Ordinance on the Introductory Act to the Swiss Criminal Procedure Code (RVzEGzStPO) - Structure (RVZEGZSTPO)

1. The Public Prosecutor's Office is structured as follows

a) Chief Public Prosecutor and their Deputy;

b) Administrative Office;

c) Juvenile Prosecution Office;

d) * Departments for Misdemeanors and Felonies;

e) Department for Infractions;

f) Branch Offices.

2. The Juvenile Prosecution Office, the Departments, and the Branch Offices consist of the necessary number of Prosecutors or Juvenile Prosecutors, Case Handlers, and Administrative Staff.

3. The Departments are headed by a Senior Prosecutor.

1. The public prosecutor's office operates branches in Davos, Ilanz, Roveredo, Samedan, and Thusis.

2. The branches are under the professional supervision of the First Prosecutor or the Deputy First Prosecutor.

3. He or she is responsible for the case-related duties of a Lead Prosecutor with respect to the branches.

1. The Personnel, Operational, and Professional Management of the Public Prosecutor's Office includes in particular the following tasks

a) the efficient organization of the workflow;

b) the regulation of the on-call organization and representation within the Public Prosecutor's Office;

c) the supervision of work and pending cases;

d) the execution of personnel-related tasks assigned by cantonal law to the head of the department;

e) the issuance of directives concerning the duty of information by the police and other aspects of cooperation in criminal proceedings.

2. The Chief Public Prosecutor may delegate specific authorities to their deputy or, with respect to the respective department, to the Lead Public Prosecutor or the Lead Juvenile Prosecutor.

3. The Deputy of the Chief Public Prosecutor exercises their tasks when

a) a task has been assigned to them in an individual case or generally;

b) a task must be fulfilled during the absence of the Chief Public Prosecutor.

1. The Office undertakes the following tasks in particular

a) Recording of incoming cases as well as maintenance and monitoring of registers;

b) Notification and accounting of decisions;

c) Handling of correspondence and minute-taking;

d) Archiving the files of criminal proceedings;

e) Management of the library;

f) Execution of additional administrative tasks related to criminal proceedings or human resources as instructed by the Chief Public Prosecutor or the Head of the Office.

1. The cantonal Coordination Office for the Criminal Register is managed by the Public Prosecutor's Office in accordance with federal law.

2. It is also responsible for the additional tasks in accordance with the Federal Council's Ordinance on the Criminal Register.

1. The Cantonal Police (Forensic Service) is designated as the central authority (central reporting office) responsible for the notification of deletion events in accordance with Article 22, Paragraph 3 of the Ordinance on the Processing of Biometric Identification Data.

2. The authorities obligated to report must notify the central reporting office of deletion events no later than 20 days after the occurrence of the event relevant to the deletion.

1. The prosecutor's office shall be notified of all decisions in criminal matters to which the provisions of the Code of Criminal Procedure have been applied.

2. The Office for Corrections shall be notified of the decisions in criminal matters for the execution of which it is responsible.

3. To the extent that the collection is the responsibility of the financial administration, decisions in their dispositive part shall be communicated to it.

4. Decisions in which legal aid is granted shall be communicated to the tax administration in their dispositive part.

5. The Office for Migration and Civil Law shall be notified of the final decisions for which it is responsible for execution, and the final decisions concerning gaming law.

6. The cantonal police shall be notified of convictions, acquittals, dismissals, non-prosecution orders, and decisions pursuant to Article 55a paragraph 2 of the Swiss Criminal Code and Article 46b paragraph 2 of the Military Criminal Code.

1. Non-Penal Measures According to the Introductory Act are in particular

a) the revocation or denial of a professional practice license;

b) the imposition of a professional practice ban;

c) the revocation of a certificate of competency;

d) the termination of an employment relationship or a voluntary activity due to violation of professional duties or due to criminal behavior that could impair professional practice or voluntary activity;

e) other disciplinary or supervisory measures;

f) the revocation of an immigration permit or other immigration law measures.

2. The obligation to report presupposes a factual connection between criminal behavior and non-penal measures. The public prosecutor's office and the respective supervisory authority shall coordinate with each other regarding the relevant facts as well as the form and scope of the report.

3. The report is generally made to the respective supervisory authority.

4. Special statutory reporting obligations remain unaffected.

1. The examination of non-criminal measures can arise from the accused person, the criminal offense to be assessed, or the protected legal interest.

2. In terms of personnel, the possibility of measures is particularly to be examined for accused persons who

a) are employed as teachers;

b) work with children or adolescents;

c) practice a profession in the healthcare sector;

d) work in an institution requiring a permit or under state supervision where people or animals are cared for;

e) are foreign nationals.

3. In terms of the facts of the case, a report to an authority is particularly to be considered for violations of

a) the health legislation;

b) the food law;

c) the immigration and asylum legislation;

d) the hunting and fishing legislation;

e) the agricultural legislation;

f) the animal protection legislation;

g) the veterinary legislation;

h) the forestry legislation.

