Introductory Act to the Swiss Criminal Procedure Code (EGzStPO) - Subject Matter (EGZSTPO)

1. This law contains the cantonal implementing provisions for the Swiss Code of Criminal Procedure and the Juvenile Criminal Procedure Code.

2. It regulates the position, organization, and competencies of the prosecuting authorities, the pardon procedure, as well as the general provisions of cantonal criminal law.

3. The organization of the judicial authorities is governed by the Court Organization Act, insofar as the Code of Criminal Procedure, the Juvenile Criminal Procedure Code, or this law do not contain provisions.

4. The enforcement of sentences and measures, as well as pretrial and preventive detention, are governed by the provisions on penal execution in the Canton of Graubünden.

1. The general provisions of the Swiss Criminal Code shall apply mutatis mutandis to offenses punishable under cantonal law.

2. Unless expressly or implicitly provided otherwise, negligent conduct is also punishable if only intentional conduct is expressly threatened with punishment.

1. The prosecution and adjudication of offenses under cantonal law are governed by the Code of Criminal Procedure or the Juvenile Criminal Procedure Code.

2. Special procedural provisions remain reserved.

1. The Jurisdiction of Municipalities to Enact Penal Provisions is Determined by the Cantonal Municipal Law.

2. The Procedure for the Prosecution and Judgement of Offenses under Municipal Law is Governed by the Administrative Procedure Act, unless they have been Committed by Juveniles under the Youth Criminal Law or Special Procedural Provisions Apply. The Procedure Against Juveniles is Governed by the Juvenile Criminal Procedure Code.

3. Municipalities May Provide for a Summary Fine Procedure. The Corresponding Provisions of This Law Apply Mutatis Mutandis.

1. The procedural languages of the criminal authorities in the Canton of Graubünden are determined by the cantonal Language Act.

1. The public prosecutor's office is independent in the application of the law and is solely bound by the law.

2. Administratively, it is subordinate to the department responsible for justice.

3. The government exercises oversight over the public prosecutor's office. It can issue binding directives regarding the administrative performance of its duties.

1. The Public Prosecutor's Office is under the direction of the Chief Public Prosecutor.

2. The Juvenile Prosecutor's Office forms a division of the Public Prosecutor's Office and is headed by the Chief Juvenile Prosecutor.

3. The Public Prosecutor's Office is headquartered in Chur and operates decentralized branch offices.

4. The government regulates the details of the organization and the locations of the branch offices in a regulation. It may divide the Public Prosecutor's Office into departments, which are generally led by Chief Public Prosecutors.

1. The Public Prosecutor's Office consists of the Chief Prosecutor and their Deputy, as well as the necessary number of

a) Senior Prosecutors and the Senior Juvenile Prosecutor;

b) Prosecutors and Juvenile Prosecutors;

c) Caseworkers and Office Staff.

1bis. The committee responsible for justice in the Grand Council appoints extraordinary prosecutors as needed to conduct criminal proceedings involving members of the government.

2. In other cases, the government appoints extraordinary prosecutors and juvenile prosecutors as needed.

1. Public prosecutors and juvenile prosecutors must possess the necessary personal and professional qualifications, have completed legal training, and generally hold a law license.

2. In justified exceptional cases, the requirement for completed legal training can be waived if there is an equivalent, field-related education.

1. Employment relationships and professional pension provisions for all employees of the Public Prosecutor's Office are governed by cantonal personnel and pension fund laws.

2. Jurisdiction over hiring and dismissal is governed by the Personnel Act.

3. Before assuming office, public prosecutors must take an oath of office or a solemn pledge before the appointing authority to conscientiously fulfill their duties. The wording of the oath and pledge corresponds, as applicable, to that for judges.

1. The Chief Public Prosecutor has the following duties in particular

a) Personnel, operational, and professional leadership;

b) Ensuring appropriate training and further education;

c) Issuance of oral and written directives;

d) Representation of the public prosecution office externally.

