Regulations of the Public Prosecutor's Office of the Canton of Valais - Scope

1. This regulation governs the internal organization of the Public Prosecutor's Office of the Canton of Valais, the internal supervision, the preliminary review of non-prosecution, non-initiation, suspension orders, and penal orders, communications, relations with the media, and archiving.

2. It applies to all offices of the Public Prosecutor's Office of the Canton of Valais.

3. Federal or cantonal law that takes precedence, as well as individual instructions from the Attorney General, are hereby reserved.

4. Insofar as this regulation does not contain provisions regarding the status of prosecutors, the applicable regulations for state personnel in public administration apply accordingly.

1. In this regulation, every designation of a person, status, or function applies equally to both women and men.

2. Unless otherwise specified, the term Prosecutor refers to the Attorney General, his deputy, the Chief Prosecutor, the Prosecutor, the Deputy Prosecutor, and the Special Prosecutor.

3. Unless otherwise specified, the term Office or Public Prosecution refers to the Central Public Prosecution and the Regional Public Prosecution Offices.

4. Unless otherwise specified, the term Management refers to the Attorney General and his deputy for all offices of the canton, and the Chief Prosecutor for the relevant Regional Office.

1. All appointments not reserved for another authority shall be made by the Office of the Public Prosecutor.

2. As a general rule, the Office advertises vacant positions in the Official Gazette. Additionally, the advertisement may be published through other means, such as publication in the daily press. If the result of the advertisement is unsatisfactory, the appointment may be set aside, the position filled by way of appeal, or re-advertised.

3. In the case of change in employment level or for short-term appointments, a public advertisement may be dispensed with.

4. The appointment of public prosecutors, extraordinary prosecutors, substitutes, and bailiffs shall be published in the Official Gazette.

1. Unless there are reasons for non-reappointment, all appointed public prosecutors, extraordinary public prosecutors, and deputy prosecutors shall be reappointed on January 1 following the re-election of the Office of the Public Prosecutor for a term of four years.

2. Non-reappointments shall be communicated in writing to the affected person six months in advance and with reasons provided. The person must be given the opportunity to submit comments beforehand.

1. The Office of the Public Prosecutor administers the oath to all public prosecutors, extraordinary public prosecutors, and substitutes, as well as the court ushers, following their appointment and reappointment.

2. The management informs the administrative staff and interns about their duty of confidentiality upon commencement of their duties.

1. Public prosecutors and their substitutes may submit their resignation to the appointing authority at any time. They must observe a notice period of 6 months, effective at the end of any given month.

2. The appointing authority may shorten this notice period.

1. Cases of particular significance are deemed to include, in addition to the cases mentioned in Article 7 EGStPO, in particular also

a) Serial offenses that require uniform handling;

b) Offenses that are to be assigned to specialized public prosecutors or staff at the Central Public Prosecutor's Office;

c) Offenses in connection with major events;

d) Offenses involving magistrates or members of the Valais Cantonal Police.

1. The allocation of cases is decided by the head of office in accordance with general or specific instructions from the Attorney General and instructions from the Senior Public Prosecutors for the office under their jurisdiction.

2. Prosecutors generally take on cases from the entire jurisdiction of their office according to their language skills.

1. The Attorney General may designate specialized prosecutors within the central prosecution office.

2. The management may assign specific areas of criminal law as a priority to specialized prosecutors.

3. The Attorney General may appoint a cantonal coordinator for specialized areas.

4. The Prosecutor's Office designates the prosecutors who carry out the duties of the juvenile prosecutor's office (Art. 21 Swiss Juvenile Criminal Procedure Code and Sec. 26b para. 2 RPflG).

1. Public prosecutors may be represented for individual procedural acts in cases where they are unable to act.

2. The head of the office may temporarily assign a case file to a deputy for reasons of language proficiency or better distribution of workload, or for the purpose of carrying out specific procedural acts.

3. The chief prosecutor determines which prosecutor from his office will represent him in the event of his inability to act. Unless otherwise specified, the prosecutor with the longest tenure serves as his deputy.

1. The Public Prosecutor's Office is represented externally, particularly to the Grand Council, the Council of State, and the Cantonal Court, by the Attorney General.

