Act on the Guarantee of Public Safety (Polizeigesetz, PolG) - Scope (PolG)

1. This law applies to the cantonal police, the municipalities and their police forces, private security services, civil protection authorities, and the fire department, as well as to individuals affected by police measures.

2. The provisions regarding police activity apply to the cantonal police and the police forces of the municipalities, unless the law specifies otherwise or a distinction is necessary due to differing responsibilities.

1. The canton and the municipalities jointly ensure public safety and order in the area of policing.

2. The cantonal police assume the leadership role in general police activities within the canton. They may issue directives to ensure coordination and uniform practices in police activities.

3. In joint operations involving the cantonal police and municipal police forces, responsibility and command authority rest with the cantonal police.

4. The government council may establish priorities for crime prevention for the cantonal police.

1. The Duties of the Cantonal Police are

a) security, traffic, and administrative policing, insofar as the competence of the municipalities does not apply according to § 4,

b) * the prevention and detection of criminal offenses,

c) criminal police duties pursuant to the provisions of the criminal procedure law,

d) intelligence services in accordance with federal law,

e) assistance in emergencies and disasters,

f) coordination and management of operations at major events,

g) the operation of emergency call centers,

h) support and advising of authorities, offices, and municipalities on security matters,

i) supervision of private security services,

k) * within the scope of the Federal Act on Measures to Safeguard Internal Security (BWIS) of March 21, 1997

1. * submitting applications for measures to prevent terrorist activities pursuant to Art. 23i BWIS,

2. * submitting positions for the Federal Office of Police (fedpol) pursuant to Art. 23j Sec. 1 BWIS,

3. * implementation and monitoring of reporting and conversation participation obligations pursuant to Art. 23k BWIS,

4. * implementation and monitoring of contact prohibitions pursuant to Art. 23l BWIS,

5. * implementation and monitoring of entry and exit restrictions pursuant to Art. 23m BWIS,

6. * implementation and monitoring of restrictions to a property pursuant to Art. 23o BWIS,

7. * implementation and monitoring of mobile phone localizations pursuant to Art. 23q BWIS,

8. * implementation and monitoring of electronic surveillance pursuant to Art. 23q BWIS in cooperation with the Office of Justice Enforcement,

9. * submitting applications for travel restrictions pursuant to Art. 24c BWIS,

l) * permits and measures pursuant to Art. 13 of the Concordat on Measures against Violence at Sports Events of November 15, 2007,

m) * taking advisory and preventive protective measures within the framework of threat management,

n) * within the scope of the Federal Aviation Act (Aviation Act, LFG) of December 21, 1948

1. data processing within the framework of reliability checks pursuant to Art. 108c LFG,

2. issuing recommendations within the framework of reliability checks pursuant to Art. 108d LFG.

2. The Cantonal Police performs qualified and defined policing tasks for the municipalities within the framework of multi-year agreements for cost-covering compensation.

3. The government council regulates the procedure for permits pursuant to paragraph 1 letter l by ordinance.

1. Municipalities guarantee local security within their territory in accordance with § 19.

2. Local security includes

a) ensuring public safety, peace, and order,

b) ensuring the constant readiness of police forces or an on-call service,

c) monitoring and controlling stationary traffic throughout the municipal area as well as moving traffic within the municipality and on municipal roads outside the town,

d) administrative police duties.

3. The cantonal police may delegate criminal police tasks to individual municipal police corps through an agreement, provided that the municipality comprehensively fulfills the tasks according to paragraph 2 and possesses the necessary personnel resources.

4. The Grand Council definitively establishes the content of local security and the list of delegable tasks by decree.

1. The Cantonal Police advises the municipalities on matters of local security and provides subsidiary support. It ensures the necessary coordination of operations with the municipal police forces and supports the municipalities in their training and education as well as in the procurement of materials.

2. The Government Council, after consulting the municipalities, designates by ordinance the chargeable support services in favor of the municipalities and determines the cost-covering billing rate.

1. The use of the term "Police" in German or any other language is reserved for the authorized federal entities, the cantonal police, and the municipal police forces. The use of the term "Police" by third parties is prohibited.

1bis. Private security services are not allowed to use uniforms, vehicles, or other items that could be confused with the police. The use of the Aargau coat of arms by private security services is forbidden.

2. Plainclothes officers must identify themselves before any official action, if the circumstances allow. Uniformed officers must identify themselves upon request.

1. The cantonal police and the municipalities shall inform the public within the scope of their authority when public interests so require and no overriding legitimate private interests conflict with this.

2. The provisions of criminal procedure law shall apply to the dissemination of information within the framework of criminal proceedings.

1. The Executive Council shall issue the necessary implementing provisions for this law by ordinance.

2. Before issuing the implementing provisions, it shall consult the municipalities, insofar as there is a connection to the activities of the municipal police forces.

1. The cantonal police collaborate with the municipal police forces and other security organs of the canton, other cantons, the federal government, as well as foreign entities.

2. The government council is responsible, within the framework of the financial authority of the Grand Council, for concluding police agreements with other cantons and the federal government.

1. Insofar as the situation requires, the cantonal police and the municipal police forces shall assist each other. Special support services may be invoiced based on expenses incurred.

2. To manage extraordinary situations, the government council may authorize the cantonal police to utilize municipal police forces with reimbursement for the expenses.

1. The Government Council shall, if necessary, submit a request for police assistance in favor of the canton. It grants, upon request and against reimbursement of expenses, the authorization for police assistance in favor of other cantons.

2. In urgent cases, the Police Commander shall decide after consulting with the head of the competent department.

3. In the case of inter-cantonal police deployments in Aargau, the law of the place of deployment shall apply.

1. The cantonal police and the municipal police forces provide administrative and enforcement assistance to the administrative and judicial authorities.

