Police Act (PolG) (POLG)

This Act defines the duties of the police and the subject matter,

manner, and means of their performance.

1 Scope of Application

1 This Act applies to the Cantonal Police and the communal police forces (city and municipal police forces).

2 For police activities in the context of criminal prosecution, only § 32g and the provisions of Sections 3, 5, and 8 apply. Otherwise, these police activities are governed in particular by the provisions of the Criminal Procedure Code13 and the GOG7.19

3 For private entities providing security services, only the provisions of Section 9 of this Act apply.23

**Section 2: Duties of the Police**

1 The police contribute to maintaining public safety and order through information, advice, visible security presence, and other suitable measures.

**2 In particular, they take measures for:**

a. Preventing and detecting criminal offences,

b. Increasing road safety and preventing accidents in road traffic and on public waters,

c. Averting immediately threatening dangers to people, animals, the environment, and property, and for eliminating corresponding disturbances.

**3 If they identify criminal acts in the process, they investigate according to**

19 1 Based on tips or its own observations, the police conduct preliminary investigations to determine whether

a. criminal acts are to be prevented or

b. criminal acts are to be clarified.

2 The activities of the police within the scope of police preliminary investigation are governed by this law.

3 The police cooperate in the clarification of criminal offenses in preliminary proceedings according to Art. 299 et seq. of the Criminal Procedure Code and fulfill the tasks according to the Criminal Procedure Code for this purpose.

The police assist people who are directly threatened in life and limb.

The police provide official and enforcement assistance to the judicial and administrative authorities insofar as police cooperation is provided for by the legal order or is necessary for its implementation.

The police may exceptionally take precautionary measures

to protect private rights if their existence is made credible, judicial protection cannot be obtained in a timely manner, and without police assistance, the exercise of the right would be thwarted or significantly hindered.

Section 3: Fulfilment of Tasks in General

A. Principles of Police Action

1 The police are bound by the legal order when fulfilling their duties.

2 They respect the constitutional rights and human dignity of individuals.

3 If the police fulfill their official and professional duties as commanded or permitted by law, they act lawfully, even if the act is punishable under the Criminal Code12 or another law.

The police may, in individual cases and even without a specific

statutory basis, take urgent measures to avert or eliminate

imminently threatening or actual serious disturbances of public safety

and order.

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Police Act (PolG)

550.1

1 Police Action

1 Police action must be necessary and suitable for the fulfillment of police tasks related to proportionality.

2 Among several suitable measures, those must be taken which are likely to least impair the affected persons and the general public.

3 The measures must not lead to a disadvantage that is in a recognizable disproportion to the pursued purpose.

4 Measures must be lifted when their purpose has been achieved or when it becomes apparent that it cannot be achieved.

1 The police observe the special protection needs of minors. They consider their age and developmental stage, particularly when applying police force.

2 They safeguard the information needs of the minors' legal representation.

1 The police document their actions appropriately.

2 They ensure that the forces deployed can be identified.

Documentation

B. Police Coercion

1 Use of Coercion and Equipment

1 In order to fulfil its duties, the police may, within the principle of proportionality, apply direct coercion against persons, animals, and objects, and employ suitable operational resources and weapons.

2 The Government Council designates the permissible operational resources, weapons, and types of ammunition.

1 Before using direct physical force, the police shall threaten

its use and give

a. the person concerned an opportunity to comply with the police instruction,

b. uninvolved third parties an opportunity to remove themselves.

2 No threat is required if

a. the danger can only be averted by immediate use of direct physical force, or

b. it is obvious that the use of direct physical force is imminent.

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Duty of assistance

of the police

Restraint

Use of firearms

550.1

Police Act (PolG)

When persons are injured by the application of immediate physical

force, the police shall provide them with the necessary assistance and

procure medical help, as far as circumstances permit.

1 Securing Individuals with Restraints

The police may secure an individual with restraints if there is a well-founded suspicion that the individual will

a. assault people, resist police orders, injure animals, damage property, or attempt to remove such property from confiscation;

b. flee, free others, or be freed themselves;

c. commit suicide or self-harm.

**2 Restraints During Transport**

During transport, individuals may be restrained for safety reasons.

