Article 49 Principles
1 The prosecutors and the courts of the federal and cantonal authorities may require the punishment of other cantons or the federal government to carry out procedural actions. The requested authority shall examine the admissibility and not the adequacy of the required procedural steps.
2 For the handling of complaints against legal assistance measures, the authorities of the requesting cantonal or federal control. The authorities of requested canton or federal law, only the execution of the assistance measure
be challenged.
Article 50 Application for compulsory measures
1 requesting authority requires detention with a written presentation command
2 The requested authority shall, arrested people if possible within 24 hours.
3 Applications for other coercive measures are justified shortly. In urgent cases, the justification will be submitted later.
Article 51 Right to attend
1 The parties, their counsel and the requesting authority may attend the required procedural steps, if this law so provides. 2 Is
can attend, so there the authority, the requested authority, the parties and their counsel and where the method of action known.
Article 52 1 The principles
prosecutors, criminal offense and judicial authorities of the cantons and the federal government are entitled to all procedural acts for the purposes of this Act directly to order in another District and perform.
2 The prosecutor of the canton in which the procedure manual development to be carried out will be notified in advance. In urgent cases, a subsequent notification is possible. The request for information and requests for the handover of files
no notification is necessary.
3 The cost of the procedural steps and the resulting compensation obligations with the organizing federation or province, and he can charge in accordance with the Article 426 and 427 the parties.
Article 53 recourse to the police
Requires the requesting authority to provide a procedural measure to support the police, it shall make an appropriate request to the prosecutor of the canton requested, which shall issue the necessary orders to local police.
Articles 49 - 51, the process of the law governing the alternative, perform procedural actions requested by the District of (federal) on its territory at the request of the materially competent cantonal (Federation). Articles 52 and 53 contrast the Confederation and the cantons also the alternative possibility, the procedural steps to make foreign territory itself, if necessary with support from the local police. Court or the District of (federal) will remain free to choose which option he wants. The requested legal assistance from the canton (Federation) has to grant the Rechtsilfe and can not reject them around on the ground that the requested canton (Federation) can act to make the process even.
According to article 49, paragraph 1, the District requested (federal government) not to establish the legitimacy or appropriateness of the legal aid act (see BGE 119 IV 90). Consequently, determined about Article 49 paragraph 2 also that handles complaints against the applicant by the District of (federal) with these measures is the appeal body. The Appeal Board of the requested canton (Federation) has assessed only complaints against the way the execution of mutual legal assistance act (eg if the concrete procedures of the emergency action by leading police alleging).
Article 50 governs the legal assistance during arrests and other coercive measures. The legal assistance as enforcement of arrest warrants is now governed by Article 357 of the Criminal Code and Article 21 of the Concordat. According to Article 357 para 4 of the Criminal Code, the arrested person before the supply to the requesting to listen to Canton by the competent authority for the record. Article 21 of the Concordat specifies that this hearing must take place within 24 hours and the arrested person in summary, the reasons for the arrest and it was accused of criminal offenses must be reported. In contrast, now are in accordance with Article 50 para 2 of the CHStPO injections as possible within 24 hours to make. This short period is made in regard to Article 219 para 4 Under this provision, the police arrested the provisional within 24 hours be brought before the competent prosecutor. This has to question the Fesgenommenen according to Article 224 paragraph 1 immediately. In the case of a supply within 24 hours is unnecessary interview by the authorities of the requested Canton.
start under current law the detention period (the time limit for detention opening by the prosecutor and for the application to the magistrate and the period of detention judge within which he has to decide on remand) to run practice provided only after the injection of the relevant canton. This is likely the entry into force of CHStPO no longer be the case. Article 50 paragraph 2 i.Vb.m. Article 224 paragraph 1 and 2 suggest that also apply in the case of inter-cantonal supply the same period. This makes the light of the geographical narrowness of Switzerland and the fact that the whole of Switzerland with the entry into force of CHStPO same liability regime applies to meaning.
Article 51 governs the participation of law of the requesting authority and the parties. This has primarily well-defense rights of the accused in mind.
According to article 52 is not for the conduct of proceedings in another canton acts contrary to Article 359 para 1 of the Criminal Code requires the consent of the canton (so it actually looks even before the force today Concordat by Article 3 only the notification required). No notification is in accordance with Article 52 paragraph 2 on orders Edition required. According to paragraph 3, the costs (in particular also with respect to such allf. Compensation claims), consequently, by the performing and to take court or Canton.
The arrangement and perform procedural acts in another canton is in accordance with the terms of Article 52 paragraph 1, also the offense criminal authorities allowed. This, however, are not authorized to make the request to perform procedural actions in other cantons (this is in accordance with Article 49 paragraph 1 to the prosecutors and courts reserved). ME is this is a legislative oversight. If can be created even for the law enforcement authorities in violation of their own stuff, they should, consequently, all the powers of law enforcement in infringement cases have. In addition, there is no reason why the offense criminal authorities District can not apply for another, even what they themselves could perform in this canton.
According to article 53 are requesting Untersützung be addressed by the police of another canton to the prosecutor of the canton. Law enforcement authorities is therefore denied, give the police forces of other cantons to direct orders.
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