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Concordat on Measures against Violence at Sporting Events - Purpose

17 Articles / Provisions · Switzerland · Canton of Basel-Stadt
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Table of Provisions (17)

Statutory Text (17 Articles)

General Provisions

1. The Cantons, in cooperation with the Confederation, shall implement preventive police measures under this Concordat to prevent violent behavior, in order to identify and combat violence at sports events at an early stage.

General Provisions

1. Violent Behavior and Acts of Violence are specifically present when a person has committed or incited the following criminal offenses

a) Criminal acts against life and limb according to Articles 111-113, 117, 122, 123, 125 paragraph 2, 129, 133, 134 of the Criminal Code (StGB);

b) Damage to property according to Article 144 StGB;

c) Coercion under Article 181 StGB;

d) Arson under Article 221 StGB;

e) Causing an explosion under Article 223 StGB;

f) Public incitement to crime or violence under Article 259 StGB;

g) Breach of the peace under Article 260 StGB;

h) Violence and threats against authorities and officials under Article 285 StGB.

2. Violent behavior additionally includes endangering public safety by carrying or using weapons, explosives, gunpowder, or pyrotechnic objects at sports venues, in their vicinity, as well as on the way to and from such events.

General Provisions

**1. The following shall be considered evidence of violent behavior under Article 2:**

a) relevant court judgments or police reports;

b) credible statements or photographic evidence from the police, customs authorities, security personnel, or sports associations and clubs;

c) stadium bans from sports associations or clubs;

d) reports from a competent foreign authority.

**2. Statements pursuant to paragraph 1, letter b, must be recorded in writing and signed.**

1. Police Measures

1. A person who has demonstrably participated in acts of violence against persons or property in connection with sporting events may be prohibited from being in a specifically defined area around sporting events (zone) at certain times. The competent cantonal authority determines the scope of the individual zones.

2. The zone prohibition may be ordered for a maximum duration of one year.

3. The prohibition may be ordered by the authorities of the canton in which the person resides or in which they participated in the violence. The authority of the canton where the violence occurred has priority. The Swiss Central Office for Hooliganism (Central Office) may request the issuance of zone prohibitions.

1. Police Measures

1. In the order imposing an exclusion zone, the duration and scope of the exclusion zone must be specified. The order must be accompanied by a plan clearly designating the locations affected by the ban and their respective zones.

2. If the ban is issued by the authority of the canton where the violent act occurred, the competent authority of the canton where the affected person resides must be informed immediately.

3. Article 3 applies for proving involvement in violent activities.

1. Police Measures

**1. An individual may be required to report to a police station at specific times if:**

a) they have violated a regional ban according to Art. 4 or a travel restriction according to Art. 24c BWIS within the last two years;

b) it is assumed, based on concrete and current facts, that they cannot be deterred from engaging in violent behavior at sports events through other measures; or

c) the reporting requirement seems less severe compared to other measures in the individual case.

**2. The affected individual is required to report to the police station designated in the order at the specified times. Generally, this is a police station at their place of residence. The issuing authority considers the personal circumstances of the affected person when determining the location and times of reporting.**

**3. The authority of the canton in which the affected person resides issues the reporting requirement. The central office can request the issuance of reporting requirements.**

1. Police Measures

1. It is specifically assumed that a person will not refrain from violent activities at sporting events through measures other than a reporting obligation (Art. 6 para. 1 let. b) if

a) it is officially known, based on current statements or actions of the person concerned, that they would evade milder measures; or

b) the person concerned cannot be deterred from future acts of violence by milder measures due to their personal circumstances, such as living situation or workplace in the immediate vicinity of a stadium.

2. If the person subject to the reporting obligation cannot report to the competent authority (reporting office) according to Art. 6 para. 2 for important and verifiable reasons, they must immediately inform the reporting office and disclose their whereabouts. The competent police authority will verify the location and information provided by the person concerned.

3. The reporting office shall immediately inform the authority that imposed the reporting obligation of any reports made or not made.

1. Police Measures

1. Police custody may be ordered against a person if

a) there are concrete and current indications that they will participate in serious acts of violence against persons or property on the occasion of a national or international sporting event; and

b) this is the only way to prevent them from engaging in such acts of violence.

2. Police custody shall be terminated if its conditions cease to exist, in any case after 24 hours.

3. The affected person must appear at the police station of their residence or at another police station specified in the order at the designated time and must remain there for the duration of the custody.

4. If the affected person does not appear at the designated police station, they may be escorted there by the police.

5. Upon request of the affected person, the legality of the detention must be reviewed judicially.

6. Police custody may be ordered by the authorities of the canton in which the affected person resides, or by the authorities of the canton where the violence is feared. The authority of the canton where the violence is feared has priority.

1. Police Measures

1. National Sports Events pursuant to Art. 8 para. 1 letter a are events organized by the national sports federations or national leagues, or in which clubs from these organizations are involved.

2. Serious acts of violence within the meaning of Art. 8 para. 1 letter a are notably criminal offenses under Articles 111-113, 122, 123 section 2, 129, 144 para. 3, 221, 223, or under Art. 224 of the Criminal Code.

3. The competent authority at the residence of the concerned person designates the police station at which the person must report and determines the commencement and duration of custody.

4. The cantons designate the judicial authority responsible for reviewing the legality of police custody.

5. In the order, the concerned person must be informed of their right to have the deprivation of liberty reviewed by a court (Art. 8 para. 5).

6. The designated police station responsible for executing the custody must notify the ordering authority of the enforcement of custody. In the event of the concerned person's absence, the notification must be made immediately.

1. Police Measures

1. The competent authority for the measures pursuant to Articles 4-9 and the central office may recommend to the organizers of sports events to impose stadium bans on individuals who have become violent in connection with a sports event outside the stadium. The recommendation is made with the provision of the necessary data in accordance with Art. 24a para. 3 BWIS.

1. Police Measures

1. Measures pursuant to Articles 4-7 can only be imposed on individuals who have reached the age of 12 years. Police custody pursuant to Articles 8-9 can only be imposed on individuals who have reached the age of 15 years.

Procedural Provisions

1. An appeal against an order concerning measures pursuant to Articles 4-9 shall have suspensive effect if the purpose of the measure is not jeopardized and if the appellate authority or court expressly grants such effect in an interim decision.

Procedural Provisions

1. The cantons designate the competent authority for the measures pursuant to Articles 4-9.

2. The competent authority, for the purpose of enforcing the measures under Chapter 2, points out the penal threat of Article 292 of the Swiss Criminal Code (StGB).

3. The cantons report to the Federal Office of Police (fedpol) based on Article 24a, paragraph 4 of the BWIS

a) Orders and revocations of measures according to Articles 4-9 and 12;

b) Violations of measures under Articles 4-9 as well as the corresponding penal decisions;

c) The zones defined by them, including the relevant plans.

Final Provisions

1. The General Secretariat of the Conference of Cantonal Justice and Police Directors (KKJPD) informs the Federal Chancellery about the present concordat. The procedure is governed by Art. 27o RVOV.

Final Provisions

1. This Concordat shall enter into force once at least two cantons have acceded to it, but not before January 1, 2010.

Final Provisions

1. A member canton may terminate the concordat with one year's prior notice at the end of a year. The other cantons shall decide whether the concordat is to remain in force.

Final Provisions

1. The cantons shall inform the General Secretariat of the Conference of Cantonal Justice and Police Directors (KKJPD) about their accession, the competent authorities pursuant to Article 13 paragraph 1, and their withdrawal. The General Secretariat KKJPD shall maintain a list on the status of validity of the concordat.

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