2. The assistance of the cantonal police in favor of the municipalities, other cantons, and the federal government is provided against reimbursement of costs, unless federal or cantonal law stipulates gratuitousness.

3. The same regulation applies to administrative and enforcement assistance by the municipal police forces.

1. The Cantonal Police is subordinate to the head of the competent department. It is led by the Police Commander.

2. The Police Commander is responsible for the administrative management, operations, as well as the training and further education of the Cantonal Police.

1. The ordering of the following measures is reserved for senior officials of the Cantonal Police

a) Documentation of deployments with mobile audio and video recording devices pursuant to § 25 para. 4,

b) Police custody pursuant to § 31 para. 1, which lasts longer than three hours,

c) Preventive observation pursuant to § 35a para. 1,

d) Preventive observation with surveillance devices for location tracking pursuant to § 35b para. 1,

e) Preventive covert search pursuant to § 35c para. 1,

f) Preventive covert investigation pursuant to § 35d para. 1,

g) Optical-electronic surveillance pursuant to § 36a para. 1,

gbis) * Automatic vehicle search and traffic monitoring pursuant to § 36b para. 1,

h) Data matching pursuant to § 36b para. 4.

2. The government council designates by ordinance the police executive functions responsible for the orders under paragraph 1.

1. The ordering of the following measures is reserved for senior members of the municipal police forces

a) Documentation of operations using mobile audio and video recording devices according to § 25 Para. 4,

b) ** Police custody according to § 31 Para. 1, which lasts longer than three hours,

c) ** Automatic vehicle tracking and traffic monitoring according to § 36b Para. 1.

2. The responsible political bodies of the municipal police forces designate the senior positions responsible for the orders pursuant to paragraph 1 in a regulation.

1. The cantonal police corps comprises the necessary number of officers, non-commissioned officers, and police officers required to fulfill its duties.

2. The minimum number of the cantonal police corps is determined by the respective population of the canton. For every 700 residents of the canton, at least one police officer is required (staff ratio 1:700). Police officers from municipalities or municipal associations, provided they have recognized police officer training, are included in determining the size of the cantonal police corps according to the set ratio. The number of police officers is determined based on the number of full-time equivalent positions.

3. The members of the corps are assigned ranks according to their function. The cantonal government issues a regulation in this regard.

4. Tasks that require limited or no police training can be assigned to employees with limited or no police authority.

1. The employment relationship of the members of the Cantonal Police is governed by the provisions of the Law on the Principles of Personnel Law (Personnel Law, PersG) of May 16, 2000. The government council may issue differing regulations for corps members, particularly concerning service duties, transfers, rotation within the corps, disciplinary matters, service complaints, and duties outside of service.

2. In the event of the initiation of criminal proceedings against corps members for an act committed in the course of their duties, the Chief of Police may provide them with legal counsel at the expense of the canton.

1. The Cantonal Police shall be outfitted, equipped, and armed at the expense of the canton.

2. The use of uniforms and weapons shall be in accordance with the directives of the Chief of Police. The provisions regarding the use of weapons according to § 46 shall remain reserved.

1. The training of members of the police corps takes place at a regional police training center. The police commander may equate a different training with that conducted at a regional police training center for specific functions.

2. The cantonal police and the municipal police forces are obliged to have a sufficient number of police officers trained in order to meet their personnel requirements.

1. Individuals eligible for admission to police training must be of legal age, possess Swiss citizenship, and exhibit the necessary moral, mental, and physical aptitude, as well as proficiency in the German language, both spoken and written.

2. The decision regarding admission to police training is made by the Chief of Police.

1. The competent department shall require the trained person or the person in training to reimburse a reasonable portion of the training costs of the cantonal police in the event of

a) * a voluntary termination of police training,

b) * a voluntary waiver of joining the police force after completing police training,

c) * a voluntary departure from the police force within three years of completing police training, if this training was financed by the canton.

2. The training costs correspond to the lump sum currently determined by the Concordat authority of the Inter-Cantonal Police School Hitzkirch (IPH).

3. If there are important reasons for the termination of the employment relationship, reimbursement may be waived.

1. If a change between the cantonal police and a municipal police corps, or between different municipal police corps occurs within five years after the completion of police training, the police corps receiving the transferring person must reimburse the police corps releasing the person for the training costs in accordance with § 18 para. 2.

2. The reimbursement amount decreases by

a) 1/60th of the training costs for each full month already served in the releasing police corps, and

b) the amount that the trained person has already reimbursed to the releasing police corps in accordance with § 18 or due to a contractual employment obligation.

1. The personal security check aims to assess the reputation of members of the Cantonal Police and the municipal police forces.

2. The Cantonal Police and the municipal police forces may conduct personal security checks at any time during the duration of the employment relationship if there is justified cause.

3. The Cantonal Police and the municipal police forces must conduct a personal security check at the following times

a) before admission to police training pursuant to § 17,

b) before employment as a member of the Cantonal Police or the municipal police forces, if no personal security check pursuant to clause a has been conducted.

4. The persons to be checked must consent to the conduct of a personal security check in accordance with paragraphs 2 and 3.

5. The persons to be checked are obligated to cooperate in establishing the facts in the course of a personal security check in accordance with paragraphs 2 and 3.

**1. The following verifications are to be conducted as part of the personnel security screening for police officers and applicants for police training:**

a) Inquiry of the official extract 2 pursuant to Article 46 letter j of the Federal Act on the Criminal Records Information System VOSTRA (Criminal Records Act, StReG) dated June 17, 2016,

b) Inquiry of the police data processing and information systems of the cantonal police pursuant to Sections 50 paragraph 1 and 51a,

c) Inquiry of the police data processing and information systems of the federal government and other cantons, insofar as the cantonal police are authorized to access,

d) Obtaining references from previous employers of the person to be screened when a personnel security check is conducted according to Section 18b paragraph 3.

