Topics: Public Prosecutor's Office, judiciary, law enforcement, attorney general, Swiss Conference of Public Prosecutors, criminal law reform, overburdening of the Public Prosecutor's Office, career path, career tips, Office of the Attorney General, canton of Bern.
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Good morning Mr. Fels. Thank you for taking the time for this interview. You are the Attorney General of the Canton of Bern and the President of the Swiss Conference of Public Prosecutors. What is your career path, and how did you become the Attorney General?
Thank you very much for inviting me to this interview - yes, my career path started with financing my studies through various jobs within the Bern judiciary, such as an extraordinary court clerk and translator at the Bern Courthouse. The court and legal internship fascinated me, and I could have imagined starting directly at a court, the then investigation office, or the public prosecutor's office after my studies.
However, it turned out differently: my enthusiasm for international matters made me oscillate between the concours diplomatique and international law. Fortunately, my job search after passing the bar exam quickly led me to international legal assistance in criminal matters, where I was ultimately responsible for the Swiss-USA legal assistance central office at the Federal Office of Justice. In this role, I was in daily contact with the cantonal and federal criminal authorities, so I dared, as an outsider, to apply for the position of a cantonal prosecutor for the entire Bernese canton area, known as the 'floating prosecutor' for assignments where help was needed. It worked out; at that time, the Bernese Higher Court chose me. After six years in this role, I returned to international matters and was responsible for the Legal Assistance and International Cooperation department at the Office of the Attorney General in the framework of federal jurisdiction. The Swiss Criminal Procedure Code also led to a comprehensive judicial reform in the Canton of Bern. Enthusiastic about the new, exemplary organization of the judiciary and the public prosecutor's office and the associated tasks in law enforcement, I answered the call from Bern and was elected Deputy Attorney General by the Grand Council of the Canton of Bern in 2009, and finally, in 2016, Attorney General.
Leading the Public Prosecutor's Office of the Canton of Bern , with all its competent and motivated employees within its lean and modern management structures, is immensely satisfying and fulfilling. Our ability to fulfill our mandate in a high-quality manner, embedded in constructive-critical instance control, very focused on our core business, is not only due to mutual respect between institutions in the Canton of Bern but is primarily thanks to our canton's judicial constitution, which guarantees the independence and thus the self-governance of the courts and the public prosecutor's office at the constitutional level.
In crime movies, we are the strict brake on colorful investigative methods with excessive external tendencies, and in the media, the prosecutor's obligation to objectivity, as well as the high professional and psychological demands, are often lost. - Michel-André Fels
The public prosecutor's office is often portrayed in an exaggerated manner in the media and entertainment. What does the daily life of a prosecutor actually look like?
I really regret that this portrayal is often so, and usually somewhat negative, and thus the public perception of a job that is important for the safety of the population and also one of the most interesting suffers.
In crime movies, we are the strict brake on colorful investigative methods with excessive external tendencies, and in the media, the prosecutor's obligation to objectivity, as well as the high professional and psychological demands, are often lost. This may also be because the secrecy of the investigation and thus the protection of the parties imposes tight communication limits on the prosecutor's office, which can lead to speculation and misunderstandings from the other side.
To your question: In summary, the daily routine looks like this: the prosecutor in the pre-trial phase of criminal proceedings carries the entire responsibility daily to uncover the truth, whether this is materially, personally, or administratively, also towards the police. In addition to the personnel management responsibility, the prosecutor is primarily the leader in the procedure itself, the 'proceedings manager.' They set the direction, must conduct error-free investigations, and push cases forward according to the rules of the CrimPC, particularly the principle of expeditiousness. They listen, analyze, and give the police and other specialized units as well as their team members corresponding clear orders. They set milestones, check the direction of the investigation, separate the essential from the non-essential, and conclude the investigation either with a dismissal or with an indictment. This forms the basis for the main proceedings in court. The prosecutor's office then represents its cases in an adversarial manner in court as a party. In parallel, every prosecutor takes turns on duty for several days, working with the police forces during incidents.
