CONCORDAT establishing measures against violence at sporting events (C-MVMS) - Objective (C-MVMS)

1. The cantons, in collaboration with the Confederation, establish preventive police measures aimed at preventing violent behavior within the meaning of this concordat to detect early and combat violence during sporting events.

1. Violent conduct and acts of violence include, in particular, when a person, before, during or after a sporting event, has committed or incited to commit the following offenses

a. offenses against life and physical integrity as referred to in Articles 111 to 113, 117, 122, 123, 125, paragraph 2, 126, paragraph 1, 129, 133 and 134 of the Swiss Criminal Code (SCC) [A];

b. property damage as referred to in Article 144 SCC;

c. coercion as referred to in Article 181 SCC;

d. intentional arson as referred to in Article 221 SCC;

e. explosion as referred to in Article 223 SCC;

f. the criminal use of explosives or toxic gases as referred to in Article 224 SCC;

g. public incitement to crime or violence as referred to in Article 259 SCC;

h. riot as referred to in Article 260 SCC;

i. violence or threats against authorities and public officials as referred to in Article 285 SCC;

j. obstruction of an official act as referred to in Article 286 SCC.

2. The act of threatening public safety by transporting or using weapons, explosives, gunpowder or pyrotechnic devices in stadiums or sports halls, in their vicinity and on the routes to and from them, is also considered violent conduct.

1. The following are considered proof of violent conduct according to Article 2

a. judicial decisions or police reports to that effect;

b. credible testimonies or visual recordings from the police, customs administration, security personnel, or sports federations and associations;

c. stadium bans issued by sports federations or associations;

d. communications from a competent foreign authority.

2. The testimonies referred to in paragraph 1, letter b, must be submitted in writing and signed.

1. Football and ice hockey matches involving clubs from the highest men's division are subject to authorization. Matches involving clubs from lower leagues or other types of sports may also require authorization if there is a concern for public safety near the match.

2. To prevent any violent behavior as defined in Article 2, the competent authorities may attach certain obligations to the authorization. This may include architectural and technical measures, requiring the event organizer to deploy certain personnel or other resources, rules regarding ticket sales, the sale of alcoholic beverages, or the handling of access control. Authorities may specifically define how the arrival and departure of visiting team supporters should be organized and under what conditions their access to stadiums or sports halls may be authorized.

3. The authority may require that spectators present identification to board organized supporter transport or to access stadiums or sports venues, and ensure through a comparison with the HOOGAN information system that no person subject to a valid stadium ban or measure under this agreement is admitted.

4. Violations of obligations may result in appropriate measures, including the withdrawal of authorization, refusal for subsequent matches, or the future granting of authorization with additional conditions. The recipient of the authorization may be required to compensate for damages resulting from the violation of obligations.

1. The police may conduct searches of female and male spectators by agents of the same sex during entrance checks at sporting events or before transporting supporters to the venue of such events to search for prohibited items, in cases of concrete suspicion, including under clothing and over the entire body. Searches must be performed in a location out of public view. Strip searches must be conducted with the involvement of medical personnel.

2. Authorities may authorize private security companies contracted by the organizer to control access to stadiums or sports arenas and organized supporter transports to frisk individuals, regardless of concrete suspicion, over clothing by persons of the same sex over the entire body, in search of prohibited items.

3. The organizer informs female and male spectators of their sporting event about the possibility of searches.

1. Any person who, in connection with sports events, has verifiably participated in acts of violence directed against persons or property may be subject, for specified periods, to a prohibition from entering a clearly defined zone surrounding the venue where sports events are taking place (perimeter). The competent authority defines for which perimeters the prohibition is valid.

2. The perimeter ban is pronounced for a maximum duration of three years. It is possible to define perimeters throughout Switzerland.

3. It may be pronounced by the following authorities

by the competent authority of the canton in which the act of violence was committed; by the competent authority of the canton of domicile of the person concerned; by the competent authority of the canton where the club with which the person concerned is associated has its registered office.

If jurisdictions conflict, the order of enumeration in this paragraph determines priority.

4. The Swiss Hooliganism Observatory (observatory) and the Federal Office of Police (fedpol) may request that perimeter bans be pronounced.

1. The area prohibition decision must specify its duration and geographic scope. It must be accompanied by indications that allow the concerned person to have detailed knowledge of the relevant areas.

2. The authority that made the decision shall promptly inform the other authorities mentioned in Article 4, paragraphs 3 and 4.

3. No change.

1. A person may be obliged to report for a period of up to three years to an office designated by the competent authority at specified times in the following cases

a. they have participated in acts of violence against persons within the meaning of Article 2, paragraph 1, letters a) and c) to j). Assaults within the meaning of Article 126, paragraph 1 of the Swiss Criminal Code (SCC) are excepted;

b. if they have engaged in property damage within the meaning of Article 144, paragraphs 2 and 3 SCC;

c. they have used weapons, explosives, gunpowder or pyrotechnic devices with the intent to harm or injure third parties or they were prepared to accept this;

d. a measure within the meaning of this concordat or a ban on entering a given country within the meaning of Article 24c of the Federal Act on Measures for Maintaining Internal Security (MSIA) has already been issued against them in the preceding two years and they have again committed an act of violence within the meaning of Article 2;

e. concrete and recent facts suggest that other measures will not be sufficient to deter them from committing acts of violence during sporting events;

f. the obligation to report appears in the specific case to be a less restrictive measure than others.

