Key Benefits:
On 20 March 2009 (State 1 Er January 2015)
This Act governs the prosecution and adjudication of offences under federal law committed by minors within the meaning of s. 3, para. 1, of the juvenile criminal law of 20 June 2003 (DPMin) 1 , as well as the enforcement of the sanctions imposed against them.
The prosecution and judgment of the offences and the enforcement of the sanctions are the exclusive competence of the cantons.
1 Except as provided for in this Law, the Code of Criminal Procedure of 5 October 2007 (CPP) 1 Is applicable.
2 The provisions of the PPC relating to:
3 Where the PPC applies, its provisions must be interpreted in the light of the principles set out in s. 4 of this Act.
1 The protection and education of the minor shall be decisive in the application of this Law. The age and level of development of the minor must be taken into account in an appropriate manner.
2 The criminal authorities shall respect the rights of the minor's personality at all stages of the proceedings and enable him to participate actively in the proceedings. Subject to specific procedural provisions, they shall personally hear it.
3 They ensure that the criminal procedure does not encroach more on the privacy of the minor and on the sphere of influence of his legal representatives.
4 Where this appears appropriate, the criminal authorities shall involve the legal representatives or the civil authority.
1 The investigating authority, the public prosecutor's office of minors or the court shall waive any criminal prosecution in the following cases:
2 In addition, s. 8, para. 2 to 4, CPP 2 Is applicable.
1 The following are criminal prosecution authorities:
2 The cantons designate as the investigating authority:
3 The juvenile judge is a member of the Juvenile Court. Moreover, the provisions concerning recusal (art. 9 of this Act and s. 56 to 60 PPC 1 ) Are reserved.
4 The juvenile prosecutor supports the prosecution in the juvenile court.
1 The following judicial authorities have judicial powers in the criminal proceedings of minors:
2 The Juvenile Court consists of a President and two assessors.
3 The cantons may confer the powers of the juvenile appeal authority to the court of appeal of the minors.
1 The cantons shall determine the procedure for the election of members of the juvenile criminal authorities, as well as the composition, organisation, supervision and competence of these authorities, unless these matters are dealt with exhaustively by the Act or other federal legislation.
2 They may establish criminal authorities for minors with inter-cantonal competence.
3 They may establish a first prosecutor for minors or a prosecutor general of minors.
1 The juvenile defendant capable of discernment and his legal representatives may request within ten days of the notification of the criminal order (art. 32) or indictment (art. 33) that the juvenile judge who conducted the inquiry does not participate in the proceedings before the Juvenile Court. They are not required to give reasons for their request for recusal.
2 They shall be informed of their right to challenge in the criminal order or in the indictment.
1 The prosecution of the offences falls under the authority of the place where the minor defendant has his habitual residence at the opening of the proceedings.
2 If the minor has no ordinary residence in Switzerland, he or she is competent:
3 Contraventions shall be continued at the place where they were committed. If there is evidence to suggest that protection measures should be ordered or amended, criminal proceedings shall be delegated to the authority of the place where the minor has his habitual residence.
4 The competent Swiss authority may deal with criminal proceedings at the request of the foreign authority under the following conditions:
5 The competent authority shall apply only Swiss law if the minor defendant is prosecuted under para. 4 or s. 4 to 7 CP.
6 Enforcement shall be given to the authority of the place where the judgment has been rendered, subject to the provisions of inter-cantonal conventions.
7 The Federal Criminal Court decides whether there is a conflict of jurisdiction between the cantons.
1 Procedures for major persons and minors are disjunct.
2 Exceptionally, the disjunction of proceedings may be waived if the proceedings were to make the appraisal substantially more difficult.
1 Legal representatives and the civil authority are obliged to participate in the proceedings if ordered by the juvenile criminal authority.
2 If the legal representatives do not execute, the investigating authority or the juvenile court may give them a warning, denounce them to the civil authority or impose a fine of at least 1000 francs. The fine of order may be appealed to the juvenile justice authority.
The minor may appeal to a person of trust at all stages of the proceedings, unless the interest of the instruction or a preponderant private interest is opposed.
1 The criminal proceedings are held in camera. The investigating authority and the courts may inform the public of the state of the proceedings in an appropriate form.
2 The Juvenile Court and the appellate court may order a public hearing under the following conditions:
1 In the interest of the minor accused, the right to consult information about his or her personal situation may be restricted to:
2 The defender and the public prosecutor's office for minors can consult the entire file. They are not permitted to disclose the content to the extent that the right to consult it has been restricted.