1 If other available means are insufficient, the police may use firearms in a manner appropriate to the circumstances.

2 The use of firearms may be justified, in particular

a. if members of the police or other persons are dangerously attacked or are directly threatened with a dangerous attack,

b. if a person has committed a serious crime or a serious offense or is urgently suspected of such and intends to flee,

c. if persons pose an immediate imminent danger to the life and limb of others and attempt to evade arrest,

d. for the liberation of hostages,

e. to prevent an immediately impending serious crime or serious offense against facilities serving the public which, due to their vulnerability, pose a particular danger to the public.

3 The use of firearms must be preceded by a clear warning call, provided that the purpose and circumstances permit. A warning shot may only be fired if the circumstances frustrate the effect of a warning call.

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Police Act (PolG)

550.1

4th Section: Police Measures

A. Principles

1. **Police Action Directed Against Persons**

Police action is primarily directed against the person who directly disturbs or endangers public safety and order, or who is responsible for the corresponding behavior of a third person.

2. **Police Action Directed Against Animals or Objects**

If a disturbance or danger to public safety and order directly emanates from an animal or an object, police action is directed against the animal or object, as well as against the person who exercises control over the animal or object.

Police Action Against Other Individuals

Police action may be directed against another person if

a. the law provides for it, or

b. an imminent or existing serious disruption of public safety and order cannot otherwise be averted or remedied.

B. Entering Private Properties

When it is necessary for the fulfillment of police duties, the police may enter private properties.

C. Identity Checks and Forensic Measures

## 1 Identity Check and Establishment

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1. If necessary for the fulfillment of its duties, the police may stop a person, establish their identity, and clarify whether they or any vehicles, other objects, or animals they are carrying are wanted.

2. The stopped person is obliged to provide personal details, present identification and permit documents carried, and for this purpose, open containers and vehicles.

3. The police may take the person to a police station if the clarifications according to para. 1 cannot be unequivocally made on site or only with considerable difficulty, or if there is doubt as to whether the information provided is correct or the identification and permit documents are genuine.

4. Accommodation establishments shall maintain guest control and issue registration forms. These must be made available to the police for the purpose of identity verification.

5. The police may electronically retrieve the information required for the identification of persons from the registration forms of guest control in accommodation establishments and from new resident registrations by municipalities for the purpose of averting danger, prosecuting criminal offenses, and enforcing criminal judgments, as well as systematically and automatically check this information in police systems designated for searching. The Government Council shall regulate the details.

550.1

Police Act (PolG)

Forensic

Measures

Police

Summons

Interrogation

Prerequisites

1 The police may carry out forensic identification measures within the

meaning of the Criminal Procedure Code13 if the determination

of a person's identity

a. is necessary for the performance of police duties and

b. cannot be achieved or can only be achieved with considerable difficulty

using other means available at police stations.

2 Subject to special legal provisions, data collected for forensic

identification purposes must be destroyed as soon as the person's

identity has been established or the reason for collecting the data

has ceased to exist.

C. Police Summons and Questioning

The police may summon a person without observing special forms and deadlines, but by stating the reason, in particular for questioning, for identity verification or forensic identification measures, as well as for the handover of objects.

1 The police may question a person about factual matters without

observing special formal requirements, if this is necessary for the

fulfillment of police duties.

2 As soon as there is a suspicion of a criminal offense, the rules

of the Code of Criminal Procedure13 apply to the questioning.

D. Police Custody

The police may take a person into custody if

a. they seriously and immediately endanger themselves, other persons,

animals, or objects,

b. they are likely to be in need of welfare assistance,

c. they have escaped from a custodial sentence or a measure involving

deprivation of liberty, or

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Police Act (PolG)

550.1

d. this is necessary to secure a transfer, admission, or repatriation.

¹ If the police have taken a person into custody, they shall inform them immediately of the reason for it.

2 They shall give the person the opportunity to appoint a lawyer and, provided this does not jeopardize the purpose of the police custody, to notify a person of their confidence. If the person taken into custody is unable to do so, the police shall notify relatives or family members as quickly as possible, unless this contradicts the person's presumed will.

3 If the person is a minor or is under a comprehensive guardianship, the person or authority responsible for parental care, custody, or guardianship, or for the guardianship, must be notified without delay.¹⁷

4 The person must be able to contact the persons guarding them if they need help.

16 ¹ Detention lasts until its grounds cease to exist, **Duration**,

but no longer than 24 hours. The lawfulness of the detention is **Judicial**

reviewed upon request by the affected person by the pre-trial judge **Review**

or the presiding judge. The request does not have a suspensive

effect.

