Contraventions Act (UeStG) - Application of the Penal Code (StGB) and the Administrative Offenses Act (OBG) (UeStG)

1. The general provisions of the Swiss Criminal Code of December 21, 1937 (StGB) apply to the offenses punishable under cantonal criminal law, subject to the following provisions.

2. The Administrative Penalties Act (OBG) of March 18, 2016, also applies to proceedings under cantonal administrative penalties law.

1. Offenses Punishable Under Cantonal Law

Offenses punishable under cantonal law are also punishable when committed negligently, unless the intent of the provision is to make only intentional commission punishable.

1. Violations of this law shall be punished with a fine.

2. In minor cases, a reprimand may be issued.

3. If administrative decrees contain only a general threat of punishment, the penalty is a fine.

1. Municipalities have the authority to establish penal provisions for specific acts to enforce the regulations they have enacted.

2. Penal provisions of municipalities require approval by the governing council.

3. Prosecution is conducted in the ordinary procedure. However, it proceeds only upon complaint by the municipality.

1. The Lucerne police and the enforcement authorities designated in special decrees collect the administrative fines for violations against cantonal law for which the summary penalty order procedure is applied.

2. The government council regulates by ordinance which minor violations against cantonal law are subject to an administrative fine and determines the amount of fines for individual violations.

3. It designates the authorities responsible for the collection of administrative fines under federal law.

1. Whoever neglects a person in need who has been entrusted to him or her shall be punished with a fine, if the act does not fall under Article 219 of the Criminal Code.

2. The criminal authority shall notify the Child and Adult Protection Authority.

1. Whoever, without authorization, places or causes to be placed signs, inscriptions, or posters on public or private property,

or who defiles or disfigures public or private property, particularly by throwing, depositing, or leaving waste outside of waste facilities or collection points,

shall be punished with a fine.

2. The violation of private property is prosecuted only upon request.

1. Anyone who, through a breach of duty in the practice of a sport, in the supervision of persons, in the handling of dangerous facilities, or in the use of hazardous materials, significantly endangers other persons, shall be punished with a fine.

1. Any person who disguises themselves to remain unrecognizable at gatherings, demonstrations, or other assemblies requiring permission on public grounds shall be punished with a fine.

2. The competent authority may grant exceptions in justified cases.

1. Anyone who orders or causes to be ordered official or company stamps without authorization shall be punished with a fine.

1. Anyone who manufactures, causes to be manufactured, keeps in custody, allows to be kept in custody, or transfers to another person weapons, tools, or devices that he or she knows or must assume are intended for the commission of a crime, shall be punished with a fine.

2. ...

1. Anyone who does not properly confine or supervise a dangerous or vicious animal shall be fined.

2. The authorities may order the animal to be put down.

3. Furthermore, the government council is authorized to issue a regulation regarding the keeping of wild and dangerous animals. The government council may establish additional offenses in this regulation.

1. Anyone who unlawfully fires a gun or detonates explosive charges in settlements, near buildings, or at night, at weddings, or on other occasions, shall be punished with a fine.

1. Anyone who publicly incites offenses or disobedience against decrees or orders of the authorities shall be punished with a fine.

1. Any person who misuses bells or alarm devices to cause disturbance or harassment shall be punished with a fine upon motion.

1. Whoever disturbs the night's peace through noise or gross mischief,

or conducts themselves in a manner grossly offensive to public decency and propriety,

shall be punished with a fine.

1. Any person who causes public nuisance through intoxication shall be punished with a fine.

2. The police may take intoxicated individuals who cause public nuisance home or to hospital care to prevent further disturbances or detain them for up to 24 hours.

1. Whoever violates general prohibitions issued based on the Code of Civil Procedure under reference to this penalty warning shall be fined upon request.

1. Whoever refuses to provide their personal details upon legitimate request from an authority or administrative official who properly identifies themselves, or intentionally provides false information, shall be punished with a fine.