2. On matters of general significance, the Attorney General may seek the opinion of the public prosecutors.

1. The Attorney General issues directives regarding the internal organization of the offices and the exercise of the duties of the prosecution office, in particular regarding the clarification of competencies, the initiation and conclusion of proceedings, criminal investigations in general and in special cases, reporting obligations and notifications, legal assistance, hearings, coercive measures, and the involvement of expert witnesses.

2. The office management organizes regular meetings among the public prosecutors as needed, during which organizational issues, practices, and case assignments are specifically discussed.

3. The Attorney General convenes all public prosecutors under his leadership at least once a year.

1. The Attorney General further regulates the cooperation of prosecutors with the police in directives.

1. Prosecutors of the regional offices serve on a rostered on-call duty. The Attorney General may also provide for an on-call duty for the Central Public Prosecutor's Office.

2. The on-call duty is further regulated by a general directive from the Attorney General and, if necessary, by directives from the Senior Public Prosecutors.

1. The Attorney General issues directives on the requirements for requests for legal assistance in cases of international legal aid (Art. 16 of the Swiss Code of Criminal Procedure and Art. 54 et seq. of the Swiss Criminal Procedure Code).

1. Requests for national legal assistance are generally executed through direct communication between the involved public prosecutor's offices (Art. 15 par. 1 EGStPO and Art. 46 StPO).

2. The Attorney General issues further detailed instructions in this regard.

1. The Attorney General issues specific directives regarding the handling of conflicts over jurisdiction and venue.

2. He decides in intracantonal conflicts regarding venue between regional offices (Art. 40 para. 1 of the Criminal Procedure Code and Art. 7 letter c of the Cantonal Implementation Law on the Criminal Procedure Code).

1. The Attorney General determines in the directives how the files are to be managed and maintained. He issues directives for accounting in the offices.

1. The Attorney General conducts an annual inspection at each office and for each prosecutor concerning the submission of the report on the conduct of the public prosecutor's office.

2. The inspected prosecutor is required to provide a comprehensive account of their conduct (handling and resolution of cases, management of files, internal cooperation, management of the office, etc.).

3. The Attorney General may conduct or order additional general or specific inspections.

1. The Office Management is responsible for the vacation regulations and the compensation of overtime. It ensures that the regular conduct of the office's business is maintained.

2. The Attorney General may order the introduction of a time clock system for the administrative staff to monitor working hours.

3. For the overtime of administrative staff, the compensations provided for in the cantonal legislation are granted.

1. Prosecutors shall refrain from anything that could call into question their independence and credibility.

2. They shall avoid any misuse of their position for their own interests or those of persons close to them.

3. In particular, they must not accept any undue advantages for themselves or for persons close to them in their official capacity.

1. Prosecutors dedicate their entire working time to activities for the Public Prosecutor’s Office.

2. Secondary occupations, such as taking on a role as an arbitrator or expert, advisory or teaching activities, and similar endeavors, require the approval of the Public Prosecutor's Office.

3. Approval must not be granted if the activity could impair the reputation of the institution.

4. A mandate for continuous consulting for public bodies, private companies, or individuals may not be approved.

5. Approval may specifically be granted for work on scientific projects, part-time work for public bodies, participation in public commissions, or special investigations in the public interest, such as serving as an extraordinary prosecutor in another canton or at the federal level, provided that this does not affect the performance of duties for the office.

6. However, approval for major or long-lasting tasks may be contingent upon a reduction in working hours, a leave of absence, or another mutually agreed solution regarding salary.

7. The publication of scientific works, participation in scientific projects, speaking engagements at scientific events, participation in scientific commissions or conferences, legal advice within the family circle or for individuals gratuitously, as well as private artistic or scientific activities, do not require approval; however, such activities must not adversely affect duties for the office.

8. If the annual net compensation for secondary occupations exceeds 20 percent of the annual net salary, the excess amount is to be surrendered to the state treasury. This obligation does not apply to compensation for work performed during periods of leave or part-time employment at leisure, or for royalties and license fees from private artistic or scientific activities.