However, there is no boundless freedom or 'excessive power' of the prosecutor's office, as is sometimes quite unreflectively reported: In their task, they are bound by the procedural law, always committed to objectivity, guided by deadlines, responsible for upholding the rights of the parties, and subject to constant legal control through the hierarchy regarding each of their decisions. The often-fabled myth of power in detention law is also quickly refuted by procedural reality, namely, that only the coercive measures court decides on the basis of elaborately justified and fact-supported detention requests from the prosecutor's office while preserving the right to be heard.
And finally, the legislator has given the prosecutor's office an efficient tool to relieve the courts with the penal order procedure, to conclude the mountain of simple, largely clarified or admitted facts with a judgment-like decision, which can be immediately submitted to the judge through a simple, non-reasoned objection.
No case is like another: Different people, different constellations, different offenses, different complexity associated with specialized knowledge. - Michel-André Fels
What makes the work at the public prosecutor's office so exciting?
There is probably hardly any work that is as interdisciplinary as the work at the public prosecutor's office, where people are so strongly at the center, whether as adults, youths, or as victims, witnesses, and indeed as accused persons, but all in their own exceptional situations: Where else do you have the opportunity to work with so many professional fields and specializations in the search for the truth? Forensic medicine, psychology, psychiatry, ballistics, genetics, toxicology, aviation, transportation – the list is nearly endless. And no case is like another: Different people, different constellations, different offenses, different complexity associated with specialized knowledge. From cybercrime to mountain accidents to economic crime to violent crime and finally to road traffic and the drug scene, these are just a small selection of the colorful palette of our profession. And last but not least: I consider this profession to be socially crucial. The task of the judiciary, to which the public prosecutor's office belongs, is an essential building block for security and legal peace; only in this way can a society – today more than ever – bridge difficult times and continue to develop steadily.
How do you cope with the distressing life stories you encounter in your profession?
It's like this: In the career of a prosecutor, you are confronted with hard-to-bear situations, images, but also behaviors. I still carry very vivid memories of cases with me, even though the most impactful ones are several years old. Claiming otherwise would not be honest. These are not just terrible crime scenes or injured people, but also the fates of victims and relatives, encounters with offenders whose guilt and insight into the crime were severely limited, or the absolute emotional coldness or self-suggestions that are truly astounding. A stable private environment and hobbies, combined with absolute professionalism, are a sustainable basis. However, suitable organizational, institutional measures (structures) or offers must also be put in place within the framework of the employer's duty of care, where the first step towards professional help for excessive psychological stress can be taken. A good working environment, exchange with colleagues, and an open door to the superior significantly reduce the risk of illness or self-harm.
You have been working at the public prosecutor's office in various functions and responsibilities for well over 20 years. How has the role of the prosecutor changed?
Let me elaborate a bit. Society and coexistence have changed sustainably in recent decades. Living together in our country has become more demanding. People from different cultural backgrounds meet, bringing with them different value systems. Fears arise, associated with rejection attitudes that can lead to conflicts. The feeling of individualization is stronger; at the same time, aggression occurs much more quickly today. Additionally, the change brought by digital communication tools and the flood of information available to us is highly challenging. More information does not mean more clarification; essential and true information often falls into the background. How can you distinguish what is true and what is false? What are the consequences for interpersonal interactions? All these areas of tension lead to behaviors that may be relevant to criminal law. The public prosecutor's office must keep up and stay fit professionally, technically, and in its understanding of these changes. Training is mandatory. But it must also be given modern, legally sound criminal law norms and a modern, effective code of criminal procedure so that it can keep pace with developments and remain effective itself.