**2. Within the scope of the personnel security screening pursuant to paragraph 1, police officers and applicants for police training must also provide the following documents:**

a) Self-declaration of criminal judgments and ongoing criminal proceedings not listed in the official extract 2 pursuant to Article 46 letter j StReG,

b) Current extract pursuant to Article 8a of the Federal Act on Debt Collection and Bankruptcy (SchKG) dated April 11, 1889,

c) Current extract pursuant to Article 89f of the Road Traffic Act (SVG) dated December 19, 1958.

**3. As part of the personnel security screening of other members of the cantonal police and municipal police forces, these persons are required to provide the following documents in lieu of the verifications or documents required under paragraphs 1 letter a and 2 letter a:**

a) Private extract pursuant to Article 41 StReG,

b) Self-declaration of criminal judgments and ongoing criminal proceedings not listed in the private extract pursuant to Article 41 StReG.

**4. The municipal police forces are obliged to obtain a report from the cantonal police regarding inquiries pursuant to paragraph 1 letters b and c.**

**5. The cantonal police and the municipal police forces may, with the consent of the person being screened, conduct further inquiries related to the person's reputation. The person being screened is required to cooperate in establishing the facts.**

1. The examined person has the right to access the documents of the personal security check and request the correction of incorrect data.

1. If the personal security check reveals information that is detrimental to the reputation of the person being examined, or if the person being examined refuses to consent to or cooperate with the personal security check,

a) the admission to police training or the employment is to be forgone,

b) personnel-related measures may be taken in the case of an existing employment relationship.

1. Municipalities Ensure Local Security

a) with their own resources, or

b) in collaboration with other municipalities, or

c) by contracting the cantonal police pursuant to § 3, paragraph 2.

2. They may engage qualified private security services, provided it does not involve the fulfillment of sovereign police duties as outlined in § 27, paragraph 2.

1. Police forces of the municipalities, which perform sovereign tasks, possess a police basic training recognized by the federal government and are directly employed by the municipalities. These municipalities ensure the necessary continuing education.

2. The performance of auxiliary activities that may lead to conflicts of interest is prohibited.

3. The engagement of private security services by the municipalities requires the approval of the competent department. This department verifies whether the task may be performed by private entities and whether the private security forces meet the required standards.

1. Civil protection and fire department units may, to the extent necessary in individual cases, be deployed as a subsidiary measure for police operations.

1. The Cantonal Police performs the duties of local security in accordance with Section 3, Paragraph 2. It also takes action if a municipality does not fulfill its police duties either with its own forces or through cooperation with the Cantonal Police, other municipalities, or private entities.

1. Municipalities that utilize the services of the cantonal police to ensure local security shall provide compensation to the canton.

2. The government council shall establish the criteria for the amount of compensation by ordinance. The extent of cost reimbursement shall correspond to the full costs of the expenses.

3. Extraordinary services shall be billed by the cantonal police based on the effort involved.

1. In cases of jurisdictional conflicts between the Cantonal Police and the Municipal Police, the competent department shall decide. Legal recourse to the Governing Council remains reserved.

2. The procedure shall be governed by the provisions of the Administrative Procedure Act (Verwaltungsrechtspflegegesetz, VRPG) of December 4, 2007.

3. Until the decision is made, the instruction of the Cantonal Police shall apply.

1. The police fulfill their duties in accordance with the legal foundations, in the public interest, and according to the principle of proportionality.

2. In the absence of specific legal foundations, the police act under the general police clause; they take measures necessary to eliminate a significant disturbance or to avert an imminent, significant threat to public safety and order, as well as to protect individuals, animals, and the environment.

3. The police document their actions in a comprehensible manner.

4. For the documentation of deployments, the police may use mobile audio and video recording devices. The recordings must be evaluated immediately. Data retention and destruction are governed by § 54.

1. Police actions are directed against

a) Persons or animals that disturb or pose an immediate threat to public safety and order by their behavior,

b) Persons who have actual control over the animal or object through which public safety and order are disturbed or immediately endangered.

2. To prevent a disturbance or an imminent, significant danger, police actions can be directed against other individuals if

a) Measures against the responsible persons according to paragraph 1 are not possible and promising in a timely manner, and

b) The other individuals can be engaged without posing a significant risk to them.

1. The delegation of sovereign police powers to private entities, particularly in regard to police measures and means of coercion as defined in §§ 29-46, is not permitted.

2. Sovereign powers are exercised by those who can mandate an action, omission, or tolerance to affected persons and can lawfully enforce this behavior.

3. The transport, surveillance, and care of already detained or imprisoned persons may be delegated to private security services.

4. Private security services, which take on tasks in accordance with paragraph 3, are subject to the supervision and the authority to issue directives of the cantonal police and are to be trained by them.

1. Provisions regarding police measures and police coercion apply to all police activities of the Cantonal Police and the municipal police forces. The authority to order or execute such measures is governed by §§ 12a and 12b and the following provisions.

2. Within the context of criminal proceedings, the provisions of criminal procedural law apply.

1. The police conduct preliminary investigations based on indications or their own observations to determine whether criminal acts are to be prevented or detected.

1. In justified cases, the police may control persons to prevent or detect criminal offenses and to avert danger. They may verify their identity and ascertain whether there is a search warrant for them or for items in their possession.

2. The controlled persons are obliged to provide their personal details upon request, present any identification documents they carry, show items in their possession, and for this purpose, open containers and vehicles.

3. The police may escort the controlled persons to the police station if

a) the identity cannot be ascertained on the spot or only with significant difficulty, or

b) there are indications that the persons are providing false information.

c) ...

