Examining magistrate (Switzerland)

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An examining magistrate is or was a public official who was or was assigned certain tasks in the context of criminal investigations.

Civil criminal process

The examining magistrate, called the interrogator in some cantons , was in Switzerland before the introduction of the new nationwide criminal procedure code in 2011 in most cantons and at the federal level, the designation for a judge who, depending on the cantonal and federal code of criminal procedure, either led the investigative acts independently, whereby the public prosecutor only appeared as a party (investigating judge model I), or who was bound by instructions to the public prosecutor (investigating judge model II).

Since 2011 (earlier in the cantons of Basel-Stadt and Ticino), the investigation has been led by the public prosecutor , which means that the investigating judge is no longer required. The imposition of compulsory measures such as house searches, security or pre-trial detention is now the responsibility of special compulsory measures courts , which roughly correspond to the German investigating judge .

Military criminal trial

Investigating magistrates are still in place in Swiss military criminal proceedings today , as the 2007/2011 Code of Criminal Procedure did not affect the existing Military Criminal Procedure Code .

literature

to the old law
  • Andreas Donatsch, Niklaus Schmid: Commentary on the Code of Criminal Procedure of the Canton of Zurich from May 4, 1919. 3 loose-leaf files. Schulthess, Zurich 1996–2007.
  • Manfred Küng, Claude Hauri, Thomas Brunner: Hand commentary on the Zurich Code of Criminal Procedure. Edited by Manfred Küng. Stämpfli, Bern 2005, ISBN 978-3-7272-9468-6 .
on the new law (also referring to the old law of the cantons)
  • Marcel Alexander Niggli, Marianne Heer, Hans Wiprächtiger (eds.): Swiss Code of Criminal Procedure / Code of Youth Criminal Procedure. Helbing Lichtenhahn, Basel 2010, ISBN 978-3-7190-2626-4 .
  • Andreas Donatsch, Thomas Hansjakob, Viktor Lieber (eds.): Commentary on the Swiss Code of Criminal Procedure (StPO). Schulthess, 2nd edition, Zurich 2014, ISBN 978-3-7255-6938-0 .