² If, with a view to bringing the person before an authority competent for further measures,

detention of more than 24 hours is necessary,

the police shall, within 24 hours from the start of detention, submit to the

pre-trial judge a reasoned request for extension.

For the procedure, the provisions of the Criminal Procedure

Code13 are applicable by analogy.

E. Preliminary Transport, Transport, and Repatriation

At the request of the competent authority, the police shall present a person to this authority or to another authority.

17 ¹ The police may take a minor or a person subject to a comprehensive guardianship into their care if the person

**Taking into care and escorting of minors and persons subject to comprehensive guardianship**

**a. evades parental supervision or supervision ordered by the Child and Adult Protection Authority (CAPA);**

**b. is in places where there is a danger to their physical, sexual or psychological integrity.**

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**550.1 Police Act (PolG)**

**² The police shall, without delay, escort the person to the holder of parental responsibility or custody, to the competent CAPA, or to a body designated by these authorities.**

**³ Escorts within the meaning of para. 2 may also be carried out for minors and persons subject to comprehensive guardianship who have been taken into custody.**

**Transports**

The transport of persons taken into custody, arrested, or imprisoned is carried out by the police. Article 5, paragraph 2 of the Police Organization Act (POG) of November 29, 200410 remains reserved.

Repatriation

of persons

obliged to

depart

1 The police carry out the repatriations of foreign nationals obliged to leave Switzerland that fall within the canton of Zurich's jurisdiction.

2 To the extent permitted by federal law, repatriations may be carried out by specialized private organizations.

F. Monitoring Measures19

Police Observation

19 1 To prevent and detect crimes and

misdemeanours or to avert dangers, the police may openly or

covertly observe persons and objects outside the secret or private sphere within the meaning of

Art. 179quater SCC12.

2 A police officer may order police observation using technical

surveillance devices if the prevention and detection of future criminal acts

or the aversion of an imminent danger would otherwise be hopeless

or disproportionately difficult.

3 If police observation lasts longer than one month,

its continuation in any case requires the approval of the

police command.

4 For the police to notify a person directly affected by an observation of a measure under paragraph 2,

Art. 283 CCP applies by analogy.

18 1 To fulfill its mission, the police may monitor public spaces with audio and video devices in such a way that individuals cannot be identified.

Audio and

Video

Surveillance

a. In General

2 Further evaluation of recordings by the public prosecutor's office for the purpose of prosecuting crimes and misdemeanors remains reserved.

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Police Act (PolG)

550.1

18 1 For the preservation of public safety and order and for the

prevention and detection of criminal offenses, especially for the protection

of persons, the police may monitor publicly accessible spaces with audio

and video devices in such a way that persons can be identified.

2 The surveillance must be ordered by a police officer and be limited

in scope and duration. It requires that

a. criminal offenses have already been committed at the monitored location

or are to be expected there, and

b. no less intrusive means are available.

3 The public must be made aware of the use of audio and video devices

by means of notice boards, displays on screens, or other suitable methods.

18 1 Surveillance at Public Events and Demonstrations

The police may, at publicly accessible major events and demonstrations, openly or covertly monitor persons using audio and video equipment in such a way that individuals can be identified.

2 Surveillance requires that

a. it is necessary for ensuring public safety, particularly for deployment planning and supporting security forces; or

b. there are concrete indications that criminal acts could occur.

3 In the case of open surveillance, § 32b para. 3 applies mutatis mutandis.

18 1 To prevent and detect crimes, members of the police or third parties Contacting

commissioned by them or cooperating with them may contact other

persons without disclosing their true identity and function.

2 Contacting as per para. 1 also includes the preparation and conclusion

of sham transactions and test purchases.

3 The police command may provide the deployed person with a legend.

The creation, modification, and use of official documents such as passports,

identity cards, and driving licenses require approval by the coercive

measures court.

