Police Act (PolG) - Scope of Application (POLG)

1. This law governs the duties and authorities of the Cantonal Police.

2. The Cantonal Police is under the supervision and direction of the Department of Justice, Police, and Military Affairs (hereinafter referred to as the Department).

3. The Cantonal Commission may enter into agreements with other cantons or organizations to fulfill police tasks.

1. Without specific legal basis, interference with freedom and property is only permissible when a serious and immediate threat or disturbance to public safety and order cannot be averted by any other means.

1. Interferences with freedom and property must be suitable for safeguarding or restoring the lawful condition.

2. They must not exceed what is necessary to achieve the intended purpose.

3. They must not result in a disadvantage that is disproportionate to the intended purpose.

1. The cantonal police shall take the necessary measures throughout the entire canton to maintain public safety and order, to avert specific dangers, and to eliminate any disturbances that have occurred, insofar as no other authority is responsible.

2. It shall perform the duties of the security, criminal, and traffic police, fulfill other tasks assigned to it by legislation, and provide assistance to the public in emergencies.

1. The Cantonal Police shall conduct the data collections necessary for the lawful and appropriate fulfillment of their duties and operate corresponding data processing systems for this purpose.

1. Information about and access to data collections of the Cantonal Police are governed by the Data Protection, Information, and Archive Act (DIAG) of April 28, 2019.

2. The right to information and access may only be denied, restricted, or deferred if important public or legitimate private interests are opposed.

3. An important public interest exists particularly if the fulfillment of police duties would be thwarted by the provision of information or granting of access to the person concerned in the specific case.

1. The Cantonal Police may disclose personal data to federal, cantonal, district, and municipal authorities and police offices, provided that

a) this serves the fulfillment of police duties;

b) this serves to avert a threat to public safety and order by the recipient;

c) the recipient can base their claim on a legal basis.

2. Data is only passed on to private entities in exceptional and significant cases, particularly when the dissemination serves to avert specific dangers or eliminate disturbances.

**1. The Cantonal Police prepares personal information reports for administrative purposes when the requesting civilian or military authorities**

a) require specific information about a person to fulfill their statutory duties;

b) specify the purpose of the information report, the legal basis, and the type of information requested.

**2. Information reports must be factual.** They contain observations, findings, and facts, but no evaluations or expressions of opinion.

**3. Police information reports generally include only official information.** Interviews with third parties may only be conducted upon the explicit request of the requesting authority.

1. The Cantonal Police enforces the Intercantonal Agreement on Computer-Assisted Cooperation of the Cantons in the Investigation of Violent Crimes (ViCLAS Agreement).

2. The Compulsory Measures Court decides on the deletion periods in cases of significant risk of reoffending within the meaning of Art. 13 para. 1 lit. b of the ViCLAS Agreement.

3. The Cantonal Executive determines the authorities responsible for reporting the data subject to deletion and the suspension of deadlines during the execution of a prison sentence or a measure (Art. 13 para. 3 ViCLAS Agreement).

1. The department may, subject to the provisions of the Introductory Act to the Swiss Code of Criminal Procedure, inform the public about the activities of the Cantonal Police.

2. Information shall be withheld if there are overriding, legitimate public or private interests that oppose it.

1. During a search or to avert a danger, the cantonal police may detain a person, ascertain their identity, and determine whether they or vehicles or other items in their custody are being sought.

2. The detained person must provide their personal information upon request, present any identification documents carried, and display items in their custody. Vehicles and containers are to be opened and may be searched by the cantonal police.

3. The detained person may be taken to a police station if

a) their identity cannot be securely or only with significant difficulty established on the spot and further clarification is necessary;

b) there are doubts about the accuracy of the information given, the authenticity of their identification documents, or the lawful possession of vehicles or other items, and the further necessary clarifications cannot be carried out on the spot or only with significant difficulty.

4. The detained person must be promptly informed of the reason for being taken to the police station and advised of their rights.

1. The cantonal police may expel a person from their apartment or house if they seriously and immediately endanger another person living in the same household or a person with whom a household has been shared, and they can prohibit the person's return for up to 10 days.

2. The expulsion may be accompanied by the confiscation of apartment and house keys, as well as a prohibition on entering a specific perimeter around the house, approaching the endangered person, or making contact with them.

**1. The order to the person expelled due to domestic violence is issued by means of a written disposition, specifying the possibility of contestation and the legal possibilities for extension or modification of the order. A form approved by the Department may be used.**

**2. The expelled person may be escorted away, particularly for the issuance and delivery of the disposition.**

**3. The disposition is immediately enforceable. Contestation does not have a suspensive effect.**

**4. The endