Kanton Glarus (EGSTPO)

Subject

1 This Act contains implementing provisions for the Swiss Code of Criminal

Procedure (StPO) and for the Swiss Juvenile Criminal Procedure Code (JStPO).

2 The organization and competencies of the judicial authorities are governed by

the Act on the Organization of Courts of the Canton of Glarus (Judicial Organization

Act)1).

3 Special provisions of other cantonal laws remain reserved.

Infringements of Cantonal Criminal Law

1. The procedure for the prosecution and judgment of cantonal criminal offenses is governed by the Code of Criminal Procedure (StPO) and the Juvenile Criminal Procedure Code (JStPO).

2. Special provisions of other cantonal laws remain reserved.

Prosecution Authorities (Art. 12, 15 et seq. CPC, Art. 6 JCPC)

1 The prosecution authorities of the Canton are

a. the Cantonal Police and persons to whom legal provisions assign police tasks;

b. the Public Prosecutor's Office and the Juvenile Prosecutor's Office.

Official Defence (Art. 132 CrPC)

1 The duties of official defence are performed by persons registered in the Lawyers' Register. *

2 The Administration Commission of the Courts proposes to the Landrat the necessary number of persons for election to a term of office. *

3 Article 12 letter g of the Lawyers Act2) remains reserved. *

1) GS III A/2

2) SR 935.61

SBE XI/6 387 1

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2. Cantonal Police

Duties

1 Police duties within the framework of criminal justice are primarily carried out by the Cantonal Police.

2 Persons who, according to legal provisions, are also entrusted with police duties in criminal justice, cooperate with the Cantonal Police as well as the Public Prosecutor's Office and the Juvenile Prosecutor's Office, and support them in the fulfillment of their duties.

3 The legal position of the Cantonal Police and other police authorities, in terms of personnel and organization, is governed by the general provisions of personnel and organizational law and the Police Act³), while criminal prosecution activities are governed by the Code of Criminal Procedure.

Witness Hearings, Provisional Arrest, Coercive Measures

(Art. 142 para. 2, 219 para. 5, 198 para. 2 CPC)

1. Members of the cantonal police may be entrusted with conducting witness

hearings in individual cases.

2. The competent department shall designate the police officials who may order

the arrest of a person for longer than three hours in the event of a contravention.

It may reserve the power to order or carry out coercive measures for police

officials with a certain rank or function.

3. Public Prosecutor's Office and Juvenile Prosecution Office

Organisation and Responsibilities

1 The Public Prosecutor's Office and Juvenile Prosecutor's Office consist of the First Public Prosecutor

as well as the other public prosecutors and juvenile prosecutors.

2 It is responsible for criminal prosecution and is competent at first instance

for administrative measures in road traffic; the Government Council

may form departments for the handling of cases.

3 Jurisdiction for the same proceedings remains in place if it emerges that another of the formed departments would be competent.

4 The Government Council may assign further tasks to the Public Prosecutor's Office and Juvenile Prosecutor's Office that are related to its activities or its special expertise.

Position

¹ The personnel and organizational legal position of the public prosecutors and juvenile prosecutors, as well as the other employees of the Public Prosecution Office and Juvenile Prosecution Office, is governed by the general personnel and organizational legal provisions, unless this law deviates therefrom.

Election

1 The election of public prosecutors and juvenile prosecutors as well as the designation of the First Public Prosecutor is carried out by the Landrat (District Council); the election procedure is governed by Articles 113 et seq. of the Landrat Ordinance.

2 The proposed candidates can be elected for both functions and appointed as both public prosecutors and juvenile prosecutors.

3 The Government Council designates the heads of departments from among the elected public prosecutors and juvenile prosecutors.

4 Furthermore, the Government Council is responsible for appointing extraordinary public prosecutors and juvenile prosecutors in cases of recusal or unavailability, or in situations of particular workload.

First Public Prosecutor

1 The First Public Prosecutor: *

a. manages the Public and Juvenile Prosecutor's Office and represents it externally;

b. ensures professional, uniform, and consistent criminal prosecution;

c. issues general directives for the Public and Juvenile Prosecutor's Office;

d. may, if justified, determine jurisdiction for proceedings deviating from statutory regulations;

e. represents the Public and Juvenile Prosecutor's Office in federal proceedings, whereby representation may be delegated;

f. assigns cases and supervises their processing, with specific instructions that may be given for individual proceedings, particularly regarding initiation, conclusion, and the filing of legal remedies;

g. may at any time take over or reallocate cases;

h. * regulates the public information regarding pending proceedings;

i. * may designate permanently appointed or official experts for specific areas in criminal investigation proceedings.

4) GS II A/2/3

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1ª Within the Public and Juvenile Prosecutor's Office, the First Public Prosecutor designates a person responsible for data protection advice with the following tasks: *

a. this person advises and supports the criminal prosecution authorities, with the exception of the Cantonal Police, in the processing of personal data;

b. this person carries out data protection impact assessments in accordance with cantonal data protection law;

c. this person is the contact person for the Data Protection Officer and cooperates with them.