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550.1 Police Act (PolG)

Covert Preliminary Investigation

18 1 To prevent and detect crimes, the police command may, with the approval of the Compulsory Measures Court, deploy undercover preliminary investigators outside of criminal proceedings. These investigators operate under a permanently established false identity and, through active and targeted behavior, attempt to establish contact with other persons and build a relationship of trust with them. 2 An undercover preliminary investigation may be ordered if: a. there are sufficient indications that crimes within the meaning of Article 286 paragraph 2 of the Criminal Procedure Code could occur; b. the seriousness of these crimes justifies an undercover preliminary investigation; and c. other measures have been unsuccessful or the preliminary investigation would otherwise be hopeless or disproportionately difficult. 3 Members of the police or persons commissioned by them may be deployed as undercover preliminary investigators. 4 For the conduct of the undercover preliminary investigation, Articles 151 and 287–298 of the Criminal Procedure Code shall apply mutatis mutandis, with the police command taking the place of the public prosecutor's office.

18, 20

Covert Registration

18 The tender for persons and objects for the purpose of covert registration within the meaning of Articles 33 and 34 of the Ordinance of 7 May 2008 on the national part of the Schengen Information System (N-SIS) and the SIRENE Bureau 14 is permissible.

G. Expulsion and Removal of Persons 18

Expulsion and Removal

The police may remove a person from a place or keep them away for a maximum of 24 hours,

a. if the person or an assembly of persons to which they belong endangers public safety and order,

b. if the person or an assembly of persons to which they belong significantly annoys, endangers, or unlawfully hinders third parties in the intended use of publicly accessible space,

c. if emergency services such as police, fire brigade, or rescue services are obstructed or endangered,

d. if the person themselves is seriously and immediately endangered,

e. to protect the rights of persons, particularly to preserve decency/reverence.

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Police Act (PolG)

550.1

1. **Disobedience to a Removal or Exclusion Order; Removal/Exclusion by Order**

If a person disobeys an ordered removal or exclusion, the police may bring them to a police station and, by means of an order, prohibit them from entering the relevant place.

2. In special cases, particularly if a person had to be removed or excluded from a place repeatedly, the police may issue the prohibition, under threat of the penalties pursuant to Art. 292 StGB12, for a maximum of 14 days.

3. The order specifies the duration and the spatial scope of the measure.

4. In cases under paragraph 2, the order may be challenged within five days of its notification before the detention judge. The running of the appeal period and the filing of the appeal have no suspensive effect. For the rest, the provisions of the Violence Protection Act of 19 June 20069 apply mutatis mutandis to the procedure.

H.19 Search

1 The police may search a person's clothing, on or near a person's

body surface, or in body orifices and cavities visible without aids,

for objects or traces, if

a. this is necessary for the protection of police officers or other

persons or of objects of significant value,

b. grounds for police custody of that person exist,

c. there is a suspicion that they are carrying objects to be secured,

d. it is necessary to establish their identity, or

e. they are in a state that precludes free will formation or in a helpless

situation, and the search is necessary for their protection.

2 The search shall be carried out by a person of the same sex, unless

the measure cannot be postponed.

3 For further physical examinations, the police shall commission a

doctor or other medical professional.

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550.1 Police Act (PolG)

Objects § 36. 1 The police may open and search vehicles, containers, and other objects if

a. they are in the possession of persons who may be searched according

to § 35,

b. this is necessary for the protection of police officers or other

persons,

c. there is a suspicion that persons who may be taken into custody or

who are helpless are inside,

d. there is a suspicion that animals or objects to be secured are inside,

e. this is necessary to determine the entitlement to animals as well as

vehicles or other objects.

2 The search shall, if possible, be carried out in the presence of the

person exercising control.

3 If it is carried out in the absence of this person, the search shall be

documented in detail.

Premises § 37. 1 The police may search premises if circumstances necessitate

immediate action to

a. avert an imminent significant danger to life, limb, or the freedom of

a person,

b. protect animals or objects of significant value,

c. take a person into custody if there is a suspicion that they are located

in the premises to be searched.

2 Insofar as circumstances permit, the police shall involve the owner

of the premises in the search; if the owner is unavailable, a relative,

a housemate, or an official witness shall be involved.

3 The police shall promptly inform the owner or their representative

of the reason for the search, unless this would frustrate the purpose

of the measure.

Requirements

I.19 Securing of Objects

The police may secure animals and objects,

a. in order to avert a significant danger,

b. for the protection of private rights according to § 7,

c. in order to prevent a person taken into custody from misusing them.

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Police Act (PolG)

550.1

1 If the reason for the securing of an animal or object has ceased to exist, the Police shall return the animal or object.

2 If several persons assert a claim thereto, or if the entitlement of a person is doubtful for other reasons, the Police shall set them a deadline for filing a court action. After the unused expiry of this deadline, they shall return the animal or object to the person from whom it was secured.