1. Whoever fails to comply with an order issued by members of the police within their authority,

or unlawfully interferes with the official duties of police personnel,

shall be punished with a fine.

1. Whoever fails to comply with a request from a police officer to provide them with emergency assistance, when such compliance can reasonably be expected under the circumstances,

or who prevents others from providing such assistance or intentionally disrupts them in doing so,

shall be punished with a fine.

1. Whoever secretly disposes of, abandons, or burns a corpse or parts of a corpse shall be punished with a fine.

2. Attempt and complicity are punishable.

1. Whoever practices a profession, operates a trade or commercial business without the required authorization, or exceeds the powers contained in the authorization,

whoever unlawfully uses a title or professional designation (such as an academic title, diploma, patent, etc.) in order to give the appearance of special honors or abilities,

shall be punished with a fine.

1. Anyone who collects donations publicly or door-to-door without a permit, or sells badges and similar items, shall be punished with a fine.

2. The proceeds of the collection shall be confiscated and used for charitable purposes, provided that a refund to the donors is no longer possible or the costs of the refund would be disproportionate to the donations.

3. The government council shall regulate the collection of donations and the sale of badges by means of an ordinance.

1. A fine shall be imposed upon

a. anyone who employs deceptive or unfair methods while begging,

b. anyone who begs in an organized manner,

c. anyone who sends other persons, particularly children or individuals in a dependent relationship, to beg.

2. A fine shall be imposed on anyone who begs in public spaces or publicly accessible locations and thereby disrupts public safety, peace, and order, specifically through

a. intrusive, intimidating, or aggressive begging,

b. begging at locations with a high density of people and limited space such as entrances, exits, or public transportation stops,

c. begging at sensitive locations such as ATMs and payment machines, school grounds, playgrounds, cemeteries, or underpasses,

d. going door to door for begging.

3. Under subsections 2b and 2c, punishment can only be imposed on those who disregard a directive to leave issued by the police.

4. Assets obtained through unlawful begging as specified in paragraph 1 may be seized and confiscated.

1. Anyone who deliberately provides false information in a civil or administrative proceeding as a witness, expert, or translator, or during party examination in a civil proceeding, after being admonished to tell the truth and being informed of this penal provision, and who confirms this with a signature, shall be punished with a fine, unless Articles 307 or 309 of the Criminal Code are applicable.

1. Whoever, by bypassing the legal process, takes unauthorized actions to enforce a real or perceived right, shall be punished with a fine upon request.

1. Anyone who communicates with inmates in correctional facilities without permission or smuggles items into or out of the facility shall be punished with a fine.

2. Attempt and aiding and abetting are punishable.

3. The smuggled goods are forfeited to the state. The government council regulates further details by means of an ordinance.

1. Anyone who, in self-defense or under necessity, has killed or significantly injured a person and does not immediately report this to the police shall be punished with a fine.

1. Whoever becomes credibly aware of a plan to commit a felony at a time when its prevention is possible and fails to promptly report it to the police or the threatened person shall be punished with a fine if the act is committed or attempted.

2. This duty to report applies to felonies against life and limb, against freedom, against public health, against the state and national defense, as well as to crimes endangering public safety.

3. If the offender stands in such close relation to the favored person that their conduct is excusable, the prosecuting authority may refrain from punishment (Art. 305 para. 2 Penal Code).

1. The Law on the Introduction of the Swiss Criminal Code (StGB) of December 21, 1937, in the Canton of Lucerne of December 18, 1940, is repealed.

2. Insofar as penal provisions of cantonal enactments threaten punishments of workhouse or imprisonment, fines shall take their place.

1. Penal provisions issued by municipalities prior to the coming into force of this law require the approval of the government council, even if the respective ordinance has already been approved previously.

2. Existing penal provisions that are not approved within one year of the coming into force of this law shall cease to be in effect at that time.

3. Insofar as the penal provisions of municipal ordinances threaten imprisonment or fines as a penalty, fines shall replace them.

1. The law comes into effect on January 1, 1977. It is subject to an optional referendum.