Regulation of the Directorate of Justice and Home Affairs on the Organization and Activities of the Examination Commission for Public Prosecutions

The Examination Committee is responsible for all tasks that have not been assigned to the Presidium or a sub-committee.

1 For the administration of examinations and the evaluation of sub-

candidacies, sub-committees are formed from among the members or substitute members of the examination

commission, each consisting of a chairperson, a rapporteur, and a co-rapporteur.

2 The chair is held in each case by the President of the examination

commission or by a member of the public prosecutor's offices.

1 The President has, in particular, the following tasks

a. Designation of contact persons for female and male candidates,

b. Formation of sub-commissions for the aptitude examinations and

candidatures,

c. Fixing of examination dates,

d. Chairing of commission meetings,

e. Representation of the commission and the sub-commissions before

the Chief Public Prosecutor's Office and third parties,

f. Approval of the accounts of the commission members,

g. Resource planning and accounting for the attention of the Chief Public Prosecutor's Office,

h. Preparation of the activity report for the attention of the Directorate of Justice and Home Affairs.

2 The President designates a permanent deputy from among the ordinary members. He or she may delegate individual competencies to members of the sub-commissions.

1 The decisions of the Examination Committee are made with collegial competence, unless presidential competence or the competence of a sub-committee is given.

2 Examination decisions and candidate evaluations are made after secret deliberation through open voting. Members are obliged to cast their votes.

3 In the event of unanimity, decisions can be made by circular resolution.

Administration

The Senior Public Prosecutor's Office manages the secretariat of the Examination Commission and provides it with the necessary infrastructure and required premises. The Commission prepares a budget and submits an account to the Senior Public Prosecutor's Office for the attention of the Directorate.

Registration

II. Admission Procedure

1 With the application for the bar examination or the candidacy, the Public Prosecutor's Office must be submitted

a. a certificate of completion of a legal study program within the meaning of § 81 para. 2 GVG3,

b. evaluations, certificates, and references to prove successful professional activity,

c. a certificate of capacity to act from the municipality of residence,

d. a short curriculum vitae.

2 With the application, the Public Prosecutor's Office must be expressly authorized to obtain reference information, personal files, and to conduct an assessment of personal suitability and social competence. This includes querying federal and cantonal registers.5

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Regulation – Examination Commission for the Public Prosecutor's Offices 213.231

1 The Chief Public Prosecutor's Office decides on admission to the

aptitude test and to candidacy, as well as on partial or full exemption,

based on the information submitted and obtained in accordance with

§ 6.

2 A partial or full exemption may be granted, in particular, if the

applicant has worked successfully for several years in criminal prosecu-

tion or criminal justice in another canton or at the federal level.

3 The Chief Public Prosecutor's Office reports to the Commission,

enclosing the application documents, the persons admitted by it.

1 The President sets the procedural fees and

**fees and invoices accordingly.**

**Allocation**

**2 Upon receipt of payment, he or she allocates the matter to a**

**sub-commission or a mentor for the candidacy.**

**3 The applicant will be informed about the examination**

**dates or the start of the candidacy. For the aptitude**

**test, a factsheet on the examination program**

**and the permitted or available aids will also be provided.**

Revocation of Admission

If, after admission to the examination or candidacy, the requirements for it cease to exist or other facts become known that fundamentally call into question the trustworthiness of the applicant, the Examination Commission may revoke the admission.

III. Aptitude Test

1 The aptitude test shall demonstrate that the applicant possesses the professional, linguistic, and personal knowledge and skills required for the practice of the profession.

2 In professional terms, the test covers the following areas

Criminal Law (StGB and ancillary decrees);

Criminal Procedure Law, in particular

Conduct of investigations,

Prosecution before the first instance,

Appeals;

Authorities organization in the Federation and the Canton of Zurich;

Constitutional Law, in particular fundamental rights;

Law of the Legal Profession;

Police Law.

1 All three parts of the aptitude test shall each be administered by the same sub-committee. For this purpose, the sub-committee shall keep a brief record.

2 The individual partial examinations shall be declared as "passed" or "not passed" by the examination board. No grades or qualifications shall be awarded.

3 In the decision regarding passing or failing, the members of the sub-committee shall have equal voting rights.

The following criteria are particularly decisive for the assessment of all partial examinations

* well-founded specialized knowledge,

* solution-oriented, goal-directed work,

* the defensibility of the work results,

* criminalistic thinking,

* personal and social competence, especially communication skills and confident demeanor,

* decision-making ability under time and results pressure,

* correct handling of the parties,

* clarity of expression in word and writing.

1 In the written examination, one or more legal cases with questions from the areas specified in § 10 are to be worked on. Statutory texts and literature will be provided as required.

