3. Criminal Law, procédure pénale, Execution » 32. Criminal Procedure » 321. General Provisions (EGSTPO)

1 This law contains the provisions for the implementation of the Swiss Code of Criminal Procedure (SCCP).

2 The organization, administration, status, and supervision of the courts and the Public Prosecutor's Office are governed by the law on judicial organization.

3 Provisions of other cantonal laws remain reserved.

The terms used in this law to refer to persons apply equally to women and men.

1 The provisions of the Swiss Code of Criminal Procedure and the present law also govern procedures pertaining to cantonal and communal criminal law.

2 Procedural provisions contained in other cantonal or communal legislative acts, particularly in the decree concerning the repressive power of the communes, are reserved.

Procedures before the criminal authorities are conducted in French.

The prosecuting authorities are

a) the judicial police;

b) the Public Prosecutor's Office.

The judicial police includes

1. the judicial police officers;

2. the employees and agents to whom certain judicial police powers are granted by law.

Agents of law enforcement are

1. agents of the cantonal police;

2. trainees of the cantonal police from the moment they take their oath;

3. agents of municipal or inter-municipal police within the limits of their duties set by cantonal legislation;

4. collaborators from other security forces within the limits of their duties defined by agreement;

5. employees empowered by special laws granting them such duties;

6. wardens in the fields of hunting, fishing, and environmental protection acting within the scope of their legal duties.

1. Officers of the judicial police are the judicial police agents of the cantonal police expressly designated as such by the Public Prosecutor's Office.

2. Judicial police agents of the cantonal police holding positions as head of service, Officer II, Officer I, senior non-commissioned officer, or non-commissioned officer II may be expressly designated.

3. The Public Prosecutor's Office determines the requirements for designation.

Only judicial police officers are authorized to order or execute the following coercive measures

1. order, in cases of imminent danger, a house visit (art. 213, para. 2, CPC);

2. order provisional arrest (art. 217 CPC);

3. extend custody beyond three hours (art. 219, para. 5, CPC);

4. order, in cases of imminent danger, the examination of body orifices and cavities (art. 241, para. 3, CPC);

5. order, in cases of imminent danger, a search (art. 241, para. 3, CPC);

6. order a non-invasive collection of samples from the human body, including DNA, and establish a DNA profile from biological material related to the offense;

7. order the seizure of identification data (art. 260 CPC);

8. order surveillance for up to one month (art. 282 CPC);

9. pronounce the immediate eviction from the common dwelling in crisis situations in accordance with Articles 28b, paragraph 4, of the Swiss Civil Code and 20a of the law introducing the Swiss Civil Code;

10. order secret preliminary investigations for up to one month during police investigation (art. 298b CPC).

Only the following individuals are authorized to interview witnesses on behalf of the Public Prosecutor's Office (Art. 142, para. 2, 2nd sentence, CCP)

1. Judicial police officers of the cantonal police holding the position of head of department, Officer II, Officer I, senior non-commissioned officer, Non-commissioned Officer II, or Non-commissioned Officer I;

2. Judicial police officers of municipal or inter-municipal police forces holding an equivalent position.

The persons designated in Articles 6 to 8 above are, in their capacity as bodies of the judicial police, subject to the supervision and instructions of the Public Prosecutor's Office or the court seized of the matter, in accordance with the Swiss Code of Criminal Procedure. They report to the Government any breaches they observe within the bodies of the judicial police.

The competencies of the Public Prosecutor's Office are those set forth in the Swiss Code of Criminal Procedure, in the following articles, as well as in special legislation.

The orders of dismissal and non-entrance in matters issued by the Public Prosecutor's Office are jointly made by the prosecutor in charge of the case and the Attorney General or, if the latter is unable to act, another prosecutor. The prosecutor in charge of the case decides alone under the following circumstances

a) when the order is notified to the complainant;

b) when it is demonstrated that the event leading to the proceedings was not caused by a third-party human intervention;

c) in the event of the defendant's death;

d) when the offense is prosecutable only upon complaint, in the absence of a duly filed complaint or if the complaint is withdrawn.