2. The government regulates the deputyship and further details in a regulation.

**1. The Chief Public Prosecutor is specifically responsible for:**

a) Issuing decisions of non-prosecution;

b) Allocating cases to divisions or to public prosecutors;

c) Approving decisions of non-prosecution, suspension, and dismissal by Senior Public Prosecutors and the Chief Juvenile Prosecutor;

d) Filing objections against penalty orders issued by other cantonal administrative authorities;

e) Initiating legal remedies and representing the prosecution before appellate bodies;

f) Jurisdictional issues before federal courts;

g) Issuing internal guidelines.

**2. In individual cases, he or she may delegate the initiation of legal remedies and representation before the appellate body to a Senior Public Prosecutor, the Chief Juvenile Prosecutor, a public prosecutor, or a juvenile prosecutor.**

1. Chief Public Prosecutors handle their own cases and are specifically responsible within their department for

a) Issuance of non-prosecution orders;

b) Allocation of cases to prosecutors;

c) Approval of suspension and dismissal orders.

1. The prosecutors are particularly responsible for

a) Conducting criminal investigations;

b) Suspension and discontinuation of proceedings;

c) Ordering coercive measures or applying for pre-trial detention and security custody as well as other coercive measures requiring judicial approval or order;

d) Issuance of penal orders;

e) Supervision of case managers;

f) Filing of charges;

g) Representation of the prosecution in court;

h) Handling of inter-cantonal and international requests for legal assistance;

i) Issuance of subsequent and autonomous decisions.

2. They may also conduct proceedings against juveniles.

1. Case officers may, on behalf of a public prosecutor or a juvenile prosecutor, summon parties involved in the proceedings and conduct interviews.

2. In the criminal investigation of infractions, they may issue summary penalty orders under the supervision of a public prosecutor.

1. The Youth Prosecution Office is responsible for the prosecution of juveniles throughout the entire canton.

2. It is the investigative authority within the meaning of the Youth Criminal Procedure Code, decides in summary penalty order proceedings, brings charges before the Youth Courts, and is responsible for the enforcement of juvenile sentences and measures.

3. The provisions concerning the Chief Public Prosecutors as well as the Public Prosecutors apply mutatis mutandis to the Youth Prosecution Office.

4. The youth prosecutors may also conduct proceedings against adults.

1. The Juvenile Prosecutor's Office obtains the consent of the parties and their legal representatives to initiate a mediation process, when

a) There is a justified prospect of resolving the conflict;

b) The state of the investigation permits it.

2. If the consent of the parties and their legal representatives is obtained, the Juvenile Prosecutor's Office commissions an appropriate organization or individual to conduct the mediation process. Individuals may be involved who, in terms of training, legal knowledge, and impartiality, ensure a fair procedure.

1. The mediator informs the parties about the objectives to be pursued, the framework conditions, the planned procedure, and the scope of the mediation process, as well as their rights, particularly the voluntary nature of participation. Statements and documents produced during the mediation process cannot be used by the parties in another proceeding.

2. The mediator conducts joint discussions with the parties. Exceptionally, individual discussions may be held. The discussions are conducted in private. Upon request, the parties may be allowed to be accompanied by their legal representatives or a person of their trust.

3. The mediation process should generally be completed within three months. If the mediation leads to an agreement, it is recorded in a written agreement. The parties and the mediator sign the agreement. If the mediation does not lead to an agreement, the mediator declares its failure.

4. The mediator informs the juvenile prosecutor's office about the conclusion of the process. The juvenile prosecutor's office can be informed about the status of the mediation at any time upon request. The juvenile prosecutor's office retains procedural control even during the mediation process. It ensures the enforcement of the mediation agreement.

1. The Cantonal Police acts as judicial police in criminal prosecution.

2. The duties of the judicial police are determined by federal law. The Public Prosecutor's Office may commission the Cantonal Police to interview witnesses.

3. For activities related to judicial policing, the authorities of the Cantonal Police are subject to the supervision and directive authority of the Public Prosecutor's Office in professional matters.

4. The organization of the judicial police, as well as the administrative and disciplinary subordination, are governed by police legislation.

1. The prosecution and adjudication of minor offenses are the responsibility of an administrative authority if a law explicitly provides for it.

