of each file.

5. If proceedings are underway at another canton as part of a forum reassignment procedure as of December 31, 2025, and they concern the Moutier forum, the authority of the third canton or an authority from a region other than Bernese Jura-Seeland shall be immediately notified by the Bernese Public Prosecutor's Office that jurisdiction must be transferred to the canton of Jura, if applicable under this agreement. The Jura authorities shall become competent to discuss the determination of the forum.

6. The application of Article 38 of the Criminal Procedure Code (CPC) is reserved. In case of application of this provision, a decision shall be rendered.

1. Appointments for free legal counsel under Articles 127 and following of the Code of Criminal Procedure are not revoked upon the transfer of jurisdiction. Each canton has its own rate concerning this matter.

2. When the file is transmitted, the Bernese prosecutor issues a decision on the advance of costs regarding the lawyer's activity carried out until the jurisdiction is handed over to the Jura authority. The advances of costs decided by the Bernese Public Prosecutor's Office are paid by the Canton of Bern for the activities carried out by the appointed legal counsel until this handover. They must, if necessary, be reimbursed to the Canton of Bern concerning the portion paid by the latter according to the final decision rendered.

3. The transfer of the municipality of Moutier to the Canton of Jura has no impact on the obligation to reimburse legal aid to the Canton of Bern for a party that has benefitted from it and whose economic situation has improved.

4. The Jura authorities communicate to the Bernese authority, which was last seized of the case, the rulings relating to cases where an obligation to reimburse the Canton of Bern exists or could exist.

Criminal proceedings concerning accused persons, whether adults or minors, initiated until December 31, 2025, under the Bernese cantonal criminal law, in cases where the jurisdiction is in Moutier, remain under the jurisdiction of the Bernese criminal authorities. If necessary, a severance is pronounced before the transmission of a procedure to the competent Jura authorities.

In criminal cases handled by the Bernese Public Prosecutor's Office that have become final, where the jurisdiction is in Moutier pursuant to Articles 31 and following of the Swiss Code of Criminal Procedure, and concerning adult suspects, the competence to handle subsequent proceedings belongs to the competent authorities of the Canton of Bern.

1 The Bernese authorities remain competent for the execution of decisions rendered by the Bernese Public Prosecutor's Office in cases where jurisdiction is in Moutier and concerning adult accused persons.

2 Regarding conduct rules, the Bernese authorities remain competent to verify compliance with these measures if they were ordered by December 31, 2025, in cases where jurisdiction is in Moutier and concerning adult accused persons.

1 The files to be transferred are organized and accompanied by a list of appended documents, including inventories of supporting documents, any printed files indicating the authority to whom they must be returned, and any internal notes regarding legal research. With regards to seized items, they are transferred with the file.

2 The files are archived in the canton where the procedure concludes, regardless of the instance.

1 Upon adoption of the present agreement, the Bernese Public Prosecutor's Office and the Attorney General of the Canton of Jura shall simultaneously communicate it to both cantonal bar associations to inform them thereof.

2 Once adopted, the present agreement shall be published on the websites of both Public Prosecutor's Offices and remain there at least until December 31, 2026.

1 Subject to paragraph 2, this agreement enters into force on January 1, 2026.

2 Articles 7, paragraph 2, and 17 of this agreement enter into force immediately.