National Legal Assistance
Article 43 Scope and concept
1 The provisions of this chapter governing the legal assistance in criminal matters by federal authorities and the cantons in favor of prosecutors, transgression criminal authorities and courts of the Federation and the cantons.
2 For the police to the extent that they are acting under instructions of the prosecutor, violation of penal authorities and courts.
3 The direct legal assistance between police authorities of the federal government and cantonal level, by itself is permitted if it does not have compulsory measures for the subject, can only decide on what the prosecutor or the court.
4 applies as a legal aid any measure which is requested by an agency under its jurisdiction in a pending criminal proceedings.
Article 44 obligation to assist
The authorities of the Federation and the cantons are obliged to provide legal assistance when crimes under federal law in this application Act will be pursued and evaluated.
support Article 45 1 The cantons set the criminal authorities of the Federation and the other cantons where necessary and possible areas for their duties and for the accommodation of Untersuchungsge-collected for disposal.
2 The cantons shall, on application of the criminal authorities of the Federal the necessary measures to ensure the safety of the official activities of these authorities to ensure.
Article 46 Direct commerce
1 The authorities shall communicate directly with each other.
2 requests for legal assistance can be provided in the language of the requesting or the requested authority.
3 When there is doubt about which authority is competent, the applicant authority addresses to the request to the chief prosecutor of the canton or the federal government requested. This conveys it to the appropriate authority.
Article 47 1 The cost
legal aid is provided free of charge.
2 The federal government pays the cantons, it causes to support costs for the purposes of Article 45th
3 Any costs to be reported to the requesting District or federal government, so they paid the parties may be imposed.
4 Compensation obligations of mutual assistance measures with the applicant or the Federal District.
Article 48 conflicts
1 About the conflict Mutual legal assistance between authorities in the same canton decides the final appeal body of the canton. 2 About
conflicts between the federal and cantonal authorities and between authorities of different cantons, the Federal Criminal Court.
After 3 Chapter of the 2nd Title, which deals with the territorial jurisdiction governs, now the 4th Chapter, the national legal aid. So it is here to process transactions which in other cantons (or by the State) are to be made, without which they have jurisdiction. The national legal aid is now in Articles 356 - 361 of the Penal Code regulated and 252 f. BSTP. In addition, there is a concordat of 5 November 1992 Legal Aid and the inter-cantonal cooperation in criminal matters. These provisions are largely adopted without substantial changes in content. The legislature waived the adoption of the Penal Code also contained provisions on mutual assistance in the field of police. These should be integrated into a separate act of the federal police (see message BBl. 2006, p. 1144).
The rules for the national legal aid based on the principle of mutual obligation to provide free legal assistance of the federal government and the cantons. In addition, to perform the law enforcement authorities of Canton procedural steps in any other District. Neither this purpose requires a license from the canton in which the actions be made. Still, this has to examine the legality of a material point (so explicitly BGE 119 IV 90 ). This applies both to the case of performing legal assistance as requested by the District and in the case of direct execution of procedural action by the competent District in another canton.
made special mention of this principle especially against the background that both the criminal law as well as the criminal law matters covered cantonal, meaning. After his standardized in future not only of the substantive criminal law but also the criminal law, the above-mentioned principle is really a matter of course. However change the uniform Code of Criminal Procedure not alter the fact that the cantons generally perceive law enforcement in their own territory and sovereign. Based on the given under Article 14 of the cantons Organistaionsfreiheit it should theoretically be possible to use several cantons joint law enforcement authorities. Article 191b paragraph 2 provides for this possibility explicitly against BV for judicial authorities. To administrative authorities (such as the Public Prosecutor) should be possible even without a basis in the Federal Constitution.
Articles 43-48 regulate the general principles of national legal aid.
Article 43: All law enforcement agencies (prosecutors, Violation of criminal authorities, courts) of the federal government and the cantons are of mutual legal assistance right and obligation. The direct legal assistance between police authorities, however, is only permissible when it is not about coercion.
Article 44: The obligation to provide legal assistance is only in the application of federal criminal law by CHStPO. Not included in it is therefore approximately the cantonal prosecution of criminal or administrative prosecution under criminal law.
Article 45: It reflects the principle in the present Article 28 and 29 BSTP.
Article 46: This provision posited direct commerce. This is already in accordance with Article 357 paragraph 1 of the Criminal Code and Article 15 prov. 1 of the Concordat.
Article 47: The legal assistance between the cantons to be generally free of charge. The cost of legal assistance may be imposed in case of conviction of the accused. The federal government has the cantons according to their support. to compensate Article 45th Section 4 incorporates the federal court jurisdiction: BGE 118 Ia 336 .
Article 48: This provision provides the dispute before them for decision by relevant authorities such as conflicts of jurisdiction (Article 40, except the jurisdiction of the upper or Attorney General).
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