1. The Register of Interests of Magistrates of the Public Prosecutor's Office includes

a) their membership in management and supervisory bodies of corporations, companies, institutions, or foundations of private and public law;

b) the roles they perform in commissions or other bodies of the Confederation, the canton, and the municipality;

c) any secondary employment.

2. Any changes must be reported upon their occurrence.

3. By signing the interests disclosure form, the magistrates confirm that they have disclosed all their interests connections. In cases of doubt, the Prosecutor's Office will decide on the reported interests connections.

4. The register will be published on the official page of the Public Prosecutor's Office of the Canton of Valais.

1. During procedural actions, prosecutors shall wear a suit, the robe, or other attire adapted to the circumstances.

2. The provisions of the judicial authorities regarding attire remain reserved.

1. Each office has a secretariat accessible to the public, which is managed by the office management.

2. The administrative staff handles the administrative tasks of the office, including management, classification, delivery, dispatch, accounting, and archiving of files, as well as the recording of procedural actions and any other tasks assigned by the office management. The employment level is generally at least 40 percent.

3. The secretariat of the Central Public Prosecutor's Office supports the Attorney General in areas such as general administration, personnel, premises, equipment, information technology, accounting, and budget planning.

4. The recording of procedural actions is generally carried out by the secretariat staff under the responsibility of the public prosecutor.

5. The public prosecutor may directly involve the responsible police officers in the recording process.

6. The office management may assign a member of the administrative staff to lead the secretariat and assign special tasks to the administrative staff (such as reception service, accounting, payment services, statistics, information technology, recording, archiving, usher service, logistics, etc.).

7. Within the framework of the approved positions, the Public Prosecutor's Office may decide on the employment of specialized personnel (such as in the areas of information technology, domestic service, or auditing).

8. For urgent deployments (on-call assignments), the administrative staff may be summoned to work at any time.

9. The cantonal regulations governing the officials and employees of the State of Wallis apply to the administrative staff.

1. The Office of the Public Prosecutor shall take all necessary measures to protect magistrates and employees who are subject to threats or attacks due to the proper performance of their duties.

2. Upon request, the legal costs and attorney's fees incurred by a magistrate or an employee as a result of civil, criminal, administrative, or disciplinary proceedings initiated against them by third parties concerning facts related to their professional activity may be covered by the Office of the Public Prosecutor. The same applies if the adequate defense of the interests of a magistrate or employee who has been threatened or attacked requires the initiation of legal proceedings.

3. The magistrate or employee shall submit their application for cost coverage to the Office of the Public Prosecutor. The application must contain in particular a detailed description of the facts as well as all relevant documents; otherwise, the Office of the Public Prosecutor will not entertain it. The coverage of the legal costs and attorney's fees is generally provided in the form of advances during the proceedings based on a decision by the Office of the Public Prosecutor. Magistrates or employees shall inform the Office of the Public Prosecutor about the course of the proceedings and submit all orders, judgments, or decisions issued in the proceedings for which the Office of the Public Prosecutor covers the legal costs and attorney's fees.

4. The costs of this legal protection shall be wholly or partially imposed on the magistrate or employee if they have willfully or grossly negligently violated their official duties.

1. The approval of decisions on dismissal, non-pursuance, and suspension orders as well as penal orders by the authority's management (Art. 36 EGStPO) must occur within ten days.

2. The approval is to be included in the case file.

3. The dismissal, non-pursuance, and suspension orders, as well as the penal orders, may only be issued once approval has been granted.

1. The Attorney General issues recommendations for sentencing in mass offenses (such as traffic violations, narcotics, immigration law, internet pornography, etc.) to ensure uniform crime prosecution (Art. 6 para. 1 EGStPO).

2. In doing so, he follows the sentencing recommendations of national institutions, namely the Swiss Conference of Prosecutors (SSK) or the Conference of Cantonal Justice and Police Directors (KKJPD).

3. The Attorney General may establish general prosecution priorities.

1. The public prosecutor's office may inform authorities that require access to criminal files to fulfill their statutory supervisory obligations about the right to access files under Article 101, Paragraph 2 of the Code of Criminal Procedure (StPO).