2. The public prosecutor's office is responsible for subsequent decisions.

1. The Regional Court acts as the court of first instance in criminal matters.

2. It decides with single judge authority

a) * on contraventions;

b) * on crimes or misdemeanors, when the prosecution does not request a custodial sentence exceeding one year, detention according to Article 64 of the Swiss Criminal Code, or a custodial measure and the presiding judge does not intend to impose such a sanction.

c) * ...

3. In other cases, the Regional Court decides in the composition provided for in the Court Organization Act.

1. The Regional Court acts as the Juvenile Court.

1. The single judge of the cantonal coercive measures court acts as the coercive measures court in criminal and juvenile criminal cases.

2. He or she is responsible for the protection of professional confidentiality in the surveillance of postal and telecommunications traffic.

1. The Superior Court serves as the appellate court and as the complaint authority in criminal and juvenile criminal matters.

1. Cantonal criminal authorities shall provide mutual legal assistance to each other.

1. Subject to reciprocity, legal assistance is also provided for offenses under cantonal law.

2. National legal assistance is provided by the criminal authority responsible at the location where the procedural action is to be undertaken.

1. The public prosecutor's office decides on the request of a foreign state for the assumption of prosecution.

2. It transfers the prosecution to a foreign state or submits a corresponding request.

1. The reporting obligation of criminal authorities is governed by the Code of Criminal Procedure.

2. Members and employees of other authorities and courts are entitled to report any criminal conduct that comes to their knowledge during their official duties and is subject to prosecution ex officio. The provisions concerning official secrecy remain reserved.

3. They are obligated to report when a law provides for it.

1. On the Filing of Criminal Charges for Neglect of Maintenance Obligations, Guardians responsible for the care of persons entitled to maintenance, as well as Child and Adult Protection Authorities or Social Welfare Agencies, are also authorized.

1. Authorities and courts are obligated to grant the criminal authorities access to documents and provide them with records, regardless of any confidentiality obligations, to the extent necessary for criminal proceedings.

2. If an administrative authority files a report or submits a criminal application, it must collect and secure the evidence within its jurisdiction where there is imminent danger. The authority may be called upon by the public prosecutor's office to clarify the facts of the case.

3. The office responsible for the enforcement of penalties and measures may represent its applications for subsequent decisions in court itself.

1. Criminal authorities shall inform other authorities about criminal proceedings and final decisions in proceedings, insofar as these authorities rely on the information to fulfill their statutory duties and the public interest in the information outweighs the personal rights of the affected individuals.

1bis. Private individuals may be informed about criminal proceedings and final decisions in proceedings, insofar as they rely on the information to fulfill a public duty assigned to them and the interest in the information outweighs the personal rights of the affected individual.

2. Rights and obligations of notification under specific provisions remain reserved.

1. The prosecuting authorities must notify the competent authorities and transmit relevant documents to them if there is justified reason to consider non-criminal measures in a criminal proceeding.

2. The notification of a pending criminal proceeding is permissible only if

a) the authority requires this information to perform a legal duty, or

b) an immediate danger is presumed.

3. The government shall regulate the details in an ordinance.

1. The members of the Grand Council and the Government, as well as the Supreme Court, are not criminally liable for their statements made in the Grand Council or its committees.

2. The members of the Government, the judicial authorities, and the registrars of the judicial authorities can only be criminally prosecuted for crimes and misdemeanors committed in office with the authorization of the commission of the Grand Council responsible for justice.

1. Legal Representation by a Competent Person Not Registered in the Bar or Enjoying Freedom of Movement under the BGFA is Possible Upon a Well-Founded Petition on a Case-by-Case Basis with Approval from the Proceedings Leader

a) for the defense of the accused person in misdemeanor proceedings;

b) for non-professional representation of the private claimant;

c) for the support of other parties involved in the proceedings.

1. The department responsible for justice may, upon the request of the public prosecutor's office, offer a reward for the successful cooperation of private individuals in the investigation.

1. Determination of incapacity to drive in road traffic is governed by federal law.

2. The police are responsible for conducting preliminary tests and breath alcohol tests as well as ordering blood and urine examinations.

