Act on the Cantonal Ordinance Fines Procedure (Cantonal Ordinance Fines Act, kOBG) - Subject Matter (LCAO)

1. This law governs the simplified procedure for imposing fines for infractions against the cantonal misdemeanor and administrative criminal law (cantonal fine procedure).

2. For municipal infractions, the provisions of this law apply mutatis mutandis. In place of the government council, the municipal council takes over. The fines are allocated to the municipalities.

3. Fine lists established by the municipal councils are reviewed and approved by the government council for their legality and appropriateness.

1. A fixed penalty is imposed on anyone who commits an offense listed in any of the following enactments

1. Law on Settlement and Residence;

2. Cantonal Criminal Code;

3. Water Act;

4. Health Act;

5. Dog Act;

6. Cantonal Forest Act;

7. Fisheries Act;

8. Hospitality Act.

2. The Government Council regulates, by ordinance, which offenses are to be sanctioned with fixed penalties.

3. The cantonal fixed penalty procedure in the area of hunting is governed by hunting legislation.

1. The fine for an offense is a maximum of CHF 300; the regulatory council determines the specific fine amount in an ordinance.

2. The personal history and circumstances of the accused person are not taken into consideration.

1. The police authorities are responsible for the collection of all cantonal fines.

2. The government council shall designate, in a regulation, other authorities responsible for the collection of cantonal fines within their area of responsibility.

3. The authorities responsible for the collection of cantonal fines must identify their function to the accused person; subject to the provisions of Art. 52 para. 1 of the Police Act.

1. The cantonal ordinance fines procedure is applicable when the competent authority has directly determined the infraction.

1. An infraction is not punished under the cantonal ordinance fine procedure if

1. it was committed by a suspect who had not yet reached the age of 15 at the time of the infraction;

2. the suspect endangered or injured someone or caused damage in connection with the infraction;

3. the suspect is also accused of an infraction that is not listed in the schedule of ordinance fines;

4. procedural actions are required under the Code of Criminal Procedure that are not mentioned in this law.

1. If an accused person commits one or more violations through simultaneous actions or omissions, each qualifying for a fine under the ordinance fine procedure, the individual amounts will be added together, and a total ordinance fine will be set.

2. If the expected total ordinance fine exceeds CHF 600.-, a regular criminal procedure will be initiated for all offenses.

1. The accused person may pay the administrative fine immediately or within 30 days (reflection period).

2. The competent authority must inform the accused person that they may reject the cantonal administrative fine proceedings. If the accused person rejects this procedure for one or more of the alleged offenses, a regular criminal procedure will be initiated.

3. If the accused person pays immediately, they will be issued a receipt without their name.

4. If the accused person does not pay immediately, their identity must be established. They receive a reflection period form and a payment slip. The competent authority retains a copy of the form.

5. If the accused person pays the administrative fine within the reflection period, this copy is destroyed. If they do not pay the administrative fine within the reflection period, a regular criminal procedure will be initiated.

6. The government council regulates the content of the receipt and the reflection period form as well as electronic processing in an ordinance.

1. The imposition of the administrative fine ensures the seizure of objects and assets that are to be confiscated pursuant to Articles 69 and 70 of the Swiss Criminal Code (StGB).

2. Objects and assets that have been seized shall be considered confiscated upon the payment of the administrative fine.

1. Anyone who does not reside in Switzerland and does not pay the fixed penalty immediately is required to deposit the amount or provide an appropriate security.

2. If the reflection period according to Art. 8 para. 1 expires without being used or if the accused person explicitly accepts the fixed penalty within this period, the deposited amount will be offset against the fixed penalty. This offset constitutes payment.

1. Upon payment or settlement, the administrative fine becomes legally binding.

1. In the cantonal ordinance fine proceedings, no official costs are charged.

1. The Executive Council enacts the provisions necessary for the implementation of this law in a regulation.