Each prosecutor is authorized to

a) file an appeal;

b) lodge an appeal;

c) refer a case to the Federal Court;

d) submit a request for revision.

**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.

1. The Attorney General may delegate to certain experienced associates of the Public Prosecutor's Office the authority to rule on contraventions according to a list he establishes, provided that these are not in conjunction with offenses of another nature.

2. The associates designated for this purpose may impose fines up to the amount specified for registration in the criminal record.

3. They are also competent to rule on reports arising from the non-payment of summary fines imposed under the Federal Act of March 18, 2016, on summary fines and the Act of January 29, 2020, introducing the Federal Act on summary fines.

4. The designated associates may, in particular, conduct hearings of the offender.

5. They rule based on denunciation reports and complaints that are submitted to them.

1 Classification orders are issued jointly by the designated associate and a prosecutor.

2 Objections to penalty orders are handled by a prosecutor.

1 If the collaborator believes that the reported offense constitutes a crime or if the fine that may be applicable exceeds the limit set in Article 16, paragraph 2, they shall automatically forward the file to a prosecutor with a brief justification.

2 If the prosecutor agrees with the collaborator's recommendation, they adjudicate the matter themselves.

3 Otherwise, they return the file to the collaborator.

Criminal justice is administered

a) in the first instance, by the criminal judge, the Criminal Court, and the judge of coercive measures;

b) in the second instance, by the Criminal Court of Appeals and the Criminal Appeals Chamber.

**The Criminal Judge Has Jurisdiction Over:**

a) infractions;

b) crimes and offenses, except for those where the Public Prosecutor requires a custodial sentence exceeding two years, detention as per Article 64 of the Swiss Criminal Code, treatment according to Article 59, paragraph 3, of the Swiss Criminal Code, or a deprivation of liberty exceeding two years upon the revocation of a suspension.

The Criminal Court exercises the powers that are not assigned to the criminal judge according to Article 20.

The Criminal Court has jurisdiction over

a) appeals lodged against judgments rendered by the courts of first instance;

b) requests for review.

The Criminal Appeals Chamber hears appeals against procedural acts and against decisions not subject to appeal rendered by

a) the criminal judge and the Criminal Court;

b) the Public Prosecutor's Office and the police;

c) the coercive measures judge in the cases provided for by the Swiss Code of Criminal Procedure.

Members of the Government, judges, and prosecutors may only be prosecuted for crimes or offenses committed in the exercise of their duties with the authorization of Parliament.

1 A member of Parliament cannot be prosecuted for statements made within the Parliament, the Bureau, and the committees, subject to offenses committed to the detriment of persons lacking the immediate opportunity to respond, offenses related to a breach of official secrecy, or offenses stipulated under Article 261bis of the Swiss Penal Code, for which the Parliament may authorize criminal prosecution.

2 The same immunity applies to members of the Government.

1 When Parliament is presented with a request for the waiver of relative immunity, the Bureau assigns the examination to a committee, which investigates the case, provides the concerned individuals with the opportunity to exercise the right to be heard, and issues a preliminary opinion intended for the plenary session.

2 The plenary session first makes a decision on whether to consider the request, specifically if the potential offense falls within the scope covered by immunity, and subsequently makes a sovereign decision, in a second ruling, on the waiver of immunity.

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.

**1 The department to which the cantonal police is affiliated shall take appropriate protective measures for the individuals mentioned in Article 149, paragraph 1, of the Swiss Code of Criminal Procedure who remain threatened outside of the procedure, upon its conclusion. In particular, it may provide them with an assumed identity pursuant to Article 288, paragraph 1, of the Swiss Code of Criminal Procedure and issue the necessary documents in this regard.**

**2 The Government may regulate the details by way of ordinance.**

The Public Prosecutor's Office, with the agreement of the department to which the justice system is attached, may grant a reward to individuals who have made a significant contribution to investigations in particularly serious cases.

Subject to Article 235, paragraphs 2, 3, and 4, of the Swiss Code of Criminal Procedure, the rights and obligations of detainees in the establishments of the Canton, as well as disciplinary measures, are governed in accordance with the Law on Detention Facilities.