The investigating authority and the juvenile court may attempt to:
1 The investigating authority and the courts may, at any time, suspend the proceedings and entrust an organisation or person competent in the field of mediation to initiate a mediation procedure in the following cases:
2 If the mediation results in an agreement, the procedure is closed.
Have party status:
1 The minor is acting through his legal representatives.
2 If he is capable of discernment, he can exercise his party rights independently.
3 The authority may restrict the minor's right to participate in certain procedural acts according to his or her age, in order to preserve the development of his or her personality. This restriction does not apply to defence.
1 The complaining party may participate in the inquiry if the interest of the minor is not opposed.
2 It shall not participate in the proceedings, unless special circumstances so require.
Where the investigation is carried out by a juvenile judge, the cantonal law provides for a public prosecutor's office for minors. This one:
The juvenile defendant capable of discernment and his legal representatives may appoint a lawyer.
The minor must have an advocate in the following cases:
1 The competent authority shall designate an ex officio defender where the minor must have a defender and one of the following conditions is fulfilled:
2 The indemnification of the ex officio defender shall be governed by Art. 135 CPI 1 . Parents may be subject to the obligation to reimburse under Art. 135 al. 4, CPP as part of their maintenance obligation.
1 The investigating authority has jurisdiction to order:
2 The Court of Restraint Measures shall have jurisdiction to order or authorize other coercive measures.
3 When a judicial authority is seized, it is competent to order the coercive measures provided for by law.
1 RS 312.0
2 New content according to the c. 2 of the annex to the PMQ of Dec 13. 2013 on the prohibition of carrying on an activity, the prohibition of contact and the geographical prohibition, in force since 1 Er Jan 2015 ( RO 2014 2055 ; FF 2012 8151 ).
3 RS 311 .1
1 Provisional detention and detention on grounds of security are only granted on an exceptional basis and only if there is no alternative measure.
2 If it considers that the pre-trial detention must be extended beyond seven days, the investigating authority shall send a request to the court for coercive measures before the expiry of that period. The latter shall act without delay at the latest within 48 hours of receipt of the request. The procedure is governed by s. 225 and 226 CPP 1 .
3 The Court of Restraint Measures may extend pre-trial detention more than once, but for at most one month each time. The procedure is governed by s. 227 CPP.
4 The juvenile defendant capable of discernment and his legal representatives may at any time request the minor's release to the authority which has ordered his detention. The procedure is governed by s. 228 CPP.
5 The appeal against the decisions of the Court of Restraint Measures shall be governed by Art. 222 CPP.
1 Pre-trial detention and detention on grounds of security are carried out in an establishment reserved for minors or in a particular division of a house where minors are separated from adult prisoners. Appropriate support is provided.
2 The minor may, at his request, have an occupation if the procedure is not obstructed and the situation in the establishment or the stop house so permits.
3 The execution can be entrusted to private institutions.
1 The investigating authority directs the criminal prosecution and carries out all the procedural steps necessary to establish the truth.
2 At appraisal, she exercises the skills and performs the duties that the PPC 1 Award to the Public Prosecutor at this stage of the proceedings.
1 When examining the personal situation of the minor defendant, the investigating authority shall cooperate with all criminal and civil judicial authorities, administrative authorities, public and private institutions and persons engaged in The medical or social field; it requires the information it needs.
2 These authorities, institutions and persons are required to provide the requested information; professional secrecy is reserved.
1 The investigating authority closes the investigation with a criminal order if the judgement of the offence is not within the competence of the juvenile court.
2 She may interview the minor before making the criminal order.
3 It may decide in the Criminal Ordinance on civil claims which do not require any particular instruction.
4 The criminal order shall be notified:
5 May make a written objection to the criminal order within ten days:
6 In addition, the procedure is governed by s. 352 to 356 CPP 1 .
1 The competent authority shall bring the charge before the juvenile court if it considers that the facts and the personal circumstances of the juvenile defendant are sufficiently established and that no criminal order has been issued.
2 The indictment falls within the jurisdiction of:
3 The competent authority shall notify the indictment:
1 The Juvenile Court shall act in the first instance on the offences for which account shall be taken:
2 It shall rule on the offences selected in a criminal order which has been the subject of an opposition.
3 The cantons which have appointed juvenile prosecutors as the investigating authority may provide that the offences retained in a criminal order which has been the subject of a violation shall be tried by the President of the Juvenile Court.
4 If the Juvenile Court considers that the judgment of an offence falls within the competence of the investigating authority, it may either decide itself or refer the case to the investigating authority, which makes a criminal order.