4. The necessary clarifications are to be carried out promptly. The detained persons must be released immediately after clarification, but no later than after 5 hours.

1. The police may summon individuals in writing or verbally, stating the purpose, if it is necessary for conducting an interview or an identification procedure.

2. If the individual does not comply with the summons without sufficient reason, the police may bring them in. The summons must indicate the possibility of being brought in.

3. The bringing in can be ordered without a prior summons if there is imminent danger and it is feared that the summons will not be complied with.

1. The police may take individuals into custody if

a) they pose a serious and immediate danger to others, and the danger cannot be mitigated in any other way,

b) they are in a condition where they present a serious threat to themselves or others,

c) due to specific circumstances, it is seriously feared that they will immediately commit a significant crime or offense,

d) they disregard a restraining order, exclusion order, contact ban, or approach prohibition,

e) it is necessary for their transportation to, from, and between detention facilities.

2. Minors may only be taken into custody from the age of 15 years onwards. The juvenile prosecution office must be notified.

2bis In the case of minors or individuals under full guardianship, the legal representatives must be notified.

3. As part of the custody, confinement is also permissible if it is necessary to ensure or continue the measure.

4. Individuals taken into custody must be immediately informed of the reason for the measure and advised of their rights.

5. Individuals taken into custody have the right to have relatives informed, provided it does not contradict the purpose of the custody.

6. Custody lasts until the reason for it no longer exists, but no longer than 24 hours.

1. The police may question individuals insofar as it is relevant for the fulfillment of a police task.

1. The police may issue a search for persons with an unknown whereabouts if

a) the prerequisites for arrest or police custody are satisfied,

b) there is an urgent suspicion that they will commit a criminal offense,

c) * they have escaped from an institution or facility where they are required to stay for criminal or civil reasons,

cbis) * they evade a criminal or civil measure,

d) * they are reported missing,

e) * an official document must be delivered to them by the police.

1bis. The police may issue searches for persons, vehicles, watercraft, aircraft, and containers in accordance with the provisions of the Ordinance on the National Part of the Schengen Information System (N-SIS) and the SIRENE Bureau (N-SIS Ordinance) of March 8, 2013, for covert registration, targeted checks, and investigation inquiries in the Schengen Information System.

2. The search notice shall be revoked ex officio or upon request as soon as the reason for its issuance no longer exists.

1. If other methods of investigation have been unsuccessful or are deemed futile, the police may undertake measures to search for an escaped or missing person

a) conduct a public search using images and information about the person,

b) enter and search properties or premises if it is suspected that the sought person is present or if information regarding their whereabouts may be found there,

c) inspect the person’s records if it is suspected that they contain information about the person’s whereabouts,

d) demand the release of recordings from public or private video surveillance devices,

e) collect data that could provide insights into the person’s financial transactions, or

f) order the surveillance of postal and telecommunication traffic outside of criminal proceedings in accordance with the provisions of the Federal Act on the Surveillance of Postal and Telecommunication Traffic (BÜPF) of October 18, 2016.

2. A person is considered missing if their whereabouts are unknown or disproportionately difficult to ascertain and there are reasonable grounds to believe that their health or life is at risk.

3. Data according to paragraph 1 subsection e may only be gathered from third parties if there is concrete suspicion that they are financially supporting an escaped or missing person.

4. The measures pursuant to paragraph 1 subsections b-f require the approval of the Coercive Measures Court.

1. The police can order individuals to leave or stay away from a specific area if

a) they significantly endanger or disturb public safety and order,

b) they obstruct the deployment of police forces, fire brigades, or emergency services,

c) they seriously endanger other individuals or themselves,

d) it is necessary to protect the rights of other individuals, particularly for reasons of respect or decency,

e) they behave in a prohibited manner.

1bis

An order to leave or stay away may only last as long as necessary to protect the affected legal interests, but no longer than three months. If the measure lasts longer than 24 hours, it must be opened by a formal notice.

1ter

The area from which an individual is ordered to leave or stay away shall be only as large as necessary to protect the affected legal interests.

1quater

The police may take an individual to the police station to serve the order to leave or stay away through formal notice.

1quinquies

Instead of an order to leave or stay away, the police may impose a less severe measure by prohibiting certain behaviors of an individual within a specific area.

2. ...

3. ...

1. The police have the authority to temporarily prohibit individuals who are strongly suspected of using violence against members of their shared household or who threaten to use violence, from residing in the shared premises and their immediate surroundings, and to take measures necessary to enforce the prohibition. The individuals involved must be given a hearing before the order is issued, insofar as this is possible.

2. The eviction and restraining order in cases of domestic violence is initiated by an official decree and remains in effect until a judicial decision regarding a protective measure is made, but for no longer than 20 days.

**1. The police may issue a restraining or no-contact order against a person who repeatedly stalks, harasses, or threatens another person.**

**2. A restraining or no-contact order may only last as long as necessary to protect the affected legal interests, but no longer than three months. If it lasts longer than 24 hours, the measure must be enacted by an order.**

1. The Cantonal Police may conduct preventive surveillance of individuals in public or generally accessible places to prevent and detect crimes and offenses, as well as to avert danger, if

a) there are serious indications that crimes or offenses are imminent, and

b) the preliminary police investigations would otherwise be futile or unreasonably difficult.

2. Within the framework of preventive surveillance, the Cantonal Police may create image and audio recordings.

3. Preventive surveillance of proceedings and facilities attributable to the protected private sphere is inadmissible. Corresponding image and audio recordings that cannot technically be prevented must be immediately destroyed.

4. If preventive surveillance has lasted 30 days, its continuation requires the approval of the Compulsory Measures Court.

5. The Cantonal Police informs the Office of the Public Prosecutor, or in the case of minors, the Juvenile Prosecution Service of the application for approval pursuant to paragraph 4.