2. The decision regarding the access to files (Art. 102 and 108 StPO) or regarding the communication to another authority (Art. 75 StPO and Section 22, Paragraph 3 of the Act concerning Public Information, Data Protection, and Archiving; GIDA) is usually issued in the form of a decision subject to appeal (Art. 80 and 393 StPO).

1. The orientation of the public, subject to the confidentiality obligation of Art. 73 of the Code of Criminal Procedure (StPO), is governed by Art. 74 StPO and additionally by the cantonal implementing legislation. The same principles apply to the orientation of parts of the public or certain third parties.

2. The orientation is generally conducted through public court hearings and public pronouncement of judgments. If the public interest requires it in special cases, an announcement may be made to the media.

3. Responsibility for public orientation lies solely with the Attorney General. He may delegate this task to a Senior Public Prosecutor or the public prosecutor in charge of the proceedings.

4. If a case is referred to the criminal court or is pending before the appellate instance or the coercive measures court, the authority to provide information transfers to the court.

5. If it becomes necessary to inform about the referral of a case to the court (Art. 327 StPO), the public prosecutor's office is generally responsible for this. It also transmits the media release to the court involved.

6. The Attorney General issues detailed guidelines on the orientation of the public.

1. The offices of the Public Prosecutor archive the files of completed criminal proceedings as well as administrative records that are useful for the history of the Public Prosecutor's Office and are no longer needed permanently by it.

2. The regulatory provisions of the Cantonal Court regarding the archiving of cases referred to the courts remain reserved.

3. The data recorded on electronic storage media is governed by the Act on Public Information, Data Protection, and Archiving of October 9, 2008.

4. The head of the office assigns the archiving of completed files to the administrative staff. The prosecutor responsible for the file oversees the archiving.

5. The Attorney General

a) controls the application of the regulations on archiving;

b) issues the necessary instructions and measures for the execution of the archiving regulations;

c)* consults, as necessary, the state archive of the Canton of Valais as a specialized body.

1. In principle, the files are kept at least until the expiration of the period of limitation for prosecution and enforcement (Art. 103 para. 1 CrimPC).

a) * ...

b) * ...

c) * ...

2. The following criminal files must be stored in the prosecutor's archives for 20 years from the final conclusion of the proceedings

a) * files from proceedings that were concluded with non-prosecution, dismissal, or penal order and were not returned to the parties (Art. 103 para. 2 CrimPC);

b) * files from proceedings that were concluded with independent subsequent decisions (Art. 363 para. 2 CrimPC);

c) * files created in proceedings for delimitation of jurisdiction and establishment of venue, as well as in mutual legal assistance proceedings.

3. If the files are deemed worthy of archiving, those criminal proceedings that have historical or scientific value are to be archived for 30 years. Files concerning murders as well as all proceedings with a limitation period of 30 years are considered to have such value.

4. Non-prescribable proceedings have their own archival treatment. They have an unlimited retention period to allow for resumption at any time.

5. Administrative files important to the history and development of the public prosecutor's office are archived when they are deemed worthy of archiving.

1. Upon expiration of the retention period according to Article 26 of the present regulations, those records that do not need to be transferred to the State Archives are to be destroyed.

2. Except for cases resolved by penal order, archival-worthy cases are to be transferred to the State Archives after a retention period of 30 years (Art. 42 GIDA).

3. Cases that have been resolved by penal order are to be destroyed after a retention period of 20 years for standard cases and after 30 years for archival-worthy cases.

4. The destruction of all procedural records is subject to approval by the State Archives of Wallis.

5. For historical reasons, a selection of procedural records is transferred to the State Archives of Wallis after the retention period, according to Article 26 of the present regulations. This selection includes the first 5 procedural records from each month from each office, regardless of the type of procedure. The cases transmitted to the courts are not included in this selection.

1. For the inspection of files in ongoing proceedings, the provisions of the Code of Criminal Procedure apply.

2. For the inspection of archived files, the provisions of Article 369 of the Criminal Code and Article 103 of the Code of Criminal Procedure, as well as the Act on Public Information, Data Protection, and Archiving of October 9, 2008, apply.

1. This regulation shall enter into force on January 3, 2011.