3 The return may be made dependent on the payment of costs.

4 If an animal can neither be returned nor otherwise placed, the further course of action shall be decided upon with the involvement of the cantonal authority responsible for veterinary matters.

1. If no one claims an object to be returned, or if the entitled person fails to collect it despite a request within a reasonable period, the police may dispose of it three months after the grounds for securing it no longer exist.

2. The police may dispose of the object earlier if it is subject to rapid depreciation or if its storage involves considerable costs or difficulties.

3. If the object cannot be disposed of, the police may destroy it.

J.19 Removal and Disposal of Animals, Vehicles, and Other Objects

The police may keep animals, as well as vehicles and other objects, away from a place, remove them, or have them removed, if they

a. are parked unlawfully on public ground,

b. obstruct or endanger public works or the intended use of publicly accessible space, or

c. pose a significant danger to persons, animals, or objects of considerable value.

1 The measure shall be notified to the person concerned. Notice and

In urgent cases, notice may be dispensed with.

2 The return may be made conditional upon payment of the costs.

Reimbursement of costs

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550.1 Police Act (PolG)

Police

Reports on

Individuals

Personal

Investigations

K.19 Police Reports on Individuals and Personal Investigations

1 Reports concerning individuals

1 Upon request of the competent civilian and military authorities, the police shall prepare reports concerning individuals if

a. the law expressly provides for it, or

b. the authority requires the information for the fulfillment of its statutory duties and cannot obtain it either from the person concerned or through other inquiries of its own.

2 The request shall state the purpose of the report, the legal basis, and the required information.

3 The police shall conduct inquiries with official bodies and with the person concerned. Third parties shall only be questioned exceptionally and with the express instruction of the requesting authority.

4 The reports must be objective. They shall contain observations, findings, and facts, but no evaluations or expressions of opinion.

Police Act (PolG)

**5th Section: Members of the Police Force**

**1 Police search notices**

1 If a person's whereabouts are unknown or if they are abroad, the police shall issue a search notice using police search tools if

a. the conditions for police custody are met,

b. the person must be brought before or taken to the competent authority upon its request,

c. documents must be served on the person by the police,

d. they have been reported missing,

e. other legal provisions so require.

2 When choosing the appropriate search tool and the type of search notice, the police shall consider the importance of the case and observe the principle of proportionality.

3 The police may call upon the public for assistance and use visual material if there is reason to believe that

a. the person being sought has suffered an accident or become the victim of a criminal act,

b. they endanger themselves or third parties.

4 If the reason for the search notice no longer exists, it shall be revoked.

5 These provisions apply mutatis mutandis to the search for animals and objects.

14

1. **Police officers prove their authority to act by wearing the uniform.**

2. **Police officers in plain clothes prove their authority by presenting their police ID before the official act. If circumstances do not permit this, it shall be done as soon as possible thereafter.**

3. **Police officers who perform official acts shall disclose their name and duty station, insofar as circumstances permit.**

1 Members of the police are entitled to act officially even during their off-duty hours.

2 If members of the police identify a serious criminal offense or a significant endangerment of legal interests during their off-duty hours, they shall, insofar as is reasonable, initiate its prosecution or elimination.

Off-Duty Hours

1 Members of the police generally perform their duty armed.

2 The Cantonal Police and the City Police forces of Zurich and Winterthur may also order the armed performance of duty for auxiliary police forces, to the extent necessary for their safety.

Performance of Duty

1 The municipalities protect the members and auxiliary staff Legal Protection

of their police forces within the meaning of § 32 of the Personnel Act of 27 September 19986.

2 If members or auxiliary staff of a municipal police force suffer damage

in connection with the performance of their duties, they are entitled

to at least those legal claims available to the members

and auxiliary staff of the cantonal police according to § 42 lit. b of the Personnel

Act.

3 If the official activity of cantonal or municipal police members or

auxiliary staff deployed for inter-cantonal operations

results in personal liability, they shall be indemnified according to

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Police Act (PolG)

Private alarm systems that can directly alert the police require a police permit.

7. Section: Information, Data Processing and Data Protection19

Application of the

DPA

Information

Data Processing

19 Unless otherwise provided by this Act, the provisions of the Act on Information and Data Protection of 12 February 2007 (IDG)5 shall apply.