6. The Compulsory Measures Court informs the Office of the Public Prosecutor, or in the case of minors, the Juvenile Prosecution Service of the approval decision pursuant to paragraph 4.

7. The Cantonal Police shall inform the affected individuals no later than the conclusion of the preventive surveillance that they have been observed.

8. The notification pursuant to paragraph 7 can be postponed or omitted with the approval of the Compulsory Measures Court if

a) the findings are not used for evidentiary purposes, and

b) the postponement or omission is necessary to protect overriding public or private interests.

1. The cantonal police may use surveillance devices to determine the location of persons and objects within the framework of a preventive observation if

a) there are serious indications that an offense pursuant to Article 269 paragraph 2 of the Swiss Code of Criminal Procedure (Criminal Procedure Code, CPC) of October 5, 2007, is about to be committed,

b) the severity of the offense justifies the use of surveillance devices for location determination, and

c) other police measures have been unsuccessful or preliminary police investigations would otherwise be futile or disproportionately difficult.

2. The use of surveillance devices for location determination requires approval by the Compulsory Measures Court. Subject to paragraphs 3 and 4, the approval process is governed by Article 274 CPC, with the cantonal police responsible for obtaining the approval.

3. The cantonal police shall inform the Chief Public Prosecutor's Office or, in the case of minors, the Juvenile Prosecutor's Office of the application for approval pursuant to paragraph 2.

4. The Compulsory Measures Court shall inform the Chief Public Prosecutor's Office or, in the case of minors, the Juvenile Prosecutor's Office of the decision regarding approval pursuant to paragraph 2.

5. The cantonal police shall explicitly inform the affected persons, no later than in the context of the notification pursuant to § 35a paragraph 7, whether surveillance devices were used to determine the location of persons and objects during preventive observation.

6. The notification pursuant to paragraph 5 may be postponed or omitted with the consent of the Compulsory Measures Court if

a) the findings are not used for evidentiary purposes, and

b) the postponement or omission is necessary for the protection of overriding public or private interests.

1. To prevent and detect crimes and offenses, as well as to avert dangers, the Cantonal Police may establish contact with individuals without disclosing their true identity and function and may engage in sham transactions or pretend willingness to conclude such transactions if

a) there are serious indications that crimes or offenses are imminent, and

b) other police measures have been unsuccessful or preliminary police investigations would otherwise be futile or disproportionately difficult.

2. Undercover agents from Swiss or foreign police forces may be deployed as covert investigators.

3. The conduct of preventive covert investigations is governed by Art. 298c para. 2 StPO, with the Cantonal Police taking the place of the Public Prosecutor.

4. If a preventive covert investigation has lasted 30 days, its continuation requires approval by the Compulsory Measures Court.

5. The Cantonal Police shall inform the Chief Public Prosecutor's Office or, in the case of minors, the Juvenile Prosecutor's Office of the application for continuation pursuant to paragraph 4.

6. The Compulsory Measures Court shall inform the Chief Public Prosecutor's Office or, in the case of minors, the Juvenile Prosecutor's Office of the decision to grant approval pursuant to paragraph 4.

7. The Cantonal Police shall inform the affected persons no later than upon the conclusion of the preventive covert investigation that they have been subject to covert investigation.

8. ...

1. To prevent and detect offenses in accordance with Art. 286 para. 2 of the Swiss Code of Criminal Procedure (StPO), the cantonal police may deploy preventive undercover investigators who, under a long-term fabricated identity (legend), attempt to establish contact with other persons and build a trust relationship through active and targeted behavior.

2. Preventive undercover investigations may be ordered if

a) there are serious indications that an offense in accordance with Art. 286 para. 2 StPO is imminent,

b) the gravity of the offense justifies a preventive undercover investigation, and

c) other police measures have been unsuccessful, or preliminary police investigations would otherwise be futile or disproportionately difficult.

3. The following may be deployed as undercover investigators

a) Members of Swiss or foreign police corps,

b) Persons temporarily employed for police tasks, even if they do not have formal police training.

4. The conduct of preventive undercover investigations is governed by Articles 291-294 StPO, whereby the cantonal police replace the public prosecutor's office.

5. The order for a preventive undercover investigation requires approval by the compulsory measures court. Subject to paragraphs 6 and 7, the procedure is governed analogously by Art. 289 StPO, with the cantonal police responsible for obtaining the approval.

6. The cantonal police shall inform the chief public prosecutor, or the juvenile prosecutor in the case of minors, of the application for approval in accordance with paragraph 5.

7. The compulsory measures court shall inform the chief public prosecutor, or the juvenile prosecutor in the case of minors, of its approval decision in accordance with paragraph 5.

8. The cantonal police shall inform the affected persons, at the latest upon the conclusion of the preventive undercover investigation, that an investigation against them was conducted covertly.

9. The notification as per paragraph 8 may be deferred or omitted with the consent of the compulsory measures court if

a) the findings are not used for evidentiary purposes, and

b) the deferral or omission is necessary to protect overriding public or private interests.

10. Independently of a specific preventive undercover investigation, the cantonal police may also create legends for future investigative activities with the approval of the compulsory measures court, as per paragraph 1.

1. The Cantonal Police may carry out police measures in accordance with §§ 35a, 35c, and 35d under the same conditions in electronic data networks (Internet).

1. The police may observe individuals and record them and their statements in connection with public events and demonstrations, if there are indications that criminal acts might occur.

2. The recordings must be evaluated immediately. They may only be further processed if offenses have been committed, and must be destroyed as soon as the reason for recording no longer exists.

1. The Cantonal Police may conduct visual-electronic surveillance of certain publicly accessible locations to prevent and detect crimes and misdemeanors, as well as avert dangers. These are places where crimes have frequently been committed or are likely to occur, or they may access imaging devices belonging to third parties for this purpose.