4. The public prosecutor's office and the respective supervisory authority coordinate on the corresponding activities and facts.

1. Designated as official or permanently appointed experts within the meaning of the Code of Criminal Procedure and the cantonal enactment legislation are

a) as a forensic institute: the Department of Forensic Medicine at the Cantonal Hospital of Graubünden;

b) as an institution for child and adolescent psychiatry: the Psychiatric Services of Graubünden, Child and Adolescent Psychiatry;

c) as an institution for child protection: the Child Protection Group at the Cantonal Hospital of Graubünden.

1. Recognition as official or permanently appointed experts applies to the following areas

a) * Public Health Officers

1. Basic examination of extraordinary deaths (legal inspection).

b) Forensic service of the Psychiatric Services of Graubünden

1. Assessment of criminal responsibility;

2. Assessment of the necessity and/or expediency of measures;

3. Evaluation of witnesses and informants when their ability to testify is questioned due to mental illness.

c) Forensic Medicine Institute

1. Investigation of extraordinary deaths (legal inspection, autopsy, expert opinions);

2. Identification of unknown deceased persons;

3. Assessment of bodily injuries;

4. Examination of victims of sexual offenses;

5. Reconstruction of events based on findings;

6. Alcohol assessments (retroactive calculations, theoretical calculations).

d) Institution for Child and Adolescent Psychiatry

1. Psychiatric and/or psychological assessments of children and adolescents.

e) Institution for Child Protection

1. Care for children and adolescents suspected of being subject to any form of abuse.

1. The Counseling Center for Perpetrators of Violence conducts the learning programs against violence as ordered by the Public Prosecutor's Office and the courts.

2. It charges a fee of 50 to 500 Swiss Francs for this service.

1. The fee for covering the costs of criminal proceedings before the Public Prosecutor's Office is

a) Decision on jurisdiction: CHF 50 to 500

b) Investigation and decision in summary penalty order proceedings for misdemeanors: CHF 100 to 1000

c) Investigation and decision in other summary penalty order proceedings: CHF 100 to 2000

d) Investigation by the Public Prosecutor's Office: CHF 200 to 20,000

e) Issuance of subsequent and independent decisions: CHF 50 to 2000

2. In criminal proceedings according to the Juvenile Criminal Procedure Code, the fee range is to be reduced by half.

3. In criminal proceedings of extraordinary scope, particular difficulty, or with multiple accused persons, the maximum fees can be increased accordingly.

4. Outside the criminal proceedings, the fees of the Public Prosecutor's Office are determined according to the provisions applicable to administrative proceedings.

1. The fee to cover the costs of criminal proceedings before administrative authorities consists of a state fee and the fees for issuance and notifications.

2. The fee rates are determined in accordance with the provisions applicable to administrative proceedings.

1. Witnesses are compensated for their examination, including travel to and from the location, at a rate of 30 Swiss Francs per hour.

2. If a higher loss of earnings is claimed, it must be substantiated by the witness. The compensation amounts to a maximum of 500 Swiss Francs per day.

3. Expenses in accordance with cantonal personnel law are provided upon request.

1. The expenses incurred during the investigation procedure are initially covered by the prosecution in advance.

2. Security deposits and seizures to cover costs are to be transferred to the financial administration without delay. After the conclusion of the investigations, the prosecution will inform them of further use.

1. The regional court is responsible for the collection of costs assigned to the parties involved in the proceedings. It periodically reconciles with the financial administration regarding investigation costs and promptly transfers these.

2. If the costs are only partially assigned to the parties in the judgment or cannot be fully collected, the amount received should initially be used to settle the fine.

3. The regional court must submit a loss report to the financial administration for the uncollectible portion of the procedural costs, including the collection documents or a justified write-off order. The write-off may only be executed if the debtor has been unsuccessfully pursued, or if initiating the enforcement proceedings is deemed futile.

4. The compensation for official defense is to be paid out by the regional court's treasury.

1. Upon the entry into force of this ordinance, the following decrees shall be repealed

a) Ordinance on the Organization and Management of the Public Prosecutor's Office dated December 16, 1974[15];

b) Ordinance on the Issuance of On-the-spot Fines dated November 11, 1974[16];

c) Ordinance on Fees and Compensation for Persons Involved in Criminal Proceedings as well as Accounting dated December 16, 1974[17];

d) Ordinance on the Written Notification of Criminal Decisions dated February 24, 1975[18].

2. If existing decrees refer to provisions repealed by this ordinance, the corresponding provisions of the Swiss Code of Criminal Procedure[19], the Swiss Juvenile Criminal Procedure Code[20], and the cantonal implementing legislation[21] shall apply.

1. The amendment of government regulations is governed in the annex.

1. For criminal proceedings before administrative authorities in the field of agricultural law, the department is responsible.

1. This regulation shall enter into force on January 1, 2011.