Introductory Act to the Swiss Juvenile Criminal Procedure Code (EG JStPO) - Subject Matter

1. This law specifically governs the election, composition, organization, supervision, and powers of the juvenile criminal authorities. Provisions of other cantonal enactments are reserved.

2. The provisions of the Introductory Act to the Swiss Code of Criminal Procedure (EG StPO) of March 16, 2010, shall apply mutatis mutandis if this law does not contain any divergent provisions.

3. The provisions of the Swiss Juvenile Criminal Procedure Code (JStPO) of March 20, 2009, and this law also apply to the prosecution and adjudication of cantonal criminal offenses. The special provisions in the cantonal ordinance fine procedures and tax penal procedures remain reserved.

1. The criminal procedural tasks of the police are performed by the Cantonal Police.

2. According to the provisions of the police legislation, it may involve the municipal police corps to fulfill its tasks.

1. The Juvenile Prosecutor's Office acts as the investigative authority.

1. The Office of the Youth Prosecutor is headed by a Chief Youth Prosecutor.

2. The Grand Council elects the leadership upon the proposal of the Executive Council.

3. Eligible for election is anyone who is entitled to vote, has completed a law degree with a licentiate or master's degree, and has worked for at least five years in prosecution, administration, judiciary, or legal practice.

4. The leadership supervises the Office of the Youth Prosecutor and ensures uniform application of the law and proper fulfillment of the duties of the Office of the Youth Prosecutor.

5. In addition to the regular duties of a Youth Prosecutor, the leadership is responsible for handling non-case-related matters, business allocation, and business control.

6. In consultation with the leadership of the Public Prosecutor's Office, the leadership issues general directives for cooperation with the police.

7. It acts as the reporting authority in accordance with Article 13 Paragraph 3 of the inter-cantonal agreement on the computer-assisted collaboration of the cantons in the investigation of violent crimes (ViCLAS Concordat) dated April 2, 2009. Reports are made to the person responsible for coordination at the Cantonal Police.

1. The Executive Council appoints the juvenile attorneys.

2. A person can be appointed if they have completed a law degree with a licentiate or a master's degree and have the right to vote.

3. The juvenile attorneys conduct individual criminal proceedings within the framework of the general directives of the management.

1. The management of the Youth Attorney's Office employs staff with either training or sufficient experience in the field of pedagogy or youth social work.

2. The Coercive Measures Court is responsible for the extension of the deletion period according to Article 13, paragraph 1, letter b of the ViCLAS Concordat.

1. The Juvenile Court acts as the court of first instance.

2. ...

3. ...

1. The Superior Court is the complaint instance and appellate court in juvenile criminal matters.

2. ...

1. The government council supervises the juvenile prosecution authorities.

1. The Oversight of the Juvenile Prosecution Office by the Government Council includes, in particular, the following tasks

a) Issuance of administrative directives regarding the management of the Juvenile Prosecution Office,

b) Guidelines concerning the focal points of the activities of the Juvenile Prosecution Office,

c) Monitoring of the business processes,

d) Receipt of the annual report,

e) Addressing supervisory complaints regarding management conduct,

f) Implementation of disciplinary proceedings against juvenile prosecutors.

2. For addressing supervisory complaints and conducting disciplinary proceedings, the Government Council may review the procedural records.

3. It may appoint a person experienced in the administration of criminal justice to instruct in the supervisory complaint procedure or disciplinary proceeding. This person reports to the Government Council and makes a recommendation.

4. Orders or directives concerning the conduct of individual criminal proceedings are not permitted.

1. Summonses and orders are delivered to the competent juvenile and the legal representative.

1. The legal guardians must be promptly informed about the initiation of criminal proceedings and significant measures.

2. The juveniles may request at any time that the legal guardians be immediately informed about their whereabouts and, to the extent that investigations allow, the allegations made against them.

1. ...

2. If civil protection measures appear necessary, the investigative authorities and judicial authorities shall request the competent authorities to order, amend, or revoke existing protection measures. For important reasons, civil authorities may also be tasked with ordering criminal protection measures.

3. Civil authorities are granted access to the files, insofar as it is necessary for the fulfillment of their duties.

1. If a juvenile criminal procedure for a crime or offense is initiated against a student, the Juvenile Prosecutor's Office shall inform the responsible school administration when there is sufficient suspicion of the offense. The school administration is to be informed of the opening of proceedings, outpatient or inpatient assessments, the order of provisional protective measures, and all decisions concluding the proceedings.

2. The school administration shall determine, based on the circumstances of the individual case, the extent to which the data disclosed to it should be shared with teachers.

3. The government council shall regulate the details regarding the storage and destruction of the data by ordinance.

1. Additional authorities may be informed of the results of the investigation upon request or ex officio when it is required by the public interest or the interests of the juveniles.

1. The competent authority appoints the organization or person entrusted with the mediation after prior consultation with the parties involved.

2. It assigns the task of conducting the mediation in writing and sets a deadline for the submission of the mediation result. This period is generally six months and may be extended to a maximum of two years upon justified request by the appointed organization or person.

3. The organization or person entrusted with the mediation regularly provides written reports on their efforts. They submit the result of the mediation to the appointing authority in a protocol along with a copy of any agreement reached.

4. If the juvenile fails to participate in the discussions without excuse, refuses to cooperate despite reminders, or commits further offenses during the mediation period, the mediation will be terminated and the criminal proceedings will continue. The organization or person assigned to the mediation promptly informs the appointing authority about the refusal to cooperate.

5. The mediation is considered successful once the agreement reached has been fully implemented.

6. None of the parties involved may invoke statements made before the mediator in subsequent criminal or civil proceedings, regardless of the outcome of the mediation.

1. Culpable breaches of duty by juveniles who have been placed in facilities or institutions for the enforcement of detention, pre-trial detention, security detention, or deprivation of liberty, may be punished by up to seven days of arrest or other disciplinary sanctions or measures specified by regulation.

1bis. As a precautionary measure, particularly in cases of risk of collusion, confinement in an isolation room for a maximum of 24 hours may be ordered prior to the issuance of the disciplinary decision.

2. Arrest and precautionary measures may only be ordered by the management of the facility or institution or their deputies. The ordering of other disciplinary sanctions or measures may be delegated to other employees of the facility or institution.

1. § 55d EG StPO Also Applies to the Juvenile Prosecution Office.

1. This law shall be published in the legislative collection after the unused expiration of the referendum period or upon acceptance by the populace. The governing council shall determine the date of its entry into force.