Facts
The appellant [A.] was heard by the juvenile court for offenses committed while he was a minor, including attempted murder, acts of violence, property damage, and thefts. After reaching the age of majority, [A.] was heard by the public prosecutor's office for new offenses, including murder, bodily harm, and threats. The juvenile court relinquished jurisdiction over the proceedings concerning the offenses committed when [A.] was a minor in favor of the adult jurisdiction, due to the seriousness of the new offenses and the pending proceedings before the public prosecutor's office.
[A.] appealed against this decision to relinquish jurisdiction, arguing that all the facts imputed to him should be submitted to the juvenile jurisdiction.
Considerations
According to the case law, Art. 3 para. 2 of the Federal Act on the Criminal Law Applicable to Juveniles (DPMin) provides that when an offender must be tried simultaneously for offenses committed before and after the age of 18, adult criminal law applies to the penalties, but the juvenile jurisdiction remains competent for the offenses committed during minority, except in certain cases.
The Federal Tribunal considered that the exceptions recognized by case law, such as the seriousness of the new offense, allow the ordinary public prosecutor's office to investigate the facts committed after the…