Introductory Act to the Swiss Juvenile Criminal Procedure Code (EG JStPO) - Scope of the JStPO (EGJSTPO)
Table of Provisions (11)
Statutory Text (11 Provisions)
1. The provisions of the Juvenile Criminal Procedure Code also apply to cantonal criminal law in relation to juveniles, provided that the cantonal law does not contain provisions to the contrary.
1. If this law does not contain any specific provisions, the provisions of the Introductory Act to the Swiss Code of Criminal Procedure of April 26, 2009 (EG StPO) shall apply.
2. Subsidiarily, the cantonal Court Organization Act applies for the organization and general procedural law of the courts.
1. The Cantonal Police fulfills the tasks of the police (Art. 6 para. 1 lit. a JStPO).
1. The youth attorney conducts the investigation; if necessary, he files and represents charges in court (Art. 6 para. 2 lit. b of the Juvenile Criminal Procedure Code).
2. He is also responsible for inter-cantonal legal assistance in juvenile criminal matters.
3. If there are grounds for detention, the youth attorney must immediately notify the legal representatives or guardians.
1. The State Commission elects the Youth Attorney and their deputies in the required number.
2. At the request of the Youth Attorney, it appoints a public defender (Art. 25 para. 1 JStPO).
3. It supervises the law enforcement authorities. This supervision includes
a) organizational, administrative, and personnel matters;
b) case management, excluding the application of law in individual cases;
c) the assessment of supervisory complaints, insofar as the federal criminal procedure regulations do not prescribe other jurisdiction.
4. To perform its duties, it has the right to inspect and obtain information, and it can issue directives. It may only inspect procedural files if this is necessary to assess a supervisory complaint or if the proceedings have been concluded with legal effect.
1. The specialized commission responsible for law enforcement authorities in the adult criminal sector also performs the same duties with the same rights and obligations towards the criminal authorities in the juvenile justice sector.
2. The commission submits an annual report to the Executive Commission and may submit proposals. The Executive Commission remains responsible for supervisory measures.
3. If the specialized commission has carried out an investigation mandate that the Executive Commission was obligated to by the Grand Council, the Executive Commission reports the findings to the Grand Council in an appropriate form, for example, by means of an anonymized version of the specialized commission's report.
1. A single judge of the district court exercises the function of the compulsory measures court (Art. 7 para. 1 lit. a JStPO).
2. The president of the district court may appoint a deputy if necessary.
1. The District Court acts as the court of first instance in criminal matters (Art. 34 JStPO).
1. The Cantonal Judicial Commission for Decisions in Criminal Matters serves as an Instance of Appeal and a Court of Appeal (Art. 7 para. 1 lit. c and d JStPO).
1. The law shall enter into force upon approval by the Landsgemeinde at the same time as the Juvenile Criminal Procedure Code.
1. Upon the enactment of this law, all decrees contradicting it are repealed, particularly the Law on Juvenile Criminal Procedure of April 24, 2005 (JStPO).