18 1** The police are authorised, in the public interest and within the scope of their competence, to inform the public and affected persons, provided that there are no overriding legitimate interests of private individuals or the community that would prevent it.

**2** If they inform the public, they shall disclose the age, gender, and nationality of offenders, suspects, and victims, unless reasons of personal privacy protection speak against it or there is a risk that the persons could be identified.

30 1 The police and the Forensic Institute Zurich are authorized to

**process data and operate suitable data processing systems for the fulfillment of their duties and the management of their business control.**

**2 The police and the Forensic Institute Zurich may process personal data, including special categories of personal data, and personality profiles, and perform profiling, to the extent indispensable for the fulfillment of the duties legally assigned to them.**

**3 The Cantonal Police, the communal police forces, and the Forensic Institute Zurich grant each other access to their data holdings, insofar as this is necessary for the fulfillment of police duties.**

**4 The police and the Forensic Institute Zurich may disclose personal data, including special categories of personal data, to other public bodies as well as to bodies of other cantons or the Confederation and to third parties ex officio or upon request in individual cases under the conditions of §§ 16 and 17 IDG5.**

**5 Public bodies shall disclose personal data, including special categories of personal data, to the police and the Forensic Institute Zurich within the scope of their obligations to provide administrative and legal assistance, and furthermore under the conditions of §§ 16 and 17 IDG5.**

**Police Act (PolG)**

**550.1**

18 If the police undertake technical surveillance measures, they shall take precautions in the sense of § 7 IDG to exclude the misuse of audio and visual material.

Protection of Audio and Visual Material

1. **Deletion of Records**

Records of telephone conversations with police emergency call centers will be deleted no later than one year, unless they have been secured for evidentiary purposes or for the purpose of locating persons.

2. Records made in the context of technical surveillance measures will be deleted as soon as they are no longer needed for the detection or prevention of crimes or for danger prevention, but no later than 100 days, unless they are still needed for criminal, civil, or administrative proceedings.19

Here is the English translation of the law article, preserving its structure and formatting

**19 Joint Data Processing and Information System**

1 The Cantonal Police and the City Police forces of Zurich and Winterthur jointly operate a police data processing and information system.

2 The system serves the participating police forces in the fulfillment of their statutory duties for the documentation of police actions, for information and data exchange, for joint data storage, and for statistical surveys.

3 The system contains data on persons and circumstances which the police have acquired and processed in the course of fulfilling their statutory duties.

4 Upon request, the operators grant other municipal police forces access to the system, insofar as this is necessary for the fulfillment of police duties, especially when assuming criminal police duties in accordance with § 20 POG10.

5 The primary responsibility for the data and information inventory within the meaning of § 5 para. 1 IDG is borne by the Cantonal Police.

6 The directorate responsible for the police regulates access rights for users.

7 The deletion of data relating to criminal proceedings occurs after the expiry of the file retention regulations of the StPO. Furthermore, the deletion of data occurs in accordance with the retention regulations set by the Government Council.

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550.1

Maintenance

of Data Systems

VICLAS-

Database

Data Protection

Consulting

Principle

Damage from

Lawful Activity

**Police Act (PolG)**

18 1** The criminal authorities shall inform the police of acquittals, discontinuances, and non-commencements of criminal proceedings within 14 days of their legal force taking effect, for the purpose of updating the police data processing systems.

**2** The Data Protection Officer shall monitor the accuracy and the updating of the data stored in the data processing systems, as a rule, every two years and on special occasions.

18 1 The police report to the Directorate responsible for correctional services

persons whose investigative data, in accordance with Article 4 of the Inter-

cantonal Agreement on Computer-Aided Cooperation

of the Cantons in the Investigation of Violent Crimes of April 2, 2009

(ViCLAS Concordat)11, are entered into the ViCLAS database.

2 This Directorate shall inform the police of the execution of custodial sentences

or institutional measures against such persons within

14 days of the commencement of the custodial sentence or the start of the measure.

27 1 The police forces each designate a person responsible for data protection

consultation.

2 This person has the following tasks

a. They advise and support the police forces in the processing of personal

data.

b. They carry out data protection impact assessments in accordance with § 10 para. 1

IDG5.

c. They are the contact person for the Data Protection Officer and cooperate with them.

3 The person responsible for data protection consultation of one police force

may fulfil this task for several police forces. The police forces involved

shall regulate the details.