2. Surveillance with imaging devices of events and facilities attributable to the protected private sphere is prohibited. Any corresponding images that cannot be technically prevented must be destroyed immediately.

3. Before ordering surveillance pursuant to paragraph 1, a data protection impact assessment according to § 17a para. 1 of the Public Information, Data Protection, and Archiving Act (IDAG) dated October 24, 2006, must be conducted. If the conditions pursuant to § 17b para. 1 lit. a and b IDAG are met, the intended surveillance must be submitted for prior consultation to the designated person for public and data protection.

4. The public must be informed on-site of the use of imaging devices by signs, displays on screens, or in another appropriate manner.

5. Data retention and destruction are governed by § 54.

1. The police can automatically capture vehicle license plates and cross-reference them with databases.

2. The automated cross-referencing is permissible with

a) * ...

b) lists of vehicle license plates whose owners have had their driving license revoked or denied,

c) specific search warrants issued by the cantonal police.

3. The automatically recorded data is to be deleted as follows

a) after 30 days if there is no match with a database,

b) in the event of a match with a database, in accordance with the regulations of the relevant administrative or criminal procedure.

4. The cantonal police may use the automatically recorded data for 30 days for the purpose of

a) investigation of crimes and offenses,

b) searching for missing or escaped persons.

1. The police may, if necessary for the fulfillment of their duties, carry out identification measures on individuals whose identity cannot be established or can only be established with considerable difficulty by other means.

2. Permissible identification measures are

a) taking of fingerprints and palm prints,

b) taking of photographs,

c) taking of DNA samples,

d) determination of external physical characteristics,

e) measurements,

f) handwriting samples,

g) other scientifically recognized methods.

1. The police may search individuals' clothing, body surfaces, or readily visible body openings and cavities for objects or traces when

a) it appears necessary for the protection of the police officer,

b) it appears necessary for the identification of the individual,

c) there is a suspicion that the individuals have items in their possession that need to be secured,

d) there are grounds for police custody,

e) the individuals are in a state preventing free will or are in a situation requiring assistance, and the search is necessary for their protection.

2. The search should, as far as possible, be conducted by a person of the same gender.

3. For more extensive physical examinations, the police will engage a doctor or other medical professional.

1. The police may search vehicles or other movable items if

a) they are carried by persons who may be searched according to § 38,

b) there is suspicion that a person is in the vehicle or movable item who is being unlawfully detained or who is to be taken into custody,

c) * there is suspicion that an item to be secured is in the vehicle or movable item,

d) * it appears necessary for the protection of the police officer.

2. Private premises and properties, as well as public buildings, may be entered and searched to the extent necessary to prevent an imminent danger, or if there is suspicion that a person who may be taken into custody is present there.

3. The search is to be conducted in the presence of those persons who exercise control over the matter, insofar as possible. If these persons are absent, a substitute person must be involved.

1. The police may seize animals or items for the purpose of

a) preventing a criminal offense,

b) averting an imminent danger,

c) determining the ownership rights,

d) ascertaining the authorization for possession and carrying of weapons in accordance with federal weapons legislation.

2. The reason for the seizure must be immediately communicated to the person from whom the item is seized.

1. If the conditions for the seizure have ceased to exist, the item must be returned to the person from whom it was seized.

2. After the disposal of the item, the proceeds must be issued after deducting the costs. There is no entitlement to compensation for lawfully destroyed items.

1. A seized item may be disposed of if

a) the rightful owner fails to collect it within three months despite notification,

b) no one claims ownership of the item,

c) the item rapidly depreciates in value,

d) the storage, maintenance, or preservation of the item is associated with disproportionately high costs or difficulties.

2. A seized item may be destroyed if

a) it could be disposed of, but the costs of storage and disposal clearly exceed the anticipated proceeds,

b) destruction appears necessary to avert a threat to public safety and order.

1. The costs for the seizure, storage, disposal, and destruction of items shall be borne by the person responsible according to § 26.

2. The release of the item may be made contingent upon payment of the costs. If payment is not made after a set deadline, the item may be disposed of and the costs deducted from the proceeds.

1. The cantonal police and the municipal police forces shall regularly report to the government council on the police measures they have ordered.

2. The government council shall regulate the details of the reporting by ordinance.

1. The police may exercise direct coercion against persons or objects and use appropriate means in order to fulfill their duties.

2. The exercise of direct coercion must be preceded by a threat of its use. The threat may be omitted if it would thwart the prevention of danger or the purpose of the measure.

1. The police may restrain individuals if they are being detained by the police, in police custody, temporarily arrested, or apprehended, and there is a suspicion that

a) * they will attack people or resist, injure animals, or damage property,

b) * they will flee or be liberated, or

c) * they will harm or kill themselves.

2. During police transport, individuals who have been deprived of their liberty may be restrained for security reasons.

1. The police may, if other available means are insufficient, make use of firearms or another weapon in a manner appropriate to the circumstances when

a) police officers or other persons are directly threatened or attacked dangerously,

b) official duties cannot be fulfilled without the use of weapons, in particular

1. when persons who have committed a serious offense or are urgently suspected of such attempt to evade arrest, provisional custody, or police custody by fleeing,

2. when the police must assume, based on received information or their own findings, that persons pose an immediate threat to the life and limb of others and attempt to evade arrest, provisional custody, or police custody by fleeing,

3. to free hostages,

4. to prevent an imminent serious criminal offense.

2. The use of weapons must be preceded by a clear warning call if the purpose and circumstances allow it. A warning shot may only be fired if the circumstances thwart the effect of a warning call.

