Public Prosecutor's Office AG Disciplinary proceedings against the Chief Public Prosecutor of Aargau

The Aargau cantonal council has opened disciplinary proceedings against the senior public prosecutor. This follows the unexcused absence of a female public prosecutor from a high court hearing in June 2023.

The conduct of the senior public prosecutor in connection with the absence of the public prosecutor from the higher court hearing is being investigated, the cantonal government announced on Friday.

The cantonal government sees no basis for examining personnel law measures against the other persons involved. In particular, this concerns the public prosecutor herself and the head public prosecutor of the Lenzburg-Aarau public prosecutor's office.

Expulsion from the country for sex offenders

The dispute between the authorities was triggered by the criminal proceedings against a foreign national convicted by the Lenzburg District Court for sexual acts with children. The public prosecutor's office referred the case to the high court, which should have decided whether to expel him from the country. However, because the public prosecutor's office failed to attend the hearing in June 2023, the appeal was deemed to have been withdrawn.

As a result, the convicted offender is now allowed to remain in Switzerland, according to a proposal by an SVP member of the cantonal parliament, which the cantonal government responded to on Friday.

Fine for public prosecutor contrary to federal law

The disciplinary proceedings that have now been opened were preceded by a ruling by the Federal Supreme Court: it ruled that the fine of CHF 1,000 that the High Court had imposed on the defaulting public prosecutor was contrary to federal law. The canton of Aargau must pay her compensation of CHF 3,000.

Due to the Federal Supreme Court ruling, there is no basis for personnel law measures against the public prosecutor, the government announced on Friday. The obligation to be present applies to the authority, not to the individual public prosecutor. She had informed her superiors correctly.

The Federal Supreme Court also dismissed the appeal of the senior public prosecutor, who wanted to maintain her appeal despite her absence. With this dismissal, the judgment of the district court now applies to the offender and he will not be expelled from the country.