Obligation of the Public Prosecutor's Office to Attend the Appeal Hearing in Person

Facts

Parties: Appellant A. against Public Prosecutor's Office of the Canton of Valais, Central Office

Courts: District Court of Leuk and Western Raron, Cantonal Court of the Canton of Valais, Federal Supreme Court

Date: September 14, 2022

Main Issue: The appellant A. was sentenced to a conditional suspended prison sentence of 12 months for qualified gross violation of traffic regulations. The appellant challenges the absence of the Public Prosecutor's Office from the appeal hearing as a violation of federal law.

Considerations

The Public Prosecutor's Office is obliged, pursuant to Art. 337 para. 3 CrimPC, to personally represent the prosecution in court if it requests a prison sentence of more than one year or a measure involving deprivation of liberty. The wording of the law is clear and requires a prison sentence of at least one year and one day to mandate the personal attendance of the Public Prosecutor's Office.

In the present case, the Public Prosecutor's Office requested a prison sentence of exactly one year in the first-instance proceedings. Since the Public Prosecutor's Office neither appealed nor filed a cross-appeal, it was not obliged to personally attend the appeal hearing. The appeal court could therefore not…