3. Necessary assistance must be provided to any person injured by the use of the weapon.

4. The use of the weapon must be reported immediately to the competent police commander. If persons are injured or killed during the use of weapons, the competent investigative authority must be informed.

5. The government council regulates the specifics of weapon use, particularly the question of the admissibility of using special ammunition and the deployment of irritants or rubber bullets.

1. The Cantonal Police shall take the necessary advisory and preventive measures to protect endangered individuals when a situation of threat exists.

2. They fulfill these tasks notably by

a) Obtaining information on criminal prosecutions and sanctions from courts and law enforcement authorities, when there is a reasonable suspicion regarding the dangerousness of the violent or threatening individual,

b) Mediating within the scope of their duties, provided that the involved parties agree in advance,

c) Involving experts on a case-by-case basis, predominantly from the fields of public prosecution, police, correctional services, psychiatry, and medicine, who are required to maintain confidentiality regarding the particularly sensitive personal data they handle,

d) Informing other endangered third parties when their protection cannot otherwise be ensured. If the threat exists at the workplace and other employees of the same organizational unit are also at risk, the information shall be provided to the direct supervisor, who must maintain confidentiality regarding the particularly sensitive personal data they handle.

3. The Government Council shall regulate by ordinance the target groups that can avail of extended advisory and preventive services and may stipulate that these services are free of charge for them.

1. Members and employees of cantonal, regional, and municipal authorities may report to the police any threats concerning persons who may pose an increased risk of violence directed at third parties.

2. The right to report in accordance with paragraph 1 also applies to individuals subject to professional confidentiality as per § 19 of the Health Act (GesG) of January 20, 2009.

3. The police review the reports in accordance with paragraphs 1 and 2 and take the necessary measures.

1. If individuals give reason to believe that they will commit a serious crime, the Cantonal Police may address their behavior and inform them about lawful conduct as well as the consequences of non-compliance. For this purpose, the police may summon individuals, referring to the penalty warning of Article 292 of the Swiss Criminal Code of December 21, 1937.

2. The warning may also be issued in writing.

3. A protocol of the threat warning shall be prepared.

1. If, based on concrete and current indications, it is assumed that a person will commit a serious crime, the cantonal police may mandate that they report to a specific authority at designated times for a specified duration.

2. The duration of the measure is limited to six months. It can be extended by a maximum of six months at a time.

3. If the affected person is unable to fulfill the obligation, they must promptly inform the relevant authority and request an exemption from the reporting obligation, providing the reasons for such a request. The relevant authority grants the exemption only if there are important and substantiated reasons.

1. The cantonal police may take measures to protect persons outside of criminal proceedings.

2. In particular, they may equip vulnerable persons with a cover identity according to Article 288, paragraph 1 of the Code of Criminal Procedure and with the necessary documents for this purpose. This measure requires approval by the Compulsory Measures Court.

3. If the necessity for protection no longer exists or if the endangered person does not comply with the conditions imposed on them, the cantonal police shall revoke the measure. They shall inform the Compulsory Measures Court of the revocation of a measure pursuant to paragraph 2.

1. Anyone who obscures their identity by masking themselves at gatherings and demonstrations that require a permit, or at other public gatherings on public grounds, in order to evade prosecution shall be fined up to CHF 5,000.

2. The provisions of criminal procedural law apply to the proceedings.

1. Any person who contravenes a police order to leave or stay away, in accordance with § 34, during assemblies and demonstrations requiring a permit or other gatherings, shall be punished with a fine of up to CHF 5,000.

2. The provisions of criminal procedural law shall apply to the proceedings.

1. Affected individuals may file a complaint against the order and execution of police measures and the use of police force.

1bis. Against approval decisions pursuant to Art. 3a of the Concordat on Measures Against Violence at Sporting Events, the affected clubs may file a complaint.

2. The procedure is governed by the provisions of the VRPG.

1. Affected individuals may file a complaint with the President of the Administrative Court Chamber as the sole and final cantonal authority against the following police measures

a) Measures according to Articles 3b-9 of the Concordat on Measures Against Violence at Sports Events,

b) Evictions and exclusions according to Sections 34 and 34a,

c) Contact and restraining orders according to Section 34b,

d) Reporting obligations according to Section 46d.

2. The complaint must be submitted to the authority issuing the order. This authority shall forward its statement and the procedural records to the Administrative Court within three working days of receiving the complaint.

3. The complaint does not have a suspensive effect, unless otherwise ordered.

4. There is no requirement for an advance payment of costs.

5. There are no legal suspension periods.

6. Otherwise, the procedure is governed by the provisions of the Administrative Procedure Act (VRPG).

1. Affected individuals may file an appeal with the procedural management of the competent chamber of the Supreme Court as the sole and final cantonal instance against the following police measures and decisions

a) Ordering police custody pursuant to § 31,

b) Search measures pursuant to § 33a lit. b-f,

c) Preventive surveillance pursuant to § 35a,

d) Preventive surveillance with monitoring devices for location determination pursuant to § 35b,

e) Preventive covert search pursuant to § 35c,

f) Preventive covert investigation pursuant to § 35d.

2. The procedure is governed accordingly by Articles 396 and 397 of the Code of Criminal Procedure.

1. The police may process personal data and engage in profiling to the extent necessary to fulfill their statutory duties.

2. Private individuals performing police tasks shall not be granted access to particularly sensitive personal data.

3. The provisions of federal and cantonal data protection law apply.

1. The police may operate data processing and information systems with shared data storage to fulfill their duties.

1bis. The primary responsibility for data processing and information systems jointly operated by the cantonal police and municipal police forces lies with the cantonal police.

1ter. For the operation of data processing and information systems by law enforcement and correctional authorities, as well as other involved authorities with shared data storage, § 55d of the Introductory Act to the Swiss Code of Criminal Procedure (EG StPO) of March 16, 2010, applies.

