3 Criminal Law - Criminal Procedure - Enforcement - 32 Criminal Procedure - 322 Neuchâtel Criminal Procedure - CHAPTER ONE Scope of Application and General Principles (EG-STPO)

1. This law contains the provisions necessary for the execution of the Swiss Code of Criminal Procedure (SCCP), dated October 5, 2007.

2. The organization of the judicial authorities is governed by the Neuchâtel Judicial Organization Act (NJOA), dated January 27, 2010.

The provisions of the Swiss Code of Criminal Procedure and the present law govern the procedures falling under cantonal criminal law.

The immunity of the members of the Grand Council and the Council of State is governed by the laws relating to their organization and status.

[4] 1 The department designated by the Council of State (hereinafter: the department) receives, on behalf of the public prosecutor's office, reports concerning offenses listed in the Federal Act on Summary Punishment Orders of March 18, 2016 [5], as well as those listed in a directive from the Attorney General.

2. It drafts, on behalf of the public prosecutor's office, penal orders in accordance with the Attorney General's instructions.

[6] The Attorney General issues a directive in the form of an order, published in the Neuchâtel legislative collection, designating

a) the violations that must be reported to the service;

b) the cantonal and communal entities responsible for reporting said violations;

c) the applicable tariffs for the violations.

[7] 1 The public prosecutor's office is the competent authority for prosecuting violations of federal and cantonal legislation.

2. Repealed.

3. The powers of the authorities and administrative functions provided for by law are reserved (Article 17 Swiss Criminal Procedure Code).

[9] Assistant prosecutors are subordinate to the Attorney General or to the prosecutor designated by the latter.

[10] 1 Assistant prosecutors may intervene in all cases where the defendant is liable to a custodial sentence of up to 4 months, a monetary penalty of up to 120 daily units, community service of up to 480 hours, or a fine.

2. If it appears during the proceedings that the defendant is liable to a greater penalty, the case is referred to the attorney general or the prosecutor designated by the latter.

3. The evidence administered remains included in the file, and the investigative actions carried out retain their validity.

[11] 1 Assistant prosecutors and deputy prosecutors are competent to

a) initiate an investigation (Art. 309, para. 1 CrimPC);

b) issue an order of non-entry into the matter (Art. 310 CrimPC);

c) order the suspension and resumption of the investigation (Arts. 314 and 315 CrimPC);

d) order the dismissal of the proceedings (Art. 319 CrimPC);

e) issue a penal order (Art. 352 CrimPC);

f) bring charges before the competent court (Art. 324 CrimPC);

g) present written proposals to the court or appear in person (Art. 337 CrimPC);

h) issue subsequent independent judicial decisions (Art. 363 CrimPC);

i) rule on matters of assigned defense or free legal counsel (Arts. 132 to 134 and 137 CrimPC) as well as on the compensation of assigned defense or free legal counsel (Arts. 135 and 138 CrimPC).

2. Assistant prosecutors and deputy prosecutors may order all acts of investigation and all coercive measures, except those that must be submitted to the court of coercive measures.

1. The Public Prosecutor's Office is competent to handle requests for mutual assistance originating from other cantons in criminal matters falling under cantonal law.

2. Such mutual assistance is granted only under the condition of reciprocity.

3. The costs of the procedure are charged to the requesting canton.

4. Otherwise, the provisions of the Swiss Criminal Procedure Code (CPC) relating to national judicial mutual assistance (Articles 43 to 53 CPC) as well as the general rules of procedure apply analogously.

[12] The public prosecutor may delegate the execution of requests for judicial assistance to court clerks, assistant prosecutors, and the police.

The procedure before the criminal authorities is conducted in the French language.

[13] The days considered as public holidays in the canton are those when the offices of the cantonal administration are closed for at least half a day.

The administrative commission of the judicial authorities is empowered to establish rules regarding the admission of court reporters, as well as their rights and duties.

[14] The Council of State Designates the Competent Authority Regarding Criminal Records and Enacts the Necessary Implementing Provisions

**The Council of State Regulates Electronic Notification**

Official Publication Notification

The notification by official publication takes place in the Official Gazette of the Republic and Canton of Neuchâtel (hereinafter: the Official Gazette).

[15] Upon a reasoned request, the judicial authorities shall transmit to the administrative authorities responsible for detention and probation a copy of all or part of the criminal files necessary for the fulfillment of their duties.

1. The consultation of the file of a criminal procedure that has been definitively concluded must, if the file has not yet been transferred to the State archives, be the subject of a written and reasoned request addressed to the public prosecutor's office.

2. For the rest, the procedure is governed by the legislation concerning the transparency of state activities and the protection of data.

**1. The Authority or Executive Power of Public Entities**

The authority or executive power of public entities has the status of a party, with all rights attached to this status, in any case where the liability of said public entity or its agents is at issue.

**2. Representation by the Public Prosecutor**

The public prosecutor may be represented, during the police investigation, at the inquiry as well as before the courts, by a member of the cantonal administration designated by the prosecutor, when it is the responsibility of the cantonal administration to ensure the application of special federal or cantonal legislation.