8. Section: Liability and Cost Reimbursement

A. Liability

Liability is determined by the provisions of the Liability Act4.

1 If damage is caused to third parties through lawful police activity, the State shall provide equitable compensation.

**18**

**Police Act (PolG)**

**550.1**

**2 The State shall not provide compensation if the injured person caused the police activity or if they are grossly at fault for the occurrence of the damage.**

When private individuals assist the police in the performance of an official duty and thereby suffer damage or cause damage, the State shall provide compensation according to equity.

B. Reimbursement of Costs

1 The police may demand cost recovery

Police

a. from the organizer of an event that requires extraordinary police deployment,

b. from the person who caused a police deployment, if that person acted willfully or with gross negligence,

c. from the operator of an alarm system for deployment due to a false alarm.

2 For events that are wholly or partly in the public interest or serve an idealistic purpose, cost recovery may be reduced or entirely waived.

3 For approved events that serve the exercise of the constitutionally guaranteed right to demonstrate, no costs shall be imposed on the organizers, provided they have not grossly negligently violated the conditions of the permit.

Incurred costs for securing, removal, disposal, storage, preservation, measures for value retention, utilization, or destruction may be imposed on the person who

a. is entitled to the animal, vehicle, or other item, or

b. caused the police measure.

Utilization etc.

9. Section: Private Security Services 22

22 1 Security services comprise the activities, in particular, of control and supervisory services

a. doorman services,

b. guarding and surveillance services,

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550.1 Police Act (PolG)

Permit requirement

Permit prerequisites

Employees of

security companies

c. protection services for persons and goods with increased risk,

d. security transports of persons, goods, and valuables.

2 Not included are control, supervisory, and traffic services of minor importance, namely ticket controls, cashier services, visitor guidance services, and visitor support services.

26 1 Natural and legal persons who commercially provide security services (security companies) require an operating license from the Canton.

2 Security companies that have a license from another Canton are exempt from the licensing requirement.

22 1 A security company shall be granted a permit if the applicant, or, in the case of legal entities, the managing person, demonstrates that

a. they are a Swiss national, a national of a Member State of the European Union or the European Free Trade Association, or hold a settlement permit and have their domicile in Switzerland,

b. they have legal capacity,

c. no conviction for a felony or misdemeanor appears in their criminal record extract for private individuals,

d. they appear suitable for this activity with regard to their past life and conduct,

e. there are no certificates of loss against them,

f. they possess business liability insurance with a coverage amount of at least CHF 3 million per claim event.

2 To clarify the prerequisite according to paragraph 1 letter d, police reports concerning the person may be obtained according to § 43.

3 The permit may be granted subject to conditions.

4 Cost-covering fees must be paid for the processing of permit applications.

22 Security companies may only employ persons who meet the

following requirements for the provision of security services

a. They possess Swiss citizenship, the citizenship of a Member State

of the European Union or the European Free Trade Association, or a

settlement permit.

b. They have legal capacity.

20

Police Act (PolG)

550.1

c. No conviction for a felony or misdemeanor appears in their criminal

record extract for private individuals.

22 Security companies shall ensure that persons engaged by them

who provide security services possess practical and theoretical training

commensurate with their tasks and undergo regular further training.

22 Security companies and their employees are obligated to

a. provide the police with information about measures taken and planned, and to report all special incidents;

b. maintain confidentiality regarding their perceptions within the scope of police activity;

c. refrain from anything that could lead to their confusion with police organs or impair the fulfillment of police duties.

22 1 The license shall be revoked temporarily or definitively if

a. the requirements pursuant to § 59c are no longer met, or

b. provisions of this Law or conditions have been violated.

2 Individuals may be prohibited from working in security companies if

a. they have been convicted of a felony or misdemeanor,

b. they have repeatedly violated the duties of conduct under § 59f,

c. public safety and order so require.

3 If a revocation pursuant to para. 1 or a professional ban pursuant to

para. 2 does not appear appropriate, a warning may be issued.

22 Reporting Obligation of Judicial and Administrative Authorities

Judicial and administrative authorities report to the licensing authority circumstances that may lead to the withdrawal of the license or to a professional ban.

