1. Investigation & Prosecution in Switzerland
Michael Lauber Attorney General of Switzerland 12. September 2016

2. Content Civil law based jurisdiction & federal structure
Prosecutorial model
Separate Organisation: Prosecutor & criminal police
Prosecutors: Organisation & Tasks
Investigator: Organisation & Tasks
Three different stages of the investigation
Challenges in the cooperation

3. Civil law based jurisdiction & federal structure
Swiss Criminal Procedure Code, Swiss Criminal Code
Administrative codes including penal clauses
Regulators in different fields are totally separated from the traditional prosecutorial and criminal police work

4. Prosecutorial model
Prosecutor: leader of the criminal investigation and defending the accusation (no investigation judges)
Criminal police: execution mandated by the prosecutor, little room for police led investigations
Prosecutorial model for all criminal proceedings
Prosecutor: leader of the criminal investigation and defending the accusation (no investigative judges) / counterbalanced by a lot of rights for the suspected person (presumption of innocence, right to be heard and to participate in the taking of evidence, right to choose a lawyer or to ask for a mandatory defense lawyer, right to challenge any decision)
Criminal police: execution mandated by the prosecutor, little room for police led investigations
Examples: all coercial measures are ordered by the prosecutor, criminal police is allowed to do secret measures (observation, undercover enquiries) only for a quite short period of time independendly

5. Separate Organisation of the Prosecutor and the criminal police
Prosecutors do work in teams in their own structure, judicial tradition
Criminal police integrated in the regular police force-structure, police tradition (clear separation by tradition from military forces)

6. Prosecutors: Organization (I)
Independent authorities, not belonging to the ordinary administration
No political influence
Head of the prosecutorial service (general prosecutor): elected by the respective parliament or nominated by the government

7. Prosecutors: Organization (II)
Membership in a political party does not play a crucial role in electing or nominating the general prosecutor
Terms between 4 to 10 years, different solutions for reelection
Controlling of the prosecutor’s orders or decree: based on the Criminal proceeding code or on the internal rules of organization
Membership in a political party does not play a crucial role in electing or nominating the general prosecutor
Terms between 4 to 10 years, different solutions for reelection (limitation of terms, retirement age)
Controlling of the prosecutor’s orders or decree, based on the Criminal proceeding code or on the internal rules of organization

8. Prosecutors: Tasks Leading the investigation
Investigation has to produce elements in favor of the accused and in charging the person
Based on the results of the investigation: Accusation before the court or abandonment of the proceeding
Leading the investigation (opening, coercive measures, mandating the criminal police, dealing)
Investigation has to produce elements in favor of the accused and in charging the person (shall investigate the incriminating and exculpating circumstances with equal care)
Based on the results of the investigation: Accusation before the court if the suspicions are confirmed and sufficient or abandonment of the proceeding if it is not the case

9. Investigator: Organisation
Integration in ordinary police forces
Not independent structures, politically lead in most cases by a minister of police or internal affairs, never by the minister of justice
No political influence in nomination procedure of the heads of criminal police, no influence of prosecutors
Individual contracts following usual rules of public servants

10. Investigator: Tasks Executing mandates of the prosecutor
Responsible for tactical police action
Recommending action to the prosecutor

11. 1 2 3 Three different stages of the investigation Police Enquiries
Investigation by the Public Prosecutor
Main Proceeding of First Instance Court

12. Challenges in the cooperation
Constant and open exchange about the strategy in investigating
Need for a common understanding of the goal of an investigation and of the respective competences and activities