Kanton Glarus

Person and Function Designations

1 The person and function designations used in this Ordinance refer to both genders.

Organisation

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1 *

2 The Public Prosecutor's Office and Juvenile Prosecutor's Office is divided into: *

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a.

a1. *

b. *

*

c.

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Department of the Public Prosecutor's Office and Juvenile Prosecutor's Office;

Chancery;

Specialist Unit for Administrative Measures.

4 Upon election to the position of Public Prosecutor and Juvenile Prosecutor,

documents in juvenile criminal matters must be signed as Juvenile Prosecutor.

First Public Prosecutor

1 The management of the Public and Juvenile Prosecution Office is incumbent upon the First Public Prosecutor. He plans, leads, and controls criminal prosecution in the canton and ensures effective and efficient office management, which notably includes the following duties and powers

a. Supervision of the Public and Juvenile Prosecution Department, the Registry, and the Administrative Measures Unit;

b. Issuance of organizational, professional, and case-specific directives (especially concerning the initiation, conclusion, and appeal of legal remedies), including the regulation of reporting lines within the Public and Juvenile Prosecution Office;

c. *

d. *

e. Conducting performance appraisals for the Head of Registry, the Head of the Administrative Measures Unit, and other directly subordinate staff;

f. * Decision on recusal requests in accordance with Article 59 CPC;

g. Managing own cases and the possibility at any time to take over and reassign proceedings;

h. *

i. Representing the Public and Juvenile Prosecution Office externally and regulating internal and public communication, subject to other legal provisions;

k. Regulating deputization within the Public and Juvenile Prosecution Office.

2 *

3 The deputy of the First Public Prosecutor carries out his duties when: *

a. a duty has been assigned to them in a specific case or generally;

b. a duty must be performed due to the absence or impediment of the First Public Prosecutor.

Further Public Prosecutors and Juvenile Prosecutors

1 The public prosecutors and juvenile prosecutors shall personally handle the cases assigned to them until their legally binding conclusion and shall undertake all necessary actions in this context, particularly the filing of charges in court. Subsequently, they shall carry out further duties assigned to them by the Chief Public Prosecutor and shall report periodically.

2 If a public prosecutor or juvenile prosecutor is assigned the management of the Public and Juvenile Prosecution Division, subject to the powers of the Chief Public Prosecutor according to Article 3, they shall have the following additional duties and powers with regard to this division, besides managing their own cases: *

a. exercising supervision;

b. the possibility, after consultation with the Chief Public Prosecutor, to take over and reassign cases;

c. issuing professional and case-related directives (in particular concerning initiation, conclusion, and recourse to legal remedies);

d. assigning cases;

e. conducting employee performance appraisals for directly subordinate public prosecutors and juvenile prosecutors as well as directly subordinate staff.

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3 Public prosecutors or juvenile prosecutors who are assigned the deputyship of the Chief Public Prosecutor or the management of the Public and Juvenile Prosecution Division shall sign as Senior Public Prosecutor or Senior Juvenile Prosecutor, respectively. *

Case Management Personnel

1 Personnel with case management functions process cases independently according to instructions from the public prosecutor or juvenile prosecutor responsible for the procedure, and handle other administrative matters.

2 The Chief Public Prosecutor may delegate to them the authority to carry out investigative acts, provided that in the case of misdemeanors and felonies, the initiation and conclusion are not delegable, with the exception of initiation in urgent cases during on-call duty.

Chancellery *

1 The Chancellery performs, in particular, the following tasks: *

a. recording incoming cases;

b. drafting decisions;

c. handling correspondence and minute-taking;

d. archiving criminal case files;

e. processing requests for file inspection after the conclusion of the

proceedings;

f. processing data in the electronically managed criminal record

information system VOSTRA and fulfilling the tasks assigned by federal law

to the Criminal Records Coordination Office (KOST);

g. maintaining the register of data processing activities within the

entire jurisdiction of the Public Prosecutor's Office and Juvenile Prosecutor's Office;

h. performing further administrative tasks upon instruction from the

Chief Public Prosecutor and the Head of Chancellery.

2-3 *

Specialized Office for Administrative Measures

1 The Specialized Office for Administrative Measures constitutes the first-instance administrative authority responsible for administrative measures in road traffic.

Interns

1 Persons with a legal education, as well as police cadets and police officers, may be admitted for an internship at the Public Prosecutor's Office and Juvenile Prosecutor's Office.

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2 They perform the tasks assigned to them under the supervision of the public prosecutors and juvenile prosecutors responsible for the case, which may also include interrogations of accused persons.

On-call Duty

1 To the extent necessary, public prosecutors and juvenile prosecutors, as well as the case handling personnel entrusted with investigation activities, must perform on-call duty.

2 The Chief Public Prosecutor regulates the details of the on-call assignments. He ensures an equitable distribution.

Other Employments

1 Public prosecutors and juvenile prosecutors are prohibited from conducting criminal proceedings and civil proceedings related to criminal proceedings before Glarus courts, outside of their employment.

2 Furthermore, the general personnel law provisions for cantonal employees apply to secondary employments and the exercise of public offices. *

3 *

Debt Collection and Accounting

¹ The Court Treasury manages the accounting for expenses in criminal cases and enforces financial obligations arising from decisions of the criminal prosecution authorities (fines, penalties, court costs, etc.).

² The Court Treasury is also responsible for debt collection and accounting in the area of administrative measures in road traffic.

Entry into Force and Repeal of Previous Law

1. This Ordinance comes into force on 1 January 2011.

2. The Rules of Procedure of 25 March 1991 for the Interrogation Office of the Canton of Glarus are hereby repealed as of the same date.

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