22 1 The licensing authority is authorized to process personal data,

**including special categories of personal data, for the performance**

**of its data processing tasks.**

**2 It maintains a register of granted and refused licenses as well as**

**of issued professional bans. The register of granted licenses is**

**published.**

**3 It may, upon request, inform security companies whether a**

**professional ban has been imposed on a person the company**

**intends to employ.**

22 1 Anyone who

a. provides security services without a permit, where a permit is

required according to § 59b para. 1,

b. violates §§ 59d or 59e,

c. seriously violates duties of conduct according to § 59f,

shall be punished with a fine.

2 Negligence, attempted acts and complicity are punishable.

Penal Provisions

Implementing Provisions

Amendment to existing law

10.23 Section: Final and Transitional Provisions

19 1 The Government Council issues implementing provisions, in

particular regarding

a. the use of coercive measures,

b. the police processing of data, the operation of corresponding

data systems and their updating, the data and information

exchange with other police agencies and authorities, and the

retention period of data,

c. the content of guest registration for accommodation establishments

and the electronic retrieval of data.

2 The ordinance on permissible operational means, weapons, and types

of ammunition according to Section 13 para. 2 is subject to the approval of

the Cantonal Council.

The following laws are amended as follows

a. The Law on the Liability of the State and Municipalities

as well as their Authorities and Officials of 14 September 19694: . . .15

b. The Police Organisation Act of 29 November 200410: . . .15

с. The Code of Criminal Procedure of 4 May 19198: . . .15

1 OS 64, 324.

2 Entry into force: 1 July 2009.

3 ABI 2006, 856.

22

Police Act (PolG)

4 LS 170.1; today: Liability Act.

5 LS 170.4.

6 LS 177.10.

7 LS 211.1.

8 Repealed.

9 LS 351.

10 LS 551.1.

11 LS 551.104.

12 SR 311.0.

13 SR 312.0.

14 SR 362.0.

15 For text, see OS 64, 324.

550.1

16 Version in accordance with the Law on the Adaptation of Cantonal Authority Organisation

and Cantonal Procedural Law in Civil and Criminal Matters to the new Federal

Procedural Laws of 10 May 2010 (OS 65, 520, 585; ABI 2009, 1489).

In force since 1 January 2011.

17 Version in accordance with the Implementing Act to the Child and Adult Protection Law

of 25 June 2012 (OS 67, 443; ABI 2011, 2567). In force since 1 January 2013.

18 Inserted by Law of 5 November 2012 (OS 68, 79; ABI 2012, 655). In force

since 1 March 2013.

19 Version in accordance with Law of 5 November 2012 (OS 68, 79; ABI 2012, 655). In force

since 1 March 2013.

20 Repealed by judgment of the Federal Supreme Court of 1 October 2014 (1C_653/

2012) (OS 69, 476).

21 Inserted by the Law on Reporting and Resident Registers of

11 May 2015 (OS 70, 407; ABI 2014-10-31). In force since 1 January 2016.

22 Inserted by the Law on Requirements for Private Security Services

of 4 April 2016 (OS 72, 141; ABI 2015-11-13). In force since 1 January

2018.

23 Version in accordance with the Law on Requirements for Private Security Services

of 4 April 2016 (OS 72, 141; ABI 2015-11-13). In force since 1 January

2018.

24 Repealed by the Law on Requirements for Private Security Services

of 4 April 2016 (OS 72, 141; ABI 2015-11-13). In force since 1 January

2018.

25 Version in accordance with Law of 24 October 2016 (OS 73, 140; ABI 2016-01-29). In force

since 1 April 2018.

26 Inserted by the Law on Requirements for Private Security Services

of 4 April 2016 (OS 72, 141; ABI 2015-11-13). In force since 1 January

2019.

27 Inserted by the Law on Information and Data Protection of 25 November

2019 (OS 75, 263; ABI 2018-07-13). In force since 1 June 2020.

28 Version in accordance with the Law on Information and Data Protection of 25 November

2019 (OS 75, 263; ABI 2018-07-13). In force since 1 June 2020.

1. 1. 22-115

23

550.1 Police Act (PolG)

29 Inserted by Law of 9 March 2020 (OS 76, 231; ABI 2020-02-28). In force

since 1 July 2021.

30 Version in accordance with Law of 12 April 2021 (OS 76, 387; ABI 2020-05-15). In force

since 1 January 2022.

24

StPO13.18

1. 1. 22-115

1

550.1

Police Act (PolG)

Preliminary Investigation

and

Pre-trial Proceedings

Assistance

Support

of Authorities

Protection of Private

Rights

Legality

Police General

Clause