Ordinance on the Certificate of Eligibility for Public Prosecutors

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5 ¹ The requirement of several years of professional practice in the profession

within the meaning of Art. 98 para. 1 lit. b GOG³ is fulfilled by anyone who provides proof of the following

a. professional practice in advocacy or the administration of justice for at least

two years and

b. the handling of questions of criminal law and criminal procedure

law.

2 Recognized for this purpose are activities as a

a. judge,

b. lawyer,

c. legal assistant of a court or a law enforcement authority,

d. auditor of a court or a law enforcement

authority, for a total period of no more than six months.

3 The duration of the candidacy pursuant to Art. 98 para. 1 lit. c GOG³ shall be credited towards

the required minimum duration of professional practice.

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¹ The Chief Public Prosecutor's Office, upon application by the management of a Public Prosecutor's Office, permits Assistant Public Prosecutors who have been working at that Public Prosecutor's Office for at least six months and wish to obtain the certificate of eligibility for Public Prosecutors, to undertake a candidacy at a Public Prosecutor's Office.⁵

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2 The Examination Commission designates one of its members as a mentor and contact person for the candidate. This member, together with the line managers, periodically assesses the candidate's performance. For this purpose, it may also involve other members of the Examination Commission.

3 The candidate must complete the continuing education specified in the Examination Commission's regulations.

4 After the completion of the candidacy year, the mentor reports to the Examination Commission on its progress and results. The Examination Commission then submits a written overall assessment of the candidate's abilities to the Chief Public Prosecutor's Office and makes a recommendation regarding the issuance of the certificate of eligibility.

1 Applicants who have not completed a traineeship at a Public Prosecutor's Office shall undergo a qualifying examination.

2 The qualifying examination consists of a written, an oral, and a practical part. It is passed if the applicant has passed each part of the examination. Each part of the examination may be repeated once.

3 Based on the examination result, the examination commission shall submit a request to the Chief Public Prosecutor's Office for the issuance of the certificate of eligibility.

Qualifying

examination

Procedure

Fees

B. Issuance of the Certificate of Eligibility

5 1 The application for a certificate of eligibility

must be submitted in writing to the Public Prosecutor's Office, together

with simultaneous consent for necessary clarifications regarding the applicant's reputation

and suitability.

2 To prove the completion of studies and several years of

successful professional activity, the applicant must submit

the documents specified in the Regulations on the Examination Commission.

5 1 The fee within the meaning of § 99 GOG³ must be advanced by the

applicants and is payable regardless of the outcome of the proceedings.

2 In the event of withdrawal of applications for the issuance of the certificate

of aptitude, as well as in the event of full or partial remission of the candidature

or the aptitude examination, the fee may be appropriately reduced.

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5 The Chief Public Prosecutor's Office can re-issue a certificate of eligibility for election that has been revoked if the conditions are met again. It can order a supplementary examination, to be defined in terms of type and scope, upon application by the Examination Commission.

1 Appeals against decisions of the Public Prosecutor’s Office in connection with the issuance of an eligibility certificate may be lodged with the Directorate of Justice and Home Affairs.

2 The provisions of the Administrative Justice Act2 apply to the procedure.

C. Examination Commission

5 Composition of the Examination Board

1 The Examination Board consists of at least five members and the required number of substitute members. For the administration of parts of the aptitude test, it is generally staffed with three members and is quorate with the same number of members.

2 The Directorate designates the President of the Board. For the rest, the Board constitutes itself.

The Directorate of Justice and Home Affairs issues a regulation concerning the

activity of the Examination Commission. This regulation specifies, in particular

a. the documents to be submitted with the application for the certificate of qualification,

b. the registration and admission procedure for candidacy and the qualification examination,

c. the course of the candidacy, including the type and number of official and investigative acts to be assessed and the continuing education to be completed,

d. the content and procedure of the written, oral, and practical parts of the qualification examination, as well as the modalities for retaking failed examinations,

e. the criteria for assessing the examinations,

f. the conditions for full or partial exemption from candidacy or examination,

g. the remuneration of the members of the Examination Commission.

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Certificate of Eligibility for Public Prosecutors – V

D. Application as a Public Prosecutor

Submission of the

Certificate of Eligibility

5 Whoever applies for the position of an ordinary, extraordinary, or

deputy public prosecutor, whether female or male, shall

submit the certificate of eligibility for election unsolicited to the authority responsible for

conducting the election or for the appointment.

Cases of directly consecutive re-election are exempt.

Transitional

Provision

a. Certificate of Eligibility for Election4

b. Certificate of Eligibillity

E. Final Provisions

1 The Chief Public Prosecutor's Office shall issue a certificate of eligibility, free of charge, to persons elected or appointed as public prosecutor at the time of the entry into force of this Ordinance. Provisions regarding its withdrawal remain reserved.

2 For one year after the entry into force of this Ordinance, the Chief Public Prosecutor's Office may also issue a certificate of eligibility to persons who can demonstrate several years of successful professional activity in a comparable alternative manner within the meaning of §§ 2 and 3. For this purpose, it may obtain an assessment from the examination commission.

4 1 Anyone who does not possess a certificate of eligibility for election may,

with regard to an election as public prosecutor at the Senior Public Prosecutor's Office,

obtain a certificate of eligibility in accordance with

Entry into force

Transitional Provisions for the Amendment of 3 November 2010

(Official Gazette 65, 775)

1 The Public Prosecutor General shall issue a certificate of eligibility to persons who, at the time

of the entry into force of the amendment to the Ordinance, possess a certificate of eligibility

within the meaning of § 13a of this Ordinance, free of charge, if they

a. have been elected or appointed as public prosecutor, or

b. have successfully completed the candidacy according to § 4 or the aptitude test according to § 5

of this Ordinance.

2 The provisions regarding the withdrawal of the certificate of eligibility

remain reserved.

1 Official Gazette 60, 253; for reasons, see Official Journal 2005, 829.

2 Cantonal Law Collection 175.2.

3 Cantonal Law Collection 211.1.

4 Inserted by Resolution of the Cantonal Council of 12 November 2008 (Official Gazette 63, 607; Official Journal 2008, 2034).

In force since 1 January 2009.

5 Version according to Resolution of the Cantonal Council of 3 November 2010 (Official Gazette 65, 775; Official Journal 2010, 2429). In

force since 1 January 2011.

6 Repealed by Resolution of the Cantonal Council of 3 November 2010 (Official Gazette 65, 775; Official Journal 2010, 2429).

In force since 1 January 2011.

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Abstract

Abs. 2 GVG beantragen.

2 The Chief Public Prosecutor's Office issues the certificate to persons who

a. have a university degree within the meaning of § 81 Abs. 2 GVG and

b. can demonstrate several years of successful professional experience within the meaning of § 2 Abs. 1 lit. a, Abs. 2 lit. a–c and Abs. 3, as well as § 3 Abs. 1 lit. a.

3 Eligibility certificates are valid for one year, at most until the end of December 2010.

4 A fee of CHF 50 to 200 will be charged for the certificate. §§ 6 Abs. 1 and 2 and 9 apply mutatis mutandis to the procedure.

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