5 When the Juvenile Court is seized, it is competent to order the coercive measures provided for by law.
6 It can rule on civil claims if they do not require special instruction.
1 The juvenile accused and his legal representatives are required to appear personally in proceedings before the juvenile court and the court of appeal of the minors, unless they have been exempted.
2 A minor, his or her legal representatives or a person of trust may be excluded from all or part of the proceedings when overriding public or private interests justify it.
The default procedure is only for the following conditions:
1 To the extent possible, the judgment shall be communicated and reasoned orally.
2 The court shall deliver the judgment to the parties and other participants in the proceedings at the end of the proceedings or shall notify the parties within five days.
3 The judgment shall be notified and reasoned in writing:
4 The court may waive written reasons for the following conditions:
5 The court will subsequently notify the parties of the reasoned judgment if one of them:
6 If the complaining party is the only one to lodge an appeal, the court shall justify the judgment only to the extent that it concerns the conduct punishable by the damage suffered by the complainant or the civil claims of the complainant.
1 Have standing to use:
2 The authority which upheld the charge before the Juvenile Court has standing to appeal.
3 In addition, s. 382, P 1 Is applicable.
1 The admissibility and grounds of appeal are governed by s. 393 CPP 1 .
2 Moreover, the action is admissible against:
3 The jurisdiction to rule on appeals rests with the appeal authority; in the case of an appeal against pre-trial detention or detention on grounds of security, it is the responsibility of the court for coercive measures.
1 The court of appeal of the minors decides on:
2 When the court of appeal of the minors is seized, it is competent to order the coercive measures provided for by law.
The Juvenile Court shall rule on requests for revision.
1 Enforcement of sentences and protective measures is the responsibility of the investigating authority.
2 It can be entrusted to public or private institutions or individuals.
May be subject to appeal:
1 The costs of the proceedings are borne in the first place by the canton in which the judgment was rendered.
2 In addition, s. 422 to 428 CPP 1 Are applicable by analogy.
3 If the conditions are met for the costs to be borne by the minor defendant (art. 426 CPP), its parents may be jointly and severally liable.
1 The following are deemed to be enforcement costs:
2 The canton in which the juvenile defendant has his domicile at the opening of the proceedings shall bear the costs of execution, except for the costs of the execution of the penalties.
3 The canton in which the judgment was rendered supports:
4 The cantons' contractual regulations on the distribution of costs are reserved.
5 Parents participate in the costs of protective measures and compliance with their maintenance obligations under civil law.
6 If the minor has a regular income from his work or from a fortune, he or she may be required to participate in a fair proportion of the costs of execution.
1 The proceedings pending and the implementing measures in progress at the entry into force of this Law shall continue in accordance with the new law, unless otherwise provided for in the following provisions.
2 Acts of procedure ordered or performed before the entry into force of this Law shall remain valid.
1 The proceedings pending and the implementing measures in progress at the entry into force of this Law shall continue before the competent authorities under the new law unless otherwise provided for in the following provisions.
2 Conflicts of jurisdiction between the authorities of the same canton are decided by the cantonal authority for the use of minors; those who oppose the authorities of different cantons are settled by the Federal Criminal Court. Such a pronouncer shall not be challenged separately by the remedy.
1 If the proceedings are pending before a juvenile court on the entry into force of this Law, the juvenile judge may participate in the proceedings only with the express consent of the minor.
2 If the proceedings are already in progress before a single judge or a collegiate court at the entry into force of this Law, they shall continue according to the former right before the competent court or court of first instance.
1 Where the default procedure has been opened before the entry into force of this Law, it shall be continued under the old law.
2 If the cantonal law does not have a default procedure, the new law shall apply.
1 A judgment given before the entry into force of this Law may be the subject of an appeal under the old right. The latter is examined under the former right by the competent authority under the latter's empire.
2 If the former right does not provide for a remedy, the decision may be appealed under the new right.
3 In addition, s. 453, para. 2, CPP 1 Is applicable.
Where the former right applies after the entry into force of this Law, the authorities shall take into account the principles of this Law; in particular, they shall ensure that the following procedural principles are observed:
1 The enforcement of protective measures which affect their termination at the entry into force of this Law may be completed by the competent authority under the former law. The Commission shall, however, consider in each case whether a delegation to the competent authority under this Act is appropriate.
2 Where an observation or provisional placement is in progress on the entry into force of this Law, the new right shall apply to enforcement.
(art. 46, para. 1)
The following federal statutes are amended as follows:
... 1
1 The mod. Can be viewed at RO 2010 1573
