CH-JU
Art. 24 Swiss Code of Criminal Procedure Introductory Act (SCCP Introductory Act)
Art. 24 Swiss Code of Criminal Procedure Introductory Act (SCCP Introductory Act)
1 When a criminal procedure is initiated due to a prevention that may affect significant interests of the State, as well as other important public interests, the Public Prosecutor's Office or the court examines, upon request, whether it is appropriate to inform an administrative authority. It may also do so on its own initiative.
2 Such information comes into consideration when the potential offense
a) may jeopardize the protection of minors, especially students, or other persons in need of assistance;
b) may jeopardize the protection of police assets, particularly public health and safety;
c) was committed in the exercise of a profession subject to authorization or placed under disciplinary supervision.
3 The information can only be transmitted under the following cumulative conditions
a) there are serious presumptions against the prosecuted person;
b) the alleged facts are serious;
c) the communication appears justified in view of the relationship between, on the one hand, the importance of the legal interest that the information seeks to protect and, on the other, the interests of the prosecuted person.
4 Furthermore, communication during the procedure can only take place if urgent preventive measures are under consideration.
5 Before transmitting the information, the Public Prosecutor's Office or the court allows the prosecuted person to exercise their right to be heard, and if they object to the communication, a decision is made. The decision is subject to appeal before the Administrative Court within ten days. The prosecuted person and the administrative authority that requested the information have standing to appeal.
6 The transmitted information pertains to the initiation of a criminal procedure and its purpose, as well as its outcome. Depending on the circumstances, other elements are brought to the attention of the authority to the extent necessary to take measures aimed at protecting the public interest, particularly provisional measures.
7 The procedure is regulated by the Code of Administrative Procedure.