7th Chapter: Jurisdiction
Article 61 jurisdiction
started the procedure: a.
to the setting or indictment: the prosecutor;
b. in violation of criminal proceedings: the violation of penal authority;
c. in court proceedings in collegiate bodies: the President or the President of the court;
d. in court procedures for individual courts: the judge or the judge.
Article 62 General duties
1 The procedure takes the lead arrangements to ensure a lawful and orderly conduct of proceedings.
2 come in before a collegiate court to her all the powers which are not subject to the court.
Article 63 hearing police measures
1 The process management ensures security, peace and order during the negotiations.
2 people can disturb the course of business or violate decency rules, warn. In case of recurrence, they can cut you off, they have from the courtroom and set if necessary, until the end of the hearing in police custody can
. You can clear the courtroom.
3, the support of most places in the procedural act require local police.
4 is excluded, a party, the procedures for action will nevertheless continue.
Article 64 Disciplinary measures
1 The procedure can lead people who disrupt the course of business that violate the decency or disregard procedural orders issued, with fines of up to order
punish to 1000 francs.
2nd order buses prosecutors and courts of first instance may be appealed within 10 days at the appeal stage. This decision
final.
Article 65 disputable key procedural orders issued by the courts
an arrangement of the courts can be appealed only with the final award.
2 Has made the process management of a collegiate court before the trial procedural orders issued, it may amend or repeal the court ex officio or upon request, or.
The 7th Chapter shall, under the title, the responsibility for the operational management institutions and competent criminal their powers.
Article 61:
lit. A: Until the indictment, the prosecutor directs the proceedings. Which is under the direction of the prosecution pre-trial consists of the so-called police investigation (Article 306 et seq) and the actual examination procedure (Article 308 et seq.) The examination procedure begins with the opening of the disposal of the public prosecutor (Article 309 § 3). Article 61 lit. a confirmation of the principle (which in many areas of significant impact on the activities of the Judicial Police have) is that the public prosecutor belongs also the process is transmitted over the police investigation. Article 307 provides for the interfaces of the police investigation and the criminal lawsuit.
lit. c: In the court proceedings in collegial courts is the President of the procedure line. Apart from the actual session chair at the trial of Chief Justice is responsible for preparing the trial. The relevant functions and powers of the chief justice to go forth primarily under Articles 329 et seq. This purpose in accordance with Article 332 includes the power to conduct preliminary negotiations concerning organizational issues, or settlement negotiations. According to article 332 paragraph 3 can carry out the president and prior inquiry (if the evidence expected from the trial will not be possible: for example, the examination of a witness or the dying of appearances in acute danger of collapsing buildings). It can thus also a delegation of the court or entrusted in urgent cases, the public prosecutor.
Article 62: According to paragraph 2
president to come to the court all the powers which are not reserved for the collegiate court. The CHStPO calls this exclusively reserved for the collegiate court, decisions nowhere explicitly. Clearly, it is likely long as these mainly involve the verfahrensabschliessenden decisions (conviction, acquittal, setting). According to article 339, the collegiate court after the trial has begun and all necessary to make preliminary and interim decisions. However, these can also be made by the President in that it in time before the start of the trial are adopted and do not complete the process.
Article 63: As part of the so-called session
police measures, the process management of a party, even to the accused, the word withdraw or exclude from the trial (paragraph 2). The hearing will be continued without the excluded party (paragraph 4). By this means can result in a limitation of the right to a fair hearing of the parties (Art. 107 and 108). Here, the aspect of proportionality should be respected. The exclusion of the accused by the Trial should be ordered only with the utmost restraint. The right to be heard should be taken in this case by appropriate compensation measures into account.
Article 64: Article 64 provides
as possible disciplinary action or simply order before buses (not as in the past few cantonal procedural codes or imprisonment).
Article 65:
procedural orders issued by the Chief Justice may collegiate court during the trial upon request or ex officio be amended (paragraph 2). Procedural orders issued the collegiate court (pre-or intermediate decisions) are only with the final verdict appealed (Section 1, see also Article 393 para 1 lit. b). The same goes for conducting procedural decisions of the Court Presidents, will be presented during the trial not taken into reconsideration. In contrast, procedural decisions of the senior public prosecutor and the criminal offense authorities are challenged by appeal (Article 393 para 1 lit. A).
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