[16]

[17] Court Clerks and Assistant Clerks as well as Associate Prosecutors and Assistant Prosecutors may conduct any hearing by delegation from the prosecuting authority to which they are assigned.

The officers and agents of the judicial police may conduct hearings of the defendants and persons called to provide information, as well as, on the mandate of the public prosecutor, the hearing of witnesses.

1. The management of the procedure may at any time order measures that it deems appropriate for the protection of a person outside the procedure.

2. To benefit from this protection, the person involved in the procedure or their close relatives must be exposed to a serious danger threatening their life or physical integrity, or to another serious disadvantage.

1. The administrative commission of judicial authorities may establish a list of official experts whom the investigation authorities and courts may call upon.

2. This list is not exhaustive.

1 When the police are authorized to order or execute coercive measures, only judicial police officers are competent to order

a) the issuance of a search notice (art. 210, para. 1, CPC);

b) a home visit (art. 213, para. 2, CPC);

c) a body examination (art. 241, para. 3, CPC);

d) a search (art. 241, para. 3, CPC);

e) the non-invasive collection of samples and the establishment of a DNA profile (art. 255, para. 2, CPC);

f) the seizure of identifying data (art. 260, para. 2, CPC);

g) the secret surveillance of persons (art. 282, para. 1, CPC).

2 Other coercive measures that the police are authorized to order or execute may be carried out by any member of the judicial police.

1. The conduct of proceedings may decide to grant a reward to individuals who have made a decisive contribution to the investigations.

2. It sets the amount definitively.

3. However, it may not grant a reward exceeding 15,000 francs without having first obtained the authorization of the administrative commission of judicial authorities.

Only judicial police officers are authorized to order the extension of custody at the station beyond three hours.

Healthcare professionals are required to immediately report cases of suspicious deaths to the judicial police or the public prosecutor.

[18] 1. Any constituted authority and any public officeholder who, while performing their duties, becomes aware of an offense that is prosecuted ex officio, is obliged to promptly notify the public prosecutor's office.

2. The public officeholder must proceed through the hierarchical channels. Offenses provided for by the Federal Act on Summary Punishment Orders of March 18, 2016, as well as those mentioned in the directive of the Attorney General, are to be reported directly to the service.

[19] 1 Except for coercive measures that must be submitted to the coercive measures court, prosecutors may assign all investigative acts to clerks or drafting clerks of the public prosecutor's office, or to assistant prosecutors.

2. However, they must personally carry out the essential acts of the investigation.

[20] 1 The Attorney General and the prosecutor who conducted the first instance trial are entitled to

c) file applications for revision.

2. If the first instance procedure was conducted by an assistant prosecutor, the right to appeal belongs to the Attorney General or to the prosecutor designated by the Attorney General.

[22] 1 The Grand Council sets the tariff for procedural fees and emoluments, upon the proposal of the Council of State.

2. This tariff is established by a law [23].

[24] 1. The indemnity for defense costs of the defendant is set based on an hourly rate, excluding VAT, of 300 francs for a lawyer and 165 francs for a trainee.

2. The authority may apply a higher hourly rate, up to a maximum of 350 francs, excluding VAT, when the rate provided in paragraph 1 appears inequitable, given the exceptional importance of the case or the specific skills it requires.

3. Travel time and expenses are compensated as follows

a) at a flat rate of 3.80 francs per kilometer, excluding VAT, for a lawyer;

b) at a flat rate of 2.30 francs per kilometer, excluding VAT, for a trainee lawyer;

c) at the rate of first-class public transportation, for travel outside the canton.

[25] Shipping, copying, and telephone expenses are calculated based on actual costs or at a flat rate of 5% of the indemnity amount, excluding travel expenses.

[26] 1 The State guarantees the payment of fees at the legal aid rate to the lawyer from the first hour for their initial intervention during duty, if the assisted person is found to be insolvent or has disappeared.

2. Paragraph 1 does not apply when, at the time of the hearing, the intervention of a representative appears manifestly unreasonable.

3. The direction of the procedure, or the Public Prosecutor's Office when the investigation has not been opened, determines the amount of the fees.

4. The appeal procedures applicable to legal aid apply.

5. The compensation paid by the State is refundable under the same conditions as legal aid.

Each criminal authority is responsible for the publications required by its activities in the Official Gazette.

[28] 1 The Public Prosecutor's Office or the court that rendered the first-instance judgment decides on the victim's requests regarding the allocation in their favor of confiscated objects and assets.

2. The procedure is the one applicable in the case of subsequent independent judicial decisions.

The following legislative texts are repealed

a) Neuchâtel Code of Criminal Procedure (NCCP), dated April 19, 1945 [29];

b) Law on the Accession to the Concordat on Mutual Legal Assistance and Intercantonal Cooperation in Criminal Matters, dated February 1, 1994 [30].

Entry into force: January 1, 2011 [31].

Law promulgated by the Council of State on May 21, 2010.