<abstract xmlns="http://www.w3.org/1999/xhtml"><p>Minor infractions represent the majority of criminal cases. Simplified or summary procedures have addressed their increasing number in order to unburden the courts. Because of reduced requirements for the case to be adjudicated, this procedural economy comes usually to the cost of the defendant. Penal orders represent the most successful form of fast track procedure in which the public prosecutor plays a predominant role. After a police report and sometimes a short investigation, penal orders are issued and notified to the defendant. If they are not objected, their judgment equals the decision of a court. In other words, penal orders rely on the tacit agreement of the defendant. This contribution presents the risks of penal orders to produce wrongful convictions and proposes a set of recommendations that could improve the current situation. A combination of legal sources and empirical studies shed light on the delicate balance between the efficiency of justice and the defendant’s rights.</p></abstract>

Minor infractions represent the majority of criminal cases. Simplified or summary procedures have addressed their increasing number in order to unburden the courts. Because of reduced requirements for the case to be adjudicated, this procedural economy comes usually to the cost of the defendant. Penal orders represent the most successful form of fast track procedure in which the public prosecutor plays a predominant role. After a police report and sometimes a short investigation, penal orders are issued and notified to the defendant. If they are not objected, their judgment equals the decision of a court. In other words, penal orders rely on the tacit agreement of the defendant. This contribution presents the risks of penal orders to produce wrongful convictions and proposes a set of recommendations that could improve the current situation. A combination of legal sources and empirical studies shed light on the delicate balance between the efficiency of justice and the defendant’s rights.

Penal Orders and the Role of Prosecutors in Switzerland

Journal of Legal Studies

This work is licensed under the Creative Commons Attribution 4.0 International License.

{"article-title":"Penal Orders and the Role of Prosecutors in Switzerland"}

Minor infractions represent the majority of criminal cases. Simplified or summary procedures have addressed their increasing number in order to unburden the...

Penal Orders and the Role of Prosecutors in Switzerland

Published Online: Nov 07, 2020

Page range: 125 - 141

Received: Sep 01, 2020

Accepted: Oct 01, 2020

DOI: https://doi.org/10.2478/jles-2020-0016

Keywords
simplified procedure, penal order, prosecution, court hearing, wrongful conviction

© 2020 Raluca Enescu, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Penal Orders and the Role of Prosecutors in Switzerland

Published Online: Nov 07, 2020

Page range: 125 - 141

Received: Sep 01, 2020

Accepted: Oct 01, 2020

DOI: https://doi.org/10.2478/jles-2020-0016

Keywordssimplified procedure, penal order, prosecution, court hearing, wrongful conviction

© 2020 Raluca Enescu, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Keywords
simplified procedure, penal order, prosecution, court hearing, wrongful conviction