3. If the affected person refuses to conduct the preliminary test, breath alcohol test, blood or urine examination, or medical examination, the public prosecutor's office decides on the compulsory enforcement.

1. Experts considered as official or permanently appointed under the Criminal Procedure Code include, in particular

a) Public health doctors;

b) The forensic service of the Psychiatric Services of Graubünden;

c) The forensic institute designated by the government;

d) The institution for child and adolescent psychiatry or child protection designated by the government.

2. The government may designate additional official or permanently appointed experts and regulate the respective fields of expertise in an ordinance.

3. Insofar as federal law provides for the conduct of a search or examination of persons by a doctor, the criminal authorities may involve all doctors practicing in the canton.

1. The competent authority in the matter orders the official announcement.

2. The publication is determined by the provisions regarding the cantonal gazette.

1. The public prosecutor's office and the other cantonal administrative authorities responsible for the prosecution and adjudication of cantonal infractions may appeal decisions of the regional courts to the higher court.

1. The records of the criminal proceedings shall be kept by the public prosecutor's office, the court records by the court, and the execution files by the competent authority.

2. The authority or court which holds the records shall decide on access to records of concluded proceedings.

3. Access to records shall be granted if a legitimate interest can be demonstrated.

4. Decisions regarding access to records can be appealed in writing to the supervisory authority within 30 days.

5. Decisions regarding access to records in proceedings before the High Court and the Judicial Court are final according to cantonal law.

1. The allocation of procedural costs is governed by the Code of Criminal Procedure and the Youth Criminal Procedure Code.

2. The fees are determined based on the effort involved and the economic circumstances of the party liable for the costs.

3. The fee amounts to a maximum of 20,000 Swiss francs. In proceedings that require particularly high effort, the fee range increases to 100,000 Swiss francs. If a fully reasoned judgment is waived, the fee is appropriately reduced.

4. The amount of the fee is regulated by ordinance as follows

a) the government for proceedings before administrative authorities and the public prosecutor's office;

b) * the supreme court for judicial proceedings.

1. The costs of the recovery of the body and the legal inspection shall be borne by the estate of the deceased person, if the extraordinary death is not attributable to external fault.

2. For reasons of equity, a waiver of the transfer of costs, in whole or in part, may be granted.

1. The prosecuting authorities maintain separate accounts for each case.

2. Otherwise, accounting is governed by the financial budget legislation or by the provisions concerning court organization and the administration of justice.

3. Debt collection is handled by the office designated by the government in the public prosecutor's office and the cantonal administrative authorities. In the courts, it is governed by the provisions concerning court organization.

1. The use of fines and penalties is governed by the provisions on judicial organization and the execution of sentences.

1. The compensation for official defense as well as for legal aid is governed by the Code of Criminal Procedure and the legislation on attorneys.

2. The compensation for witnesses for loss of income amounts to a maximum of 500 francs per day. The reimbursement of expenses is capped at the rates applicable to employees of the canton. The government regulates the details in an ordinance.

1. If a law assigns the prosecution and adjudication of offenses according to cantonal or federal law to a cantonal administrative authority, the jurisdiction lies with the substantively competent office without any special assignment.

1bis. The public prosecutor's office may file an objection against penal orders issued by other cantonal administrative authorities.

2. The procedure is governed by the Code of Criminal Procedure and this law. Special procedural provisions remain reserved.

1. The Cantonal Police are responsible for

a) operating as cantonal officials during house searches under the federal administrative criminal law;

b) taking initial measures in the event of aviation accidents.

2. ...

1. Prosecution and adjudication of infractions under cantonal or federal law fall under the responsibility of the municipalities, provided a law expressly stipulates this.

2. If the municipality is competent for the prosecution and adjudication of cantonal legal infractions, the procedure is governed by the Administrative Procedure Act. Specific procedural provisions remain reserved.

3. In the prosecution and adjudication of infractions under federal law, the municipality is solely responsible for the administrative fines procedure.

1. The government designates the cantonal administrative authorities that are authorized to impose fines according to federal regulations on fines.