2 Furthermore, the First Public Prosecutor performs those tasks that are not assigned to another body. He also handles his own cases.

Public Prosecutors

1 The elected or by the Cantonal Council appointed extraordinary public prosecutors and juvenile prosecutors lead the cases assigned to them themselves until they are legally concluded and are authorized to undertake all necessary actions in this context.

2 If the leadership of a department is additionally entrusted to them, they have, in addition to managing their own cases, the powers according to Article 11 paragraph 1 letters f and g.

Delegation of Investigative Powers (Art. 311 para. 1 CPC)

1 The prosecution and assessment of contraventions can be fully delegated

to other employees of the public prosecutor's office and the juvenile prosecutor's

office.

2 In the case of misdemeanours and felonies, the conduct of the investigation

can be delegated, but not its opening and closing.

Aufsicht (Art. 14 Abs. 5 StPO)

1 The Public Prosecutor's Office and the Juvenile Prosecutor's Office are subject to the supervision of the Cantonal Government (Regierungsrat). This supervision is exercised by the competent department.

2 The Chief Public Prosecutor shall submit to the competent department, for the attention of the Cantonal Government, annual reports on the business activities and practices of the Public Prosecutor's Office and the Juvenile Prosecutor's Office.

3 The competent department may request information or additional reports from the Public Prosecutor's Office and the Juvenile Prosecutor's Office regarding their business activities and practices, and may conduct inspections.

4 The Cantonal Government may issue general directives to the Public Prosecutor's Office and the Juvenile Prosecutor's Office concerning the performance of their duties.

4. Supplementary Procedural Provisions

4.1. General

Language of proceedings (Art. 67 para. 1 CPC)

1 The language of proceedings is German.

National Legal Assistance (Art. 44 CPC)

1 The criminal authorities may grant legal assistance to other cantons in criminal matters under cantonal law.

International Legal Assistance (Art. 54 CPC)

1 The procedure for international legal assistance is governed by the Swiss Code of Criminal Procedure, with the necessary modifications, subject to differing provisions of federal law.

Right and Duty to Report (Art. 302 para. 2 CPC)

¹ Members of authorities as well as heads of main departments and departments of the Canton or municipalities are entitled to report misdemeanours that they or persons subordinate to them perceive in the course of their official activities. In the case of crimes and felonies, there is a corresponding duty to report. *

² Obligations and rights to report according to other enactments of the Confederation, the Canton, and the municipality remain reserved. Paragraph 1 applies mutatis mutandis to the public law institutions of the Canton and the municipalities. *

Rights and Duties to Inform, and Cooperation

(Art. 75 para. 4 CPC, Art. 31 JCPC)

1 The criminal authorities may inform other authorities of the canton and its

municipalities, as well as those of other cantons or the Confederation, about their criminal proceedings,

insofar as these authorities are dependent on the information for the performance of their legal duties

and the public interest in the information outweighs the personality rights.

2 The criminal authorities shall inform the competent department and the competent

municipal authorities about criminal proceedings against teachers, vocational trainers,

and leading personnel of Youth and Sport, if the facts to be investigated are of supervisory

relevance with regard to their teaching or training activities.

3 Rights and duties to inform arising from cantonal and federal laws remain reserved.

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Service by Publication (Art. 88 para. 1 CPC)

1 Service by publication takes place in the Official Gazette.

Rewards (Art. 211 para. 2 CPC)

1 Rewards may be offered by

a.

in preliminary proceedings: the public prosecutor's office or the juve-

nile prosecutor's office;

b.

in main proceedings: the court's presiding judge.

* **Compensation**

1. The compensation in criminal proceedings is determined by the necessary time spent, the value of the dispute or interest, and the difficulty of the case.

2. The High Court issues a tariff for the costs of professional representation by lawyers in criminal proceedings. This requires approval by the Cantonal Council.

Enforcement of Financial Penalties (Art. 442 CCP)

1 The Government Council designates the competent authorities for the collection of costs to be imposed in connection with the activities of the criminal prosecution authorities.

Repayment (Art. 135 para. 4 CCP)

1. The Cantonal Court, sitting as a single judge, decides on the repayment of court costs within the meaning of Article 135 paragraph 4 CCP, as well as on reimbursements within the meaning of Article 138 CCP and Article 25 paragraph 2 JCCP.

Use of Fines

1. The imposed fines, penalties, and forfeitures accrue to the Canton (Art. 374 SCC).

2. Ordinance fines imposed by a municipality accrue to the respective municipality.

Measures for the Protection of Persons Outside of Proceedings (Art. 156 StPO)

1 The cantonal police are responsible for protective measures outside of proceedings.

2 They inform other authorities if protective measures need to be taken.

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Extraordinary Deaths (Art. 253 CPC)

1 In cases of extraordinary deaths, the police authorities must immediately inform the public prosecutor's office.

2 The competent department, acting on behalf of the public prosecutor's office, shall provide appropriate specialized medical services for the purpose of conducting the legal inspection.

