Main tasks of the members of the military tribunal system

Clerk of court (normally specialist officer) 

  • Transcribing main hearings of the court
  • Drafting judgements and their legal justification 

Examining magistrate (major / captain / specialist officer) 

  • Conduct of preliminary gathering of evidence
  • Conduct of preliminary investigations
  • Advising commanding officers on matters relating to military criminal law 

Military attorney (lieutenant colonel / major / specialist officer) 

  • Conducting prosecutions in court
  • Passing judgement as single judge in cases involving custodial sentences of up to a month, monetary penalties of up to 30 daily penalty units, community service of up to 120 hours and / or fines of up to 5'000 Swiss francs (so-called summary penalty orders)
  • Rendering of "no proceedings" decisions and pronouncing disciplinary measures in case of disciplinary offences 

President of court (colonel / lieutenant colonel) 

  • Heads the court and presides over court hearings 

Judges 

  • The judges and the presidents of court form the panel that passes judgement. They may question the accused both on the facts of the case and on his personal background during the main proceedings (principle of immediacy). The deliberations on judgement take place in camera.
  • Judges may be officers, NCOs or soldiers from the troop unit and are appointed by the Federal Council or the Federal Assembly for a term of office of four years. They perform their duties as judges in the military tribunal system in addition to their normal military duties. 


Office of the Armed Forces Attorney General Maulbeerstrasse 9
CH-3003 Bern
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+41 31 311 09 52

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Office of the Armed Forces Attorney General

Maulbeerstrasse 9
CH-3003 Bern

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