2. The cantonal police is responsible for imposing fines under federal regulations on fines, unless another specific legal competence exists.

3. The municipalities are responsible for imposing fines under federal regulations on fines, when a law explicitly provides for this.

1. The ordinary criminal procedure is conducted by the cantonally competent authority.

1. Violations of cantonal law can be penalized through a simplified procedure with fines, provided that the offenses are simple and clearly identifiable, and a law expressly provides for this.

2. The fine must not exceed 500 francs. No additional costs may be imposed.

3. The offender's background and personal circumstances are not considered within the context of the fine procedure.

1. The summary penalty order procedure is excluded

a) in cases of offenses where persons were endangered or injured, or where property damage was caused;

b) in cases of offenses that were not observed or determined by an authorized police body or the competent administrative authority themselves;

c) in cases of offenses committed by juveniles who have not yet completed their 15th year of age;

d) when the offender is additionally accused of an offense that is not listed in the fines list;

e) when the offender rejects the summary penalty order procedure.

2. If a person fulfills multiple summary penalty offense criteria through one or more offenses, the fines are totaled and an overall fine is imposed.

3. If the person rejects one of several alleged offenses, or if the total fine exceeds the amount of 1,000 Swiss Francs, all offenses are assessed in the ordinary procedure.

**1. The government shall regulate the details in an ordinance.** In particular, it shall establish the list of offenses that can be penalized with summary fines, determine the amount of the fines, and designate the police or supervisory bodies or administrative authorities authorized to impose summary fines.

1. The fine can be paid immediately or within 30 days. Upon payment, the fine becomes legally binding, subject to Article 49.

2. If the fine is not paid immediately, persons without residence in Switzerland must deposit the amount or provide another suitable security.

3. If the fine is not paid within the deadline, the ordinary procedure will be initiated.

1. An administrative fine may also be imposed in ordinary criminal proceedings.

2. If a criminal authority, at the request of a person affected by the offense or of the perpetrator, determines that Article 46 of this law has been violated, it shall revoke the administrative fine and apply the ordinary procedure.

1. Pardons may wholly or partially remit enforceable sentences or convert them into more lenient sentences if extraordinary circumstances exist that render the enforcement of the sentence in the specific case as an unfair, unjustified measure.

2. Decisions on pardon requests are made conclusively by

a) the Grand Council for custodial sentences exceeding two years;

b) the Government in all other cases.

1. The pardon application must be submitted in writing and with a justification to the department responsible for justice. It does not have a suspensive effect unless the competent enforcement authority decides otherwise.

2. If the application is not obviously inadmissible or unfounded, the department conducts the necessary investigations. It obtains the opinion of the trial court and the bodies responsible for the execution of the sentence.

3. The decision of the Grand Council or the government is communicated to the applicant, the trial court, and the enforcement authority with a brief written justification.

1. The provisions of the legislation regarding administrative justice apply mutatis mutandis to the bearing and assessment of costs.

1. Upon the commencement of this law, the following decrees are repealed

a) Law on Criminal Procedure of June 8, 1958;

b) Accession of June 9, 1996, to the Concordat on Legal Assistance and Inter-cantonal Cooperation in Criminal Matters of November 5, 1992.

2. If existing decrees refer to provisions that are repealed by this law, the corresponding provisions of the Swiss Code of Criminal Procedure or the Juvenile Criminal Procedure Code, as well as this law, shall apply.

1. The amendment of laws is regulated in the annex.

2. Insofar as cantonal regulations that do not comply with the provisions of Article 32 paragraph 1 of the Cantonal Constitution contradict the provisions of the Swiss Code of Criminal Procedure or their implementation in this law, the Grand Council can adapt them to these enactments by regulation.

1. Offenses committed before the entry into force of this law, which have not yet been adjudicated by a court, against penal provisions of the Law on Criminal Procedure of June 8, 1958, will be adjudicated according to the provisions of the annex to this law.

2. Proceedings that are pending at the time of the entry into force of the amendment to this law will be continued by the authorities competent under the new law.

1. This Act is subject to the optional referendum.

2. The government determines the date of its entry into force.