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321.1 EGSTPOLICPP CH-JU

Art. 15 Law on the Introduction of the Swiss Code of Criminal Procedure (LiCPP)

3. Criminal Law, procédure pénale, **Execution** 32. Criminal Procedure 321. General Provisions
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Art. 15 Law on the Introduction of the Swiss Code of Criminal Procedure (LiCPP)

**1 On Delegation from the Prosecutors and Subject to Paragraph 2, the Clerks of the Public Prosecutor's Office May Be Entrusted with the Following Acts (Art. 142, para. 1, and 311, para. 1, CCP):**

a) In cases where the accused faces a custodial sentence of up to six months or a monetary penalty: venue agreements, investigative acts, suspension, issuance of penalty orders as well as dismissal orders, jointly with the Attorney General or alone in cases provided for under Article 13, second sentence, letters b, c, and d of this law;

b) Mediations when the preliminary procedure involves solely offenses prosecuted upon complaint;

c) Orders of non-entry in matters, jointly with the Attorney General or alone in cases provided for under Article 13, second sentence, letters b, c, and d of this law;

d) Investigative acts in procedures in cases of opposition to a contravention penalty order;

e) Investigative acts concerning international legal assistance;

f) Exchanges of views in venue determination procedures;

g) Suspensions of proceedings pursuant to Article 314, paragraph 1, letter a, of the Swiss Code of Criminal Procedure;

h) Other similar tasks upon express delegation.

**2 Clerks Are Not Authorized to:**

a) Order coercive measures subject to examination by the coercive measures judge;

b) Initiate prosecution and support it;

c) Exercise the competencies provided for in Article 14 of this law.

← Art. 14 Act on the Introduction of the Swiss Code of Criminal Procedure (LiCPP) 3. Criminal Law, procédure pénale, Execution » 32. Criminal Procedure » 321. General Provisions Art. 16 Introductory Law to the Swiss Code of Criminal Procedure (LiCPP) →

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Court Decisions Applying This Provision (1)

CP 2018 42 · ju (Art. 15 al. 2 let. b LiCPP)
Defamation conviction overturned due to procedural error in prosecutor's clerk's accusation.
Cited to establish that the court clerk of the Public Prosecutor's Office was not authorized to initiate the prosecution.