Prosecution Service Act (LMPu) (LMPU)

1. This law governs the organization and powers of the Public Prosecutor's Office.

1. **The Public Prosecutor's Office** exercises the powers conferred upon it by the Swiss Code of Criminal Procedure (hereinafter: SCCP) [A].

2. It is competent to prosecute offenses and misdemeanors under cantonal law.

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1. The Public Prosecutor's Office is composed of the central Public Prosecutor's Office and four district Public Prosecutor's Offices, the boundaries of which correspond to those of the judicial districts.

2. Upon the proposal of the College of Prosecutors, the Council of State determines their seat.

1. The magistrates of the Public Prosecution Service are

a. the Prosecutor General;

b. the two Deputy Prosecutors General;

c. the other prosecutors holding a managerial position;

d. the prosecutors, including the substitute prosecutors;

e. the assistant prosecutors.

1bis. The Prosecutor General and the Deputy Prosecutors General together form the College of Prosecutors.

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1. The collaborators of the Public Prosecutor's Office are the legal and administrative collaborators of the central Public Prosecutor's Office and the district public prosecutor's offices.

1. If the disqualification of the Attorney General or the Deputy Attorneys General is declared, the Bureau of the Grand Council shall appoint a special prosecutor.

2. If the disqualification of another prosecutor is declared, the Attorney General may either take over the case personally or appoint another magistrate from the Public Prosecutor's Office.

1. The Attorney General and the Deputy Attorneys General are elected by the Grand Council for a term of five years, starting from January 1st of the third year following the renewal of the Grand Council.

1bis. The Grand Council appoints, from among the Deputy Attorneys General, the substitute for the Attorney General.

2. If a vacancy occurs during a five-year term, the Attorney General or the Deputy Attorneys General are appointed for the remainder of that term.

3. The Attorney General and the Deputy Attorneys General are eligible for re-election.

4. Otherwise, Articles 155 and 156 of the law on the Grand Council apply by analogy to the election of the Attorney General and the Deputy Attorneys General.

1. Other public prosecutors are appointed by the College of Prosecutors for a duration of five years starting from April 1st of the third year following the renewal of the Grand Council.

2. They are eligible for re-election.

3. If a vacancy occurs during a five-year period, the replacement is appointed for the remainder of that period.

4. Alternate prosecutors do not hold a position and are compensated by allowances.

1. In the event of the permanent impediment of the Attorney General, the Bureau of the Grand Council shall appoint one of the Deputy Attorneys General as Interim Attorney General.

2. In the event of the permanent impediment of a magistrate of the Public Prosecutor's Office, the College of Prosecutors may appoint an interim prosecutor.

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1. Adults of Swiss nationality who are not deprived of their civil rights and have not been convicted of acts contrary to integrity or honor may alone serve as magistrates of the Public Prosecutor's Office.

2. Magistrates of the Public Prosecutor's Office must have a complete legal education or an equivalent deemed appropriate.

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4. The Attorney General and the Deputy Attorneys General must reside in the canton. The same applies, except for just cause, to other magistrates of the Public Prosecutor's Office.

5. The Judicial Council shall set a deadline for a prosecutor who does not reside in the canton to establish residence there, and shall rule if necessary on the just cause referenced in paragraph 4.

1. There must be no direct lineage relationship or affinity, nor any collateral relationship up to the third degree inclusively, no registered partnership or de facto cohabitation between the magistrates of the Public Prosecutor's Office and the members of the Judicial Council, nor between the magistrates of the same office.

1bis. Anyone who causes an alliance of a prohibited degree is deemed to have resigned.

1. Public prosecutors shall not participate in any activities or engage in any profession that may impair the performance of their duties, compromise their official position, or hinder their independence.

2. Public prosecutors shall not practice as lawyers, legal advisors, notaries, or licensed business agents, nor can they serve as judicial magistrates or associates of the judiciary.

3. Public prosecutors shall disclose their ancillary activities to their appointing authority.

1. Public prosecutors cannot hold any political office.

2. Public prosecutor's employees cannot hold any cantonal or federal political office.

1. Upon taking office and after each re-election, the Attorney General and the Deputy Attorney Generals are sworn in by the Grand Council at the same time as the cantonal judges.

2. Other magistrates of the Public Prosecutor's Office are sworn in by the College of Prosecutors.

2bis. The quinquennial swearing-in at the beginning of the legislature for senior prosecutors and other magistrates of the Public Prosecutor's Office takes place in the presence of a delegation from the Cantonal Court and the Judicial Council.

3. The oath is the same as that provided for judicial magistrates.

1. The College of Prosecutors is the authority responsible for hiring the staff of the Public Prosecutor's Office. It may delegate this authority.

1. Articles 30 to 33, 35, 41, 42, 55, 62 of the State of Vaud Personnel Act [B] shall apply mutatis mutandis to the magistrates of the Public Prosecutor's Office.

1. Public Prosecutors are entitled to the allowances provided for by the State Personnel Act of Vaud.

1. The Grand Council shall set the salary of the Attorney General and the Deputy Attorneys General by decree.

2. The Council of State shall set the salary of the other magistrates of the Public Prosecutor's Office.

1. The Attorney General and the Deputy Attorneys General may at any time submit their resignation to the Grand Council with a notice period of six months; this period may be shortened with the consent of the Bureau of the Grand Council.

