Regulations on the archiving of judicial records - Subject Matter and Scope

1. This regulation applies to the archiving of records from

a) municipal judges;

b) police courts;

c) criminal investigation judges;

d) district judges;

e) juvenile courts;

f) circuit courts;

g) cantonal examining magistrates;

h) public prosecutors;

i) the cantonal court.

2. Furthermore, it governs third-party access to the archived materials of judicial authorities.

1. All records of the court authorities that are deemed worthy of archiving shall be archived and permanently preserved.

1. Documents refer to all data recorded on paper.

2. Data stored on electronic media are governed by the law on the protection of personal data.

3. Archival material of judicial authorities includes dossiers of concluded proceedings as well as documents that are useful for the history of the judicial authorities listed in Article 1 and are no longer needed by them on a permanent basis.

4. Documents are considered worthy of archiving if they are of legal or administrative significance or possess a high informative value.

1. The judicial authorities listed in Article 1 are responsible for the archiving of the files they have created.

2. If a dossier is handled by several successive instances, it shall be archived in its entirety by the authority that made the decision at the initial instance.

3. The collegiate authorities shall designate a person responsible for the management of the archives.

4. The management of the archives in accordance with the principles of this regulation is generally the responsibility of the clerks' offices of the various instances or a court clerk designated by the competent authority for this purpose.

1. The Cantonal Court as the Supervisory Authority over Judicial Authorities

a) monitors the application of this regulation by the respective authorities;

b) enacts all measures necessary for its enforcement;

c) consults the Cantonal Archive as an advisory body when necessary.

2. With regard to the Municipal Judges and the Police Courts, this supervision is exercised by the District Judges.

1. The following case files, which are not returned to the parties, are permanently retained

a) the court documents;

b) the evidence collected during the instruction phase;

c) the procedural directions and orders;

d) the judgment.

2. The files of a criminal investigation concluded with a penal order are destroyed after thirty years.

1. Administrative records that are significant for the history or development of the relevant institution shall also be archived, provided they are worthy of archival preservation.

2. Requests for inspection shall also be archived.

1. The municipalities serving as seats are required to provide archive premises for the judicial authorities.

2. These premises are to be exclusively reserved for archiving and must be arranged in such a manner that ensures the security and impeccable preservation of the files.

3. They must have sufficient space to accommodate several years' worth of records, as well as a designated area for inspection.

4. The cost distribution between the state and municipalities is carried out in accordance with the relevant provisions.

1. After 50 years, the archival material may be transferred to the Cantonal Archive. The respective judicial authority must include a detailed inventory in two copies with each transfer. After the archival material is registered, one copy of the inventory shall be signed by the Cantonal Archivist and returned to the respective judicial authority.

1. After the expiration of the protection period of 50 years, the archival material may be accessed by any person. This period may be extended by the competent judicial authority if a predominant legitimate public or private interest opposes the inspection by third parties.

1. The protection period for case files begins at the end of the year in which the last procedural action was taken, and for the remaining files from the end of the year of the last document contained in the relevant dossier.

2. The protection period applies to the entire dossier or the entirety of the relevant files.

1. Access during the protection period may be granted, in particular, if

a) the consent of the affected persons is obtained;

b) the affected persons have been deceased for more than ten years;

c) the documents are already accessible to the public, and there are no new reasons opposing access.

2. To protect personal rights or important public or private interests, access may be restricted, especially if the proceedings took place without public participation or involve juvenile court dossiers.

1. Finding aids such as subject indexes and inventories, which facilitate access to the archival materials, are freely accessible.

1. To inspect, a substantiated written request must be addressed to the relevant judicial authority or the custodian of the archival materials.

2. The request shall include

a) the personal details of the applicant;

b) information regarding the purpose of the research as well as a precise description, as possible, of the archival materials to be inspected.

1. The competent judicial authority shall decide on the application. It shall attach the necessary conditions and requirements to the authorization for inspection. In the case of collegial authorities, the decision is made by their president.

2. The provisions of the law on administrative procedure and administrative justice are applicable.

1. Subject to any differing regulations, the right to access includes

a) the consultation of finding aids;

b) the consultation of records;

c) the making of handwritten notes;

d) the reproduction of document records.

2. The right to access archival materials is generally exercised at the designated location.

1. Access to the archival materials is free of charge. This is subject to cases where access requires significant assistance from the personnel of the respective court.

2. The fee rates applicable before the judicial authorities apply to reproductions.

1. Appeals against orders of the judicial authorities or the custodian of the archival material can be brought before the Cantonal Court.

1. This regulation, adopted by the Cantonal Court in its session on September 5, 2001, shall enter into force on February 1, 2002.