Facts
On August 3, 2006 and January 9, 2007, the investigating judge of the Juvenile Criminal Chamber of the Canton of Freiburg opened criminal investigations against the accused X., born on November 22, 1988, for assault, possible robbery, and rape. On November 22, 2007, the ordinary cantonal investigating magistrate's office opened another criminal proceeding against the same accused for new alleged offenses (extortion, possible robbery) that he is said to have committed after reaching the age of 18.
The juvenile investigating judge recognized his material jurisdiction also for the criminal investigation opened on November 22, 2007. Upon request, the President of the Criminal Chamber of the Cantonal Court informed him that the juvenile criminal law would remain applicable if a criminal proceeding is opened by the ordinary investigating magistrate against a person against whom a juvenile criminal proceeding is already pending for alleged offenses committed after reaching the age of 18.
The cantonal public prosecutor's office filed a complaint against the decision of the President of the Criminal Chamber, who had declared the juvenile investigating judge competent. The Federal Supreme Court dismissed the complaint.
Considerations
The Federal Supreme Court states that according to the German and French wording as well as the meaning of Art. 3 para. 2 sentences 4-5 of the Juvenile Criminal Procedure Act (JStG), the juvenile criminal procedure remains applicable if such a procedure was already pending against the accused before the offense allegedly committed after reaching the age of 18 became known. This applies regardless of whether a measure under the Criminal Code (StGB) or the Juvenile Criminal Procedure Act (JStG) is in question.
The differentiated regulation chosen by the legislator in "mixed cases" takes into account the fact that the perpetrator, who is…