Parliamentary Immunity (Art. 7 para. 2 lit. a CrPC)

1 Members of the Government Council, the Landrat and the courts may only be prosecuted for their statements in the Landrat or its committees if the Landrat lifts immunity with a two-thirds majority of the members present.

Authorization (Art. 7 para. 2 lit. b SCCP)

1 Criminal prosecution against members of the Government Council, of the commissions elected by the Cantonal Council, of the courts and of the conciliation authority, as well as against public prosecutors and juvenile prosecutors for crimes or misdemeanors committed in office, can only be initiated if the Cantonal Council grants authorization by secret ballot with an absolute majority of the members present. *

* File Retention (Art. 103 CrimPC)

1 Files relating to felonies or misdemeanours must be retained for 50 years; in other criminal matters and in juvenile criminal matters, for 30 years. Federal minimum retention periods remain reserved.

* **Inspection of Files in Concluded Proceedings**

1 Files of concluded criminal proceedings may be inspected, insofar as no overriding public or private interests prevent such inspection

a. by parties and other participants in the proceedings, if they credibly demonstrate an interest;

b. by other authorities, if they require them for the processing of pending civil, criminal, or administrative proceedings;

c. by third parties, if they assert a scientific or other legitimate interest worthy of protection.

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Bail and Fixed Penalties

1. The Cantonal Government may authorise the police or control authorities to collect an appropriate bail from a defaulting person in relation to cantonal minor offences, or, for certain offences, with the consent of the defaulting person, to impose a fixed penalty on the spot.

2. The maximum limit for fixed penalties is 1000 Swiss francs.

3. The Cantonal Government shall issue an ordinance concerning cantonal minor offences punishable by fixed penalties, determining the fine amount and regulating the procedure.

4. The Cantonal Government exercises the powers assigned to the cantons by federal legislation for offences punishable by fixed penalties. For the collection of fines in the area of stationary traffic, jurisdiction shall be governed by Article 4 of the Introductory Act to the Road Traffic Act (EG SVG).

* Register of Data Processing Activities

1 The Public Prosecutor's Office and Juvenile Prosecution Office maintain a register of data processing activities within their area of responsibility.

4.2. Special Procedure for Juveniles

Involvement of Professionals

1 For observation, assessment, support, and enforcement mandates, social workers and other suitable professionals may be enlisted for support.

Road Traffic Regulations

1 If young people under the age of 15 commit infringements of road

traffic regulations that could be sanctioned for young people over 15

in the summary penalty procedure, the police may

a. refrain from reporting the matter to the youth prosecution service and

draw the young person’s attention to the traffic infringement,

or

b. refrain from reporting the matter to the youth prosecution service, provided

that the young person voluntarily attends traffic instruction on a specific

day.

2 If the young person does not follow the invitation to traffic instruction, the

police shall inform the youth prosecution service of the infringement.

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Offences Before the Age of Ten (Hazard Report)

1 If authorities, particularly the police, determine in the course of proceedings that an act has been committed by a child under the age of ten, they shall notify the child's legal representatives. If there are indications that the child requires special assistance, the Child and Adult Protection Authority (KESB) or the administrative authority responsible for youth welfare must also be notified. *

Mediation Procedure

1 The investigating authorities or courts designate the body entrusted with the mediation.

2 They issue the written order for the conduct of the mediation after prior consultation with the parties involved. The period for conducting the mediation is generally six months and can be extended upon a reasoned request from the entrusted body.

3 If the juvenile person fails to participate in the mediation without excuse, refuses to cooperate in another manner despite a warning, or commits further offenses during the mediation period, the mediation attempt will be terminated and the proceedings will be resumed upon notification from the entrusted body.

4 The entrusted body informs the investigating authorities or courts in writing of the outcome of a successful mediation.

5 The mediation is considered successful as soon as the concluded agreement has been fulfilled in full.

Communication to Legal Representation and Authorities (Art. 28 JStPO)

1 Before initiating criminal proceedings and especially before important measures, namely arrest, ordering a provisional protective measure, or an assessment, the persons with parental care must be informed without delay. Notification may occur later or be omitted if this appears necessary to achieve the purpose of the proceedings.

2 The Child and Adult Protection Authority (KESB) and other authorities can be informed, upon request or ex officio, about the outcome of the investigation if public interest or the interests of the young persons so require.

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5. Final and Transitional Provisions

Entry into Force

1 This Introductory Act comes into force on 1 January 2011.

1. Die Übergangsbestimmungen der Artikel 448-456 StPO sind sinngemäss auf das kantonale Recht anwendbar.

1. Die Strafprozessordnung vom 2. Mai 1965 des Kantons Glarus wird mit dem Inkrafttreten dieses Gesetzes aufgehoben.