2 The examination will be taken as a closed-book examination (Klausur). It generally lasts no more than three hours.

The oral examination immediately follows the written examination. It usually does not last longer than one hour. It can be recorded on audio and video carriers.

Within three months of passing the written and oral examinations, the practical examination must be taken. It lasts a maximum of eight hours and consists of processing several case files. In doing so, investigative actions arising from the respective factual and legal situation in these files must be carried out and decisions drafted.

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Regulation – Examination Commission for Public Prosecutor's Offices 213.231

If the Sub-Commission declares all partial examinations to have been passed, it shall submit a brief report to the Public Prosecutor's Office with a request for the issuance of the certificate of eligibility.

If an applicant fails a part of an examination repetition, they may retake it within three months of receiving knowledge of the partial result. An additional examination fee will be charged for this. If this second examination also proves unsatisfactory, the Subcommission will request the Public Prosecutor's Office to deny the certificate of eligibility.

1 If an applicant is unable to take a part of the examination due to force majeure, he or she must submit a written request to the President for a make-up examination immediately after the impediment has ceased. The request must be accompanied by documents substantiating the impediment.

2 If there is no relevant reason for impediment, the examination part is deemed to have been failed. Otherwise, the President shall determine the date and modalities for the make-up examination.

If an applicant uses unauthorized aids during the examination, the corresponding part of the examination is considered to have been failed and cannot be repeated.

1 Rejected applicants may reapply for a new eligibility examination no earlier than three years after the legally binding refusal to issue the certificate of eligibility, repeating the application and admission procedure. They must pass the entire examination.

2 The waiting period also applies if the application is withdrawn after the commencement of the examinations.

IV. Candidacy

General

The provisions concerning the aim, content, and assessment criteria for the aptitude test apply by analogy to the candidacy.

The candidate presents to their assigned supervisor, upon the supervisor's instruction, intake protocols, work protocols, orders concerning coercive measures, applications for detention, discontinuance orders, penal orders, indictments, and suggestions for appeal drafted by the candidate, to the extent that they had the opportunity to carry out such investigative actions.

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213.231

Regulations – Examination Commission for Public Prosecutor's Offices

Duties of the

Supervisor

Place of Assignment

Further Training

Part-time

Assessment and

Recommendation

Competence

Members

outside the

Public Prosecutor's

Offices

1 The accompanying person participates in selected examination

procedures of the candidate. They conduct quarterly discussions with

the candidate's supervisors to incorporate their assessment.

2 The accompanying person may involve further members of the subcommittee.

The Senior Public Prosecutor's Office shall give the candidate assigned to a special public prosecutor's office the opportunity to work for at least three months at a general public prosecutor's office.

The continuing education to be completed by the candidate depends on the respective area of deployment and is determined by the Commission in agreement with the Senior Public Prosecutor's Office.

In the case of a part-time appointment, the Public Prosecutor General's Office determines the effective duration of the candidacy.

1 The accompanying person shall keep a brief record of the progress of the candidature and shall periodically submit their assessment to the sub-commission. The sub-commission may hear the candidate.

2 If the sub-commission declares the candidature successful, it shall submit a brief report to the Public Prosecutor's Office, recommending the issuance of the certificate of eligibility.

3 If the sub-commission considers the duration of the candidature too short to make a conclusive assessment, it shall apply to the Public Prosecutor's Office for an extension of no more than six months.

V. Issuance of the Certificate of Competence

The Chief Public Prosecutor's Office issues the certificate of competence upon application by the Examination Commission.

VI. Remunerations

6 Members and Substitute Members of the Examination Committee,

who are not members of a public prosecutor's office, will be compensated for their

activity at the expense of the Public Prosecutor General's Office according to

6. Members and Substitute Members of the Examination Commission, Prosecutors

Members and substitute members of the Examination Commission who are prosecutors shall receive a flat fee of CHF 4000 per year as compensation for their activities, particularly for accompanying and assessing candidates.

The President shall be remunerated with a lump sum of CHF 8,000 per year for the performance of presidential duties, insofar as these are not delegated to other Commission members, and for the preparation of examinations.

VII. Final Provisions

Entry into Force

1 OS 61, 50.

2 LS 177.111.

3 LS 211.1.

4 LS 213.23.

5 Version in accordance with ordinance of 19 July 2013 (OS 68, 310; AB1 2013-08-02). In force

since 1 October 2013.

6 Version in accordance with ordinance of 26 November 2020 (OS 76, 29; ABI 2020-12-04). In

force since 1 March 2021.

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Abs. 2 VVO² indemnified. For this purpose, they prepare their statements of account

for submission to the President.

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Regulations – Examination Commission for Public Prosecutions

213.231