2. The person concerned must report to the office mentioned in the decision at the indicated times. Where possible, this will be an office at the person's place of domicile. The authority that ordered the measure shall take into account the personal situation of the person concerned when determining the place and times at which they must report.

3. The competent authority at the domicile of the person concerned shall issue the obligation to report. The Observatory and fedpol may request that such obligations be issued.

1. There are grounds to believe that measures other than the reporting obligation will not suffice to deter a person from committing acts of violence at sporting events (Art. 6, para. 1, lit. e), notably

a. when recent statements or actions by the person concerned indicate that they would circumvent less stringent measures taken against them; or

b. that less stringent measures taken against the person concerned could not prevent them, due to their personal situation, for example, if their place of domicile or work is close to a stadium, from committing acts of violence at subsequent sporting events.

2. If, for important and justified reasons, the person concerned cannot report to the competent office in accordance with Article 6, paragraph 2, they must immediately inform the office where they are required to report and indicate their whereabouts. The competent police authority shall verify whether the whereabouts and information provided by the person concerned are accurate.

3. The office where the person is required to report shall immediately inform the authority that ordered the reporting obligation whether or not the person concerned has reported.

4. …

1. A custody order may be issued against a person under the following conditions

a. concrete and recent evidence indicates that the person will participate in serious acts of violence against persons or property during a national or international sporting event;

b. this measure is the only way to prevent them from committing such acts of violence.

2. The custody order must terminate when the conditions justifying it are no longer met, but no later than after 24 hours.

3. The person concerned must report to the police station of their place of domicile or to another police station mentioned in the decision on the date and at the time indicated and must remain there for the duration of the custody order.

4. If the person concerned does not report to the indicated police station, they may be brought there by the police.

5. If the person concerned requests it, a judge shall verify that the deprivation of liberty is in accordance with the law.

6. The custody order may be issued by the authorities of the canton in which the person concerned is domiciled or by the authorities of the canton in which the acts of violence are likely to be committed. The decision of the authorities of the canton in which the acts of violence are likely to be committed shall prevail.

1. The national sports events referred to in Article 8, paragraph 1, letter a, are matches organized by sports federations or national leagues, or in which clubs from these organizations participate.

2. Serious acts of violence as defined in Article 8, paragraph 1, letter a, specifically include offenses identified in Articles 111 to 113, 122, 123, number 2, 129, 144, paragraph 3, 221, 223, or 224 of the Criminal Code [A].

3. The competent authority of the person's place of residence designates the police station where the person must report and sets the start and end of custody.

4. The cantons designate the judicial body responsible for verifying whether the custody complies with the law.

5. The right of the person concerned to request that a judge verify whether the deprivation of liberty is legal (Art. 8, para. 5) must be included in the decision.

6. The designated police station for carrying out custody informs the authority that ordered the measure that the custody has taken place. If the person does not report to the police station, the authority that ordered the measure must be informed immediately.

1. The competent authority to order the measures referred to in Articles 4 to 9, the Observatory, and fedpol may issue a recommendation to the organizers of sporting events to impose a stadium ban against individuals who have committed acts of violence inside or outside the stadium during a sporting event. The recommendation is accompanied by the necessary data according to Article 24a, paragraph 3 LMSI [B].

1. The measures provided for in Articles 4 to 7 may only be ordered against persons aged at least 12 years. The custody provided for in Articles 8 and 9 may only be ordered against persons aged at least 15 years.

1. Appeals against decisions made by authorities under Article 3a do not have a suspensive effect. The appellate body may grant a suspensive effect upon the request of the appealing party.

2. An appeal against a decision concerning the measures referred to in Articles 4 to 9 has a suspensive effect when it does not compromise the purpose of the measure and when the appellate authority or judge expressly accepts the suspensive effect in an interim decision.

1. The cantons shall designate the competent authorities for granting the authorizations referred to in Article 3a, paragraph 1, and for ordering the measures referred to in Articles 3a, paragraphs 2 to 4, 3b, and 4 to 9.

2. Any decision concerning measures taken under Chapter III must mention the content of Article 292 SCC [A].

3. The competent authorities shall inform the Federal Office of Police (fedpol) in accordance with Article 24a, paragraph 4, LMSI [B]

a. of the measures referred to in Articles 4 to 9 and 12 that they have ordered or lifted;

b. of violations of the measures provided for in Articles 4 to 9 and the resulting criminal decisions;

c. of the perimeters they have defined.

1. The General Secretariat of the Conference of Cantonal Justice and Police Directors (CCDJP) informs the Federal Chancellery of the present concordat. The procedure is governed by Article 27o OLOGA [C].

1. Without Change.

2. The amendments of February 2, 2012, come into effect for the cantons that approve them on the date their decision to adhere becomes enforceable.

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

1. The cantons shall inform the General Secretariat of the CCDJP of their accession, the competent authority in accordance with Article 13, paragraph 1, and of their withdrawal. The General Secretariat of the CCDJP maintains a list of the member cantons of the concordat.