The introduction of the Swiss Code of Criminal Procedure in 2011 was the most comprehensive Swiss judicial reform of modern times. The great merit is undoubtedly and long-awaited the unification. However, in my view, this legislation has not been entirely successful because it has overly formalized and complicated the enforcement of criminal law, and it hardly speaks the language of digitalization. Instead of orienting itself towards the minimum standards of the ECHR, the completed Swissification leads to complicated procedural processes and thus to the slowing down of procedures, directly into the area of tension of the principle of expediency. This extraordinarily burdens the procedure management in an increasing trend, and ultimately – I believe – this is clearly not in the interest of the legal affected parties, particularly the victims of crimes.
Personally, I would fundamentally prefer not to have the population in Switzerland, as a liberal state, monitored and controlled at every corner for the slightest reasons. The search for alternatives is necessary: less repression, more prevention. - Michel-André Fels
The current overload of the public prosecutor's office is a major topic. What, in your opinion, needs to change?
Criminal law was originally, and rightly so, intended solely as a last resort, the final means for dealing with serious offenses. Over the past decades, the opposite has occurred, namely a shift towards a considerable regulatory density. Coupled with this is the expectation that the judiciary will promptly and completely address violations, which is hardly realistic. The regulatory density is further troubling because it does not necessarily lead to increased rule of law, as it also requires monitoring whether the rules are being followed. The judiciary, and thus the state, inevitably reaches the limits of its capacity, and the aforementioned legitimate expectations of this legal state are disappointed. Personally, I would fundamentally prefer not to have the population in Switzerland, as a liberal state, monitored and controlled at every corner for the slightest reasons. The search for alternatives is necessary: less repression, more prevention. We need a functioning education system, the imparting of values, and, alongside engagement and activities, also social support services. Such a range of measures could lead us to address societal problems not always with more prohibition and repression. It would be good if those initiating political proposals would first thoroughly consider whether a new legal provision is truly necessary. In this way, changes that negatively impact the work of the judiciary could be noticeably corrected.
I therefore explicitly welcome and support all efforts, within the framework of broadly supported projects and serious investigations, to analyze the current situation, which undoubtedly overloads the system. Before calling for more resources, it is crucial that stakeholders, from legislators to practitioners, introspectively question their organizations, their role in the legislative process (as long as this is not, as with the judiciary, restricted to consultations), but also their behavior in the professional environment, and are willing to move away from traditional - or in the worst case - purely financially motivated positions and make constructive contributions. Only then will it become apparent what has gradually crept into the criminal justice system over the past decades and why the results are sometimes problematic. Perhaps the accusation that some are more equal than others in criminal law will find its place in the legislative process and not as a fault of the criminal authorities. Based on these findings, solutions can be formulated so that criminal law can again fulfill the role in the liberal state for which it was originally intended.
What advice would you give to aspiring prosecutors?
I am convinced that before anyone decides to pursue this profession, they must account for their personal readiness and recognize the extent of professional responsibility.
Accountability means that legal expertise alone is not enough; only well-formed, authentic, and genuine personalities in a stable environment should assume responsibility. Ideally, these are individuals who can lead convincingly in hectic situations and handle and process the most challenging situations and fates. Working with people means assuming responsibility for those affected by the law with a high degree of integrity. Accountability also means that the investigation must ultimately be eloquently presented in court with passionate commitment but always factually, legally correct, and, above all, concisely.
Therefore, it is clear: being a prosecutor is far from an entry-level job.
Years of training and experience, in the sense of a well-considered but time-consuming career plan, are important. Assuming leadership roles requires solid leadership training. Continuous professional development is essential: there are numerous training and further education opportunities tailored precisely to the "prosecutor" profession, whether through day courses or postgraduate studies (MAS, CAS).
I also consider a change of perspective beneficial: job rotation between court and prosecution roles is very appealing, as is transitioning into or out of the legal profession. Just as prosecutors need to understand the challenges faced in court, judges—and also lawyers—need to be aware of how a case unfolds at the frontline and the many human, social, and legal challenges the counterpart must manage.
Thank you for the fascinating insights into your work at the public prosecutor's office and your impressive career. We wish you all the best in the future.
Translated by AI