2. The data of the criminal police and preventive state protection must be kept separate.

3. The government council regulates the categories of data to be processed in data processing and information systems and the purpose of processing by ordinance.

1. The police shall maintain a register of their data processing activities.

1. Data may be exchanged between police and administrative agencies of municipalities, the canton, cantons, and the federal government to the extent necessary for the performance of their duties.

2. ...

2bis In cases of domestic violence, the police shall inform the competent specialized agencies ex officio.

2ter The police may inform other authorities of the imposition of contact and proximity prohibitions, provided that these authorities rely on this information to perform their duties and the information is necessary to protect endangered individuals or third parties.

3. The disclosure of police data to third parties is permissible insofar as it serves the fulfillment of a task and is in the declared or, if a declaration cannot be obtained within a useful period, presumed interest of the affected persons.

4. ...

1. The cantonal police may, for the purpose of preventing and detecting crimes and offenses, in collaboration with police authorities of other cantons and with federal police authorities

a) operate data processing and information systems with shared data storage,

b) automatically exchange police data.

2. The government council shall regulate the principles of data processing and access rights by ordinance.

1. The right of the data subjects to be informed about the processing of personal data is guaranteed.

2. The provision of information may only be refused if this is necessary due to an overriding public or private interest and limited disclosure is not possible or reasonable.

1. Incorrect data shall be corrected ex officio or upon application.

1. Data must be destroyed ex officio when they are no longer required for the fulfillment of statutory tasks or for security and evidentiary purposes.

2. Reserved are the provisions regarding the archiving of data.

3. The executive council regulates the retention periods for data by ordinance.

1. The police authorities designate a person responsible for data protection within their organizational unit.

2. The person responsible for data protection has the following duties

a) they advise and support the employees of the organizational unit in processing personal data in compliance with data protection regulations and data security,

b) they conduct data protection impact assessments in accordance with § 17a IDAG,

c) they act as the contact person for the individual appointed for public relations and data protection.

1. Special Police Services by the Canton or Municipalities are generally subject to charges. Cost recovery may in particular be demanded from

a) the organizer for order and security services at events,

b) the perpetrator in cases of special effort or special operations,

c) the disturber in cases of intent or negligence,

d) the applicant for the protection of predominantly private interests.

2. ...

3. For municipal fees, the municipalities shall issue a regulation.

1. The municipality is liable for damages caused by the operations of contracted private security services, as well as by civil protection and fire department officials, in ensuring local security.

2. Individuals who have assisted police authorities and suffer harm as a result may be compensated for the damage incurred by the responsible municipality.

1. The following activities of private security services, when conducted on a commercial basis, are subject to a licensing requirement

a) Personal protection,

b) Private detective services,

c) Security of properties, buildings, hazardous materials, and valuable transports on behalf of third parties,

d) Performance of security tasks on behalf of the canton or municipalities.

2. A license is required for self-employed individuals, partnerships, and legal entities. The employment of workers assigned to security tasks is subject to a notification requirement to the supervisory authority.

3. Prerequisites for the issuance of the license include the managing person's legal capacity and good reputation.

4. The license is issued by the competent department for a period of no more than four years, with the condition that the quality standards recognized by the canton, in particular, the industry-wide collective labor agreement (GAV), are met.

5. Equivalent non-cantonal licenses are recognized. The decision on recognition is made by the competent department.

1. The operation of private security services is subject to the supervision of the cantonal police.

2. The permit is revoked by the competent department if

a) the conditions under which it was granted are no longer fulfilled,

b) legal provisions, requirements, or conditions have been violated,

c) employees assigned to security tasks are employed who are not suitable for the task.

3. Before the revocation of the permit, a warning is generally issued.

1. Private security forces do not possess sovereign powers, subject to § 27 paragraph 3.

2. They are obligated to cooperate reasonably with the police during joint operations.

1. The carrying of weapons is permitted in accordance with the federal weapons legislation.

1. Self-employed individuals, partnerships, and legal entities shall be fined up to CHF 20,000 if they engage in activities requiring a permit without obtaining such a permit, or if they violate other legal provisions or the conditions and requirements associated with the permit.

2. Both intentional and negligent offenses are punishable.

3. The provisions of criminal procedure law apply to the proceedings.

1. The Government Council may, upon request, provide financial support for measures to prevent crimes in order to ensure the safety of minorities with special protection needs.

2. According to paragraph 1, minorities are considered groups of persons in the canton who

a) are numerically smaller compared to the rest of the population in Switzerland,

b) in particular, share a common lifestyle, culture, religion, tradition, language, or sexual orientation,

c) have a strong attachment to Switzerland and its values, and

d) demonstrate a particular need for protection.

3. A particular need for protection exists when a minority is exposed to threats of attacks related to terrorism or violent extremism that exceed the general threat faced by the rest of the population.

4. Financial support can be received by non-profit organizations of public or private law whose regular activities in the canton of Aargau require protection.

5. As part of the application process, organizations must fully disclose their finances. Financial support is excluded for organizations under significant influence by other states, foreign organizations, or individuals.

1. This law shall be published in the legislative collection following the unused expiration of the referendum period or upon acceptance by the public. The government council shall determine the date of its entry into force.

1. Upon the entry into force of this law, the Law on the Organization of the Cantonal Police of March 8, 1955, is repealed.

1. The Law on Municipalities (Municipal Law) of December 19, 1978 is amended as follows

*Text inserted in the respective enactment.*

2. The Law on Criminal Justice (Code of Criminal Procedure, CCP) of November 11, 1958 is amended as follows

*Text inserted in the respective enactment.*

3. The Introductory Law to the Aliens Act (ILAA) of January 14, 1997 is amended as follows

*Text inserted in the respective enactment.*