2. Other magistrates of the Public Prosecutor’s Office may at any time submit their resignation with a six-month notice period effective at the end of a month. This period may be shortened with the consent of the appointing authority.

1. The Council of the Judiciary is the disciplinary authority for prosecutors of the Public Prosecution Service.

1. The confidentiality of the investigation and the independence of the Public Prosecutor's Office are guaranteed.

2. The Public Prosecutor's Office is subject to the supervision of the Judicial Council.

3. The State Council may issue general instructions to it regarding financial matters.

4. The activity of the Public Prosecutor's Office in specific cases is not subject to the supervision of the Judicial Council. The latter cannot give instructions related to the initiation, conduct, or closure of proceedings, the representation of the prosecution before the court, or the filing of appeals.

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1. The Attorney General submits an annual report to the Judicial Council on the activities of the Public Prosecutor's Office.

2. This report is transmitted to the Grand Council in accordance with the provisions of the law on the Judicial Council.

1. The College of Prosecutors directs the Public Prosecution Service, ensures its proper functioning, and oversees ongoing investigations.

1bis. The College of Prosecutors organizes itself freely. It may issue regulations and directives, particularly to ensure the uniform exercise of criminal prosecution.

1ter. The Attorney General presides over the College of Prosecutors and represents the Public Prosecution Service.

2. The College of Prosecutors sets the rules relating to the powers of prosecutors holding a management position.

3. It supervises the activity of other magistrates of the Public Prosecution Service and may give them general instructions.

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1. The Attorney General may at any time

a. withdraw a case from another prosecutor to handle it himself or assign it to another prosecutor;

b. withdraw from a case he is handling and assign it to another prosecutor.

2. He may delegate to other public prosecutors his powers to approve orders for dismissal, non-prosecution, or suspension of proceedings, and to oppose penal orders issued by district prosecutors and authorities competent in matters of minor offenses. He regulates the attribution of appeals against decisions rendered in matters of minor offenses.

3. Subject to refusals of approval provided for in Article 29 of the Introductory Act to the Swiss Criminal Procedure Code (hereinafter: LVCPP), he may not give instructions regarding decisions to be taken during an investigation, at its conclusion, or regarding conclusions to be drawn in the indictment, at a hearing, on appeal or further appeal.

1. Magistrates of the Public Prosecutor's Office exercise all the powers conferred by the Criminal Procedure Code (CPP).

2. Assistant prosecutors cannot initiate or support the prosecution in cases falling within the jurisdiction of the correctional or criminal court.

1. The Central Public Prosecutor's Office is competent

- to conduct investigations falling within its remit, as defined by the College of Public Prosecutors;

- to exercise the approval and control powers delegated by the Prosecutor General.

2. It is the competent authority for mutual legal assistance and conflicts of jurisdiction. Its competencies include

- receiving and executing rogatory commissions originating from an authority outside the canton;

- receiving the information provided for in Article 52, paragraph 1 of the CCP [A];

- intervening in investigations conducted by the federal authority when the law requires the involvement of the cantonal judicial authority;

- representing the cantonal authorities before the Federal Criminal Court in matters of conflicts of jurisdiction;

- submitting an extradition request to the Federal Office of Justice (FOJ) until a final and enforceable judgment; it has standing to appeal against the FOJ's decision not to submit such a request;

- receiving requests for the execution of an extradition ordered by the FOJ;

- submitting a request for delegation of criminal prosecution and appealing against a refusal by the FOJ;

- receiving a request for delegation of criminal prosecution;

- ordering the suspension of criminal proceedings within the framework of Article 20 of the Federal Act on International Mutual Assistance in Criminal Matters [C].

1. District public prosecutor's offices have jurisdiction according to the rules of jurisdiction as outlined in the CPC [A], subject to the competencies of the central Public Prosecutor's Office.

2. The College of Prosecutors decides on the allocation of prosecutors and determines the extent to which they are competent outside their district.

1. Only the Public Prosecutor who filed charges against the defendant may lodge an appeal or form an appeal with the Cantonal Court.

2. Only the Attorney General or the Deputy Attorneys General have the authority to bring a case before the Federal Court.

1. Under their responsibility, the prosecutor may delegate the questioning of the defendant, the witness, and the person called to provide information to an authorized assistant pursuant to Article 28 LVCPP [D].

2. Anyone being questioned by an assistant may at any time request to be questioned by the prosecutor personally.

1. Public Prosecutors take office on January 1, 2011.

2. The term of office for investigating judges ends on December 31, 2010.

3. Public Prosecutors are appointed until the end of the judicial legislature.

1. The law of November 30, 1954, on the organization of the Public Prosecutor's Office is repealed.

1. This Act comes into force on January 1, 2011.

1. The Council of State is responsible for the execution of this law. It shall publish the text in accordance with Article 84, paragraph 1, letter a) of the Cantonal Constitution and shall enforce it by decree, in accordance with Article 31 above.

1. The tenure of Deputy Attorneys General is extended until December 31, 2024.

2. The tenure of other magistrates of the Public Prosecutor's Office as defined in Article 8 is extended until March 31, 2025.