Law on the Organisation of Juvenile Criminal Authorities

This law governs the organization and jurisdiction of juvenile criminal authorities.

1 The juvenile court judiciary consists of a juvenile court judge and a substitute; it has jurisdiction over the entire Canton and is based in Lugano.

2 The juvenile court judge directs the office and supervises its operations.

3 He or she relies on a juvenile service composed of specialized educators.

1 The Juvenile Magistrate conducts the investigation, issues indictments and decisions to promote the prosecution, sustains the prosecution before the Juvenile Court, and exercises other powers attributed to him by law.

2 The Juvenile Magistrate issues the declaration of enforceability (exequatur procedure) for definitive and enforceable criminal decisions from a foreign state. The decision may be challenged by appeal to the Court of Criminal Appeals and Revision. [1]

[1] Para. introduced by Law of 14.12.2015; in force since 5.2.2016 - BU 2016, 42.

1 The juvenile magistrate promotes and supervises initiatives aimed at safeguarding the moral interests of minors and, in particular, has the power to visit public and private institutions for minors subject to his jurisdiction.

2 He collaborates with magistrates from other cantons and with authorities involved in the protection and education of youth.

1 The Juvenile Court is composed of a president and two judges; there are also a substitute president and two substitute members.

2 The president and their substitute are chosen from among magistrates who are not members of a criminal authority and former magistrates; Article 52 paragraph 3 of the Law of 10 May 2006 on judicial organisation is applicable by analogy.

3 The members and their substitutes must have a background in psychiatry, psychology, or pedagogy.

1 The Juvenile Court exercises the powers attributed to it by law.

2 The President of the Juvenile Court rules on objections to indictments concerning contraventions.

The Office of the Coercive Measures Judge exercises the powers attributed by law to the Coercive Measures Judge.

1 The appellate jurisdiction in juvenile criminal matters is exercised by the Criminal Appeals Court.

2 Appeals against decisions of the juvenile magistrate concerning execution may be lodged with the Criminal Appeals Court within a period of ten days; Article 39 of the Law of 20 March 2009 on juvenile criminal procedure applies by analogy.

The appellate jurisdiction in juvenile criminal matters is exercised by the Criminal Court of Appeal and Revision.

The procedure for offenses under cantonal law is governed by the Federal Act of March 20, 2009 on Juvenile Criminal Procedure.

The Council of State regulates the modalities and procedure for mediation and establishes the requirements for admission to the activity of mediator.

1 It is prohibited for mass media to publish news that allows the identification of minors involved as perpetrators or victims of crimes.

2 Anyone who violates this prohibition shall be punished by the competent Department with a fine of up to 1,000 francs; the Administrative Procedure Act (LPAmm) of 24 September 2013 is applicable. [2]

3 An appeal against the decision of the Department may be lodged with the Council of State, whose decision may be challenged before the Cantonal Administrative Court.

[2] Para. amended by L 14.12.2015; in force since 5.2.2016 - BU 2016, 42.

Public bodies are required to collaborate with the juvenile court judge for the execution of sanctions.

[3] 1 The acts of criminal proceedings that do not result in a judgment by the trial judge are preserved by the Magistrate for Minors; those in which a judgment on the merits has been issued are preserved by the Juvenile Court; and those concerning execution are preserved by the competent authority. The Council of State establishes the retention periods.

2 The Magistrate for Minors decides on the consultation of acts from concluded proceedings.

3 The inspection of the acts of a case and the extraction of copies may be permitted to anyone who demonstrates a legitimate legal interest that prevails over the personal rights of the persons involved in the case, notably those of the parties, the complainant, witnesses, and experts.

4 Decisions concerning the consultation of acts may be challenged by complaint to the Criminal Complaints Court of the Court of Appeal within 10 days; the procedure provided for in articles 379 et seq. of the Code of Criminal Procedure of 5 October 2007 shall apply by analogy.

[3] Art. introduced by Law of 14.12.2015; in force since 5.2.2016 - BU 2016, 42.

1 Upon expiry of the time limits for the exercise of the right to a referendum, this law shall be published in the Official Bulletin of Laws and Executive Acts.

2 The Council of State shall determine its entry into force. [4]

Published in OB 2010, 332.

[4] Entry into force: 1 January 2011 - OB 2010, 332.