Act on the Protection of Personality (Personality Protection Act, PSchG) (Persönlichkeitsschutzgesetz, PSchG) - Subject Matter (PSchG)

1. This law determines the competent authorities according to Articles 28ff. of the Swiss Civil Code (ZGB) and regulates the applicable procedure.

2. It regulates the measures for the reduction of violence, threats, and harassment as well as the cooperation of the relevant authorities. Measures according to the Law on Police Matters (Police Act, PolG) are reserved.

1. The Cantonal Court as a Collegial Court is responsible for adjudicating claims for the protection of personality according to Articles 28a and 28b of the Swiss Civil Code.

1. The Cantonal Court as a single judge is competent for

1. the judicial assessment of an immediate expulsion ordered pursuant to Article 8;

2. the adjudication of claims concerning the right to a counter-statement according to Article 28l of the Swiss Civil Code.

1. The Cantonal Police is responsible for the immediate expulsion in accordance with Art. 28b para. 4 of the Swiss Civil Code (ZGB).

1. The office is responsible for the execution of a court-ordered electronic monitoring. It may collaborate with third parties.

1. Unless otherwise specified by this law, the procedure before the civil judicial authorities is governed by the Swiss Code of Civil Procedure (CPC).

1. With the ordering of precautionary measures due to unlawful infringement of personality rights or measures according to Art. 28b of the Civil Code, the offending person can be judicially required to undergo counseling of a specified duration on dealing with violence.

1. The police establish the facts of the case and may immediately expel the offender from the apartment or house.

2. The expulsion must be ordered in writing. The police personally deliver the order to those affected.

The police confiscate all keys to the apartment or house from the expelled person. The expelled person is given the opportunity to take necessary items of personal need.

3. The expulsion is valid for 14 days from the notification to the offender. It is issued under the threat of penalty according to Article 292 of the Criminal Code.

1. The police shall inform about the content and duration of the expulsion order upon its delivery.

2. Furthermore, they inform

1. the offending person in writing about

a) the possibility of judicial review of the police order;

b) appropriate counseling services;

2. the injured person in writing about

a) the expiration of the expulsion measure after the specified duration;

b) the option to appeal to a civil court;

c) appropriate counseling services.

3. If personal delivery to the expelled person is not possible despite diligent inquiry, they shall be prompted by suitable public notice at their residence or usual place of stay to report immediately to the police. If they do not report within three days, the order shall be published in the official gazette along with a reference to paragraph 4, sentence 2.

4. The expelled person must provide the police with an address for official communications. If they fail to do so, summonses and orders under this law may be deposited with the police during the expulsion period and shall be deemed served.

1. The expelled person can request a review of the expulsion order's legality by the Cantonal Court as a single judge within 5 days of the order's issuance. The request for judicial review of the police expulsion must be submitted in writing, with reasons, and must include the order. The request does not have a suspensive effect.

2. The decision is made based on the records and submissions. The necessary measures to ascertain the facts are to be undertaken ex officio. An oral hearing may be conducted. The Cantonal Court as a single judge issues its decision within 4 working days from the receipt of the request.

3. An appeal against the decision of the Cantonal Court as a single judge can be filed with the Higher Court within 5 days.

1. If the injured person requests within 10 days of the issuance of the expulsion order for an interim measure due to an unlawful infringement of personality or during the divorce proceedings under Article 28b or Articles 175 ff. of the Swiss Civil Code, or if such proceedings are already pending, the expulsion is extended until the court's decision, but for no longer than 14 days.

2. The cantonal court informs the police and the affected parties about the extension of the expulsion.

1. The police expulsion order lapses when judicial measures are legally enforceable and executed.

2. Measures by civil judicial authorities are not annulled by the imposition of coercive measures under criminal procedural law.

1. If minors reside in the household of the affected person, the police shall immediately notify the Child and Adult Protection Authority of the ordered measure.

1. The police shall promptly transmit the expulsion order to the Cantonal Court.

2. If no application is filed with the Cantonal Court pursuant to Art. 10 or 11, the transmitted documents shall be destroyed.

1. The police transmit the expulsion order to the competent advisory center.

2. The Cantonal Court informs the advisory center about measures taken, provided no prior police expulsion in accordance with Art. 8 has occurred.

3. Upon receipt of the notification, the advisory center promptly contacts each of the affected individuals. If the contacted individuals refuse counseling, the transmitted documents are destroyed.

1. The court, before ordering electronic monitoring pursuant to Article 28c of the Civil Code, examines its enforceability together with the relevant authority.

2. The ordered monitoring measures are issued under the penalty threat according to Article 292 of the Criminal Code.

3. The court provides the final and binding order decision to the relevant authority and the police.

1. The office shall inform the court that ordered electronic monitoring of any violations against the imposed prohibitions according to Article 28b of the Civil Code or against imposed monitoring measures according to Article 28c of the Civil Code no later than the first business day after becoming aware of them.

2. The court reports these violations to the prosecuting authorities. It informs the parties and the police about it.

1. The recorded data regarding the involved persons may only be used for the enforcement of the imposed prohibitions.

2. The authority ensures that the data is deleted no later than twelve months after the conclusion of the imposed surveillance measure.

1. The Government Council designates specialized advisory services for the affected persons. It may operate the advisory services in collaboration with other cantons or assign third parties to handle them.

2. The services are defined in a service agreement.

1. The counseling centers advise the affected individuals. They provide or arrange for further assistance as necessary according to the specific circumstances.

2. They regularly inform the public about issues of violence, threats, and stalking, and promote preventive measures to reduce these issues.

1. The Cantonal Social Office coordinates the collaboration of authorities and counseling centers dealing with violence, threats, and stalking.

1. The immediate expulsion pursuant to Art. 28b para. 4 of the Civil Code is free of charge.

1. The allocation and assessment of the legal costs are determined in accordance with the provisions of the Code of Civil Procedure and the Court Costs Act.

2. The procedure pursuant to Article 10 is subject to costs. There is no obligation for an advance on costs.

1. The canton bears the costs for the basic services of the counseling centers.

2. The offending individuals bear the costs for the counseling themselves. The canton may provide contributions.

1. All provisions that conflict with this law are repealed, in particular the Introductory Ordinance of November 29, 1985, to the federal legislation on the protection of personality.

1. This law is subject to a facultative referendum.

2. It requires approval by the Confederation in accordance with Article 52, paragraph 4 of the final title of the Civil Code.

3. The government council determines the date of entry into force.