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CHStPO: Comment to Article 17

violation of Article 17 law enforcement agencies
a Confederation and the cantons, the prosecution and assessment of administrative violations transmitted.
two offenses that are related to a crime or offense had been committed to be together with that pursued by the prosecutor and the courts and judges.

Article 17 gives the cantons of the opportunity for the prosecution and adjudication of violations (which are not related to crimes or offenses prosecuted and judged) to create special authorities. This can also be administrative authorities (eg government governor, magistrate, etc.). The violation criminal authorities such as the prosecutor and the criminal courts in applying the law irrespective (Article 4 paragraph 1). The criminal offense is regulated in Article 357th This provision refers back to the penal procedure. According to Article 127 paragraph 5, the cantons provide for criminal offense that the defense of the accused may also be exercised by persons -

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The CHStPO elsewhere contains specific provisions which relate to the prosecution and adjudication of violations which, according to Attorney Act (BGFA) is not approved for party representation.

- Article 217 para 3, the provisional arrest allows for violators only under restricted conditions (for unknown personal details, lack of Residence in Switzerland or if the arrest is necessary to deter the suspect from committing further violations). In the case of the missing resident in Switzerland for the provisional arrest is only permissible if the suspect does not immediately make a deposit for the expected fine. In any case, the only suspect is a violation within 24 hours to release again because the order of detention for violators out of the question (Article 219 i.Vb.m. Article 221).

- According to Article 381 para 3, the legitimacy of authorities on the taking of appeals in derogation from the procedure laid down concerning crimes and misdemeanors be.

- According Art. 395th a view does the President (Art. 61 lit. c) the appeal (if the cantons provide for appeal body collegiate courts) appeals in criminal violation of a single judge. According to article 19 paragraph 2, lit. may provide a Cantonese for violators as well as individual judges judging instance.

- Article 398 paragraph 4 limits the grounds for appeal in a criminal offense. The complaint may be only a sentence fraught with errors of law and is manifestly incorrect or based on fact-finding violations. New allegations and evidence can not be advanced. According to article 406 para 1 lit. c can the cantons in violation of criminal appeals provide a written procedure.

Apart from these variations, the transgression of law enforcement agencies (such as next to the prosecutor and the courts and the police) assumes basically no restrictions on CHStPO. All these methods differing provisions for violators seek obviously seeking to facilitate greater efficiency in these processes. It should not be overlooked that it is the criminal offense by far the most common criminal. The cantons that make use of different rules for Übertetungsstrafverfahren do, must therefore be aware that these "exceptions" (from the normal procedure) numerically represent the norm.