Article: Organization

1. The Full Court

a) issues the regulations assigned to it by law and submits them to the Court of Appeal for approval;

b) conducts the elections entrusted to it by law.

1. The Presidium Conference

a) issues the regulations assigned to it by law;

b) conducts the elections delegated to it by law;

c) ensures the smooth operation of the court's business;

d) ensures the consistency of the court's practice;

e) elects the Chief Court Clerk/Chief Administrative Officer or the Head Court Clerk/Head Administrative Officer, the Senior Court Clerk, and the Court Clerks;

f) supervises the activity of the Chief Court Clerk/Chief Administrative Officer;

g) convenes the full court;

h) may delegate the preparation of individual matters to a committee of the Presidium Conference;

i) is responsible for the further training of employees within the operational possibilities.

2. Each member of the presidium has one vote, regardless of their level of employment. In the event of a tie, the Chairwoman or Chairman of the Presidium has the casting vote.

1. The Presiding President

a) chairs meetings of the full court and the conference of presidents;

b) represents the court externally;

c) represents the court in the judicial council and is responsible for cooperation with the other courts of the canton;

d) may delegate specific tasks to the Chief Court Clerk/Administrative Head.

1. The Deputy of the Chairwoman President or Chairman President shall represent her or him in all her or his functions in case of absence or to relieve her or him.

1. The First Court Clerk/Chief Administrative Officer

a) leads the court administration;

b) is the appointing authority for the court staff and temporary personnel, excluding the Head Court Clerk, the court clerks, and assistant court officials;

c) is the direct superior of the Head Court Clerk, the heads of the offices, and the Chief Bailiff;

d) handles the personnel matters of all staff members;

e) prepares the business of the Presidium Conference and records the minutes of the meetings;

f) supports the presiding President;

g) drafts the budget, is responsible for coordinating financial affairs with other courts, and reports to the Presidium Conference;

h) informs the Presidium Conference regarding the appointment of office heads and the bailiff service and consults with the Presidium Conference in advance.

2. She or he has an advisory vote at the Presidium Conference and in plenary court sessions.

3. Her or his specific tasks are contained in a job description.

1. The Chief Court Clerk

a) acts on behalf of the First Court Clerk/Administrative Director in all their respective functions during their absence or to alleviate their workload;

b) records the minutes at court sessions and has an advisory vote during deliberations;

c) prepares decisions, justifies the judgments made during court sessions, and drafts statements to be submitted to the Court of Appeal as an appellate or complaint court;

d) may be involved in the instruction of proceedings;

e) provides legal advice.

2. Their specific duties are detailed in a job description.

1. Court Clerks

a) maintain the minutes of court sessions; they have an advisory voice during deliberations;

b) prepare decisions, provide grounds for the judgments passed in court sessions, and draft opinions for the Appellate Court in its capacity as an appellate or review court;

c) may be involved in the instruction of proceedings;

d) provide legal information;

e) perform other tasks assigned to them.

2. Their specific responsibilities are outlined in a job description.

1. The Criminal Court comprises the following court offices

a) * Office of the Criminal and Coercive Measures Court

b) * Office of Objections

c) * ...

2. The offices accept submissions from the parties either in writing or orally at the counter, prepare the hearings, handle administrative matters in individual proceedings, and implement the instructional orders. Each office consists of a head of office and one or more office staff members.

3. Their specific tasks are outlined in a job description.

1. The Court Usher Service consists of a Chief Usher and several Court Ushers. The Court Usher Service is responsible for order, security, and court hall duties within the courthouse. It has the authority to issue directives to parties and the public within the scope of its duties and is responsible for internal and external postal services.

2. The specific tasks are detailed in a job description.

1. For operational support, a court secretariat and building maintenance are provided.

2. Their specific tasks are included in a job description.

1. The business of the Criminal Court is divided into nine divisions

a) Criminal Court Divisions A - E

b) Compulsory Measures Court Divisions F and G

c) Objections Divisions H and J

2. The divisions are managed by the presidencies on an annual rotating basis. The Presidencies Conference may decide on deviations from the annual rotation.

3. The allocation of cases in the Criminal Court Divisions A - E is carried out by the presidency of Criminal Court Division A. The allocation of cases in the Objections Divisions H and J is carried out by the presidency of Objections Division H. The allocation of cases in the Compulsory Measures Court Divisions F and G is carried out by the presidency of Compulsory Measures Court Division F.

4. Cases from Criminal Court Divisions A - E and Objections Divisions H and I can be assigned to the Compulsory Measures Court Divisions. Cases from Divisions A - E can be assigned to Objections Divisions H and I.

1. The panels are constituted by order of the Presidium of Division A.

2. Insofar as the panels must be constituted for proceedings of the Presidium of Division A, the issuance of the order is carried out by the deputy.

3. The order is served on the parties.

4. In the constitution of the panels, aside from the mandatory statutory provisions, the following criteria and circumstances are particularly considered

a) Availability of the judges;

b) Equitable distribution of workload among the judges;

c) Inclusion of members of both genders in cases where the nature of the dispute appears to make it appropriate;

d) Specific expertise in a particular field.

1. Personnel law, including personnel benefits of the canton, is applicable to the employees of the court, insofar as the Court Organization Law (GOG) does not determine otherwise.

2. The Presidium Conference is responsible for personnel matters. It serves as the employment authority for the first court clerk/administrator or first court clerk/administrative chief, the senior court clerk, and the court clerks. For other personnel, the first court clerk/administrator or first court clerk/administrative chief acts as the employment authority. The appeal procedure is governed by §§ 40 ff. of the Personnel Act dated November 17, 1999.

3. The classification of court personnel positions is decided by the Court Council, in accordance with the Law concerning the Classification and Remuneration of Employees of the Canton of Basel-Stadt (Salary Law) dated January 18, 1995.

1. Each position is accompanied by a job description, which includes the organizational assignment, the mandate, as well as the tasks and responsibilities. It also specifies the requirements related to education and training as well as specific expertise and experience.

2. The job descriptions are provided to the respective employees.

1. The staff of the Criminal Court are subject to the flexible working hours as per the Regulation on Flexible Working Hours for Employees of the Courts of the Canton of Basel-Stadt (Flexible Working Hours Regulation) dated May 16, 2014.

2. The Conference of Presidents has the authority to exclude certain categories of staff from the flexible working hours model or to adopt an annual working hours model for them. The exceptions must be reported to the Appellate Court.