1 At the request of the competent court, the probation officer ensures the supervision of alternative measures in accordance with Article 237 of the Swiss Code of Criminal Procedure. Upon request by the probation officer, the procedural management shall provide the criminal file for consultation.

2 Upon request from the procedural management, the probation officer prepares a report on the supervision of the measures. The probation officer shall immediately inform them if the accused fails to comply with the obligations imposed.

3 The probation officer regularly communicates to the Cantonal Police and the Public Prosecutor's Office the name, surname, address, and date of birth of individuals subject to alternative measures being monitored, as well as any obligations imposed on them. The Cantonal Police and the Public Prosecutor's Office report to the probation officer any particular events that may require their intervention.

4 The probation officer may exchange information, including sensitive data and personality profiles, with the Cantonal Police as well as with police authorities from other cantons, for the purpose of ensuring public safety and monitoring individuals subject to alternative measures. They are authorized to transmit the file or parts thereof.

5 The probation officer may seek the cooperation of other authorities, institutions, or persons involved in the monitoring of the concerned individual, particularly for ensuring public safety or instructing files. They may then exchange the information and documents mentioned in paragraph 4 with these parties. The probation officer may also respond to requests for cooperation from other cantons.

6 The probation officer may inform authorities or persons of the implementation of an alternative measure that directly concerns them.

1 The Government shall define, by means of an ordinance, the applicable modalities when the court orders the use of technical devices that can be attached to a person to monitor the implementation of alternative measures.

2 It shall specifically designate the competent authorities to install the devices, receive the data, and access it, as well as to oversee the implementation of the alternative measure.

3 The procedure management may, at any time, access the data related to the use of the devices.

4 In the event of non-compliance with the conditions and obligations or solicitation within an ongoing criminal investigation, it is authorized to transmit this data to the competent police and judicial authorities. This authority may be delegated, by means of an ordinance, to the body responsible for receiving the data.

5 In the event of the accused fleeing, the data may also be transmitted to the foreign authorities where the individual is located.

6 The collected data shall be retained for twelve months after the devices have stopped being used. A judicial authority may request the extraction and recording of the data on an independent medium for preservation in the context of a criminal proceeding.

The physician who certifies the death reports cases of suspicious deaths to the Public Prosecutor's Office.

1 The judicial bodies that, in the exercise of their functions, become aware of an offense that is prosecuted ex officio are required to report it to the Public Prosecutor and to transmit all related information, reports, and documents to them.

2 Special legislation is reserved.

The schedule of fees is governed by special legislation.

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1 The Act on the Introduction of the Swiss Civil Code of November 9, 1978, is amended as follows

Article 10a, introductory sentence

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Article 20a, paragraph 1

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2 The Act on the Introduction of the Swiss Penal Code of November 9, 1978, is amended as follows

Articles 6, 23, 23a, 23b, 23c, 26, 26a, 26b, 27, 27a, 28, 29, and 29a

Repealed.

Article 30

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3 The Decree of December 6, 1978, concerning the Repressive Power of the Municipalities is amended as follows

Article 6, paragraph 2

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Article 6, paragraph 3

Repealed.

Article 13, paragraph 2

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4 The Decree of May 7, 1981, concerning the Daily and Travel Allowances in the Administration of Justice and the Courts is amended as follows

Title of Section 2

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Article 5, paragraph 2

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5 The Law of December 4, 2002, on Cantonal Police is amended as follows

Article 13, paragraph 4

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6 The Act of October 26, 1978, on the Introduction of the Federal Act of December 20, 1946, on Old Age and Survivors' Insurance is amended as follows

Article 16

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1 The Code of Criminal Procedure of the Republic and Canton of Jura dated December 13, 1990, is repealed.

2 The law of June 21, 1995, regarding the accession of the Republic and Canton of Jura to the concordat on mutual legal assistance and inter-cantonal cooperation in criminal matters is repealed.

This law is subject to an optional referendum.

The Government determines the commencement of this law.