Admissibility of Issuing Infringement Penalty Orders by Investigating Officers of the Public Prosecutor's Office

Facts

On December 20, 2012, a collision occurred in Allschwil between the motorcycle driven by X. and the delivery van of A. The investigating officer B. convicted X. on behalf of the Public Prosecutor's Office of Basel-Landschaft with a penalty order dated March 12, 2013 for a simple violation of traffic regulations to a fine of CHF 400.-. X. filed an objection against the penalty order.

The Cantonal Court of Basel-Landschaft overturned the judgment of the President of the Criminal Court and referred the matter back for a new decision to the Criminal Court. The Public Prosecutor's Office of Basel-Landschaft then filed a criminal appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court first examined whether the investigating officer B. was authorized to issue penalty orders independently. It concluded that the Canton of Basel-Landschaft did not make use of the possibility provided for in Art. 17 para. 1 and Art. 311 para. 1 sentence 2 CrimPC to transfer the prosecution and adjudication of misdemeanors to administrative authorities. Consequently, the public prosecutor's offices are responsible for the prosecution and adjudication of misdemeanors.

According to § 12 para. 1 of the Introductory Act of the Canton of Basel-Landschaft to the Swiss Criminal Procedure Code (EG CrimPC/BL), investigating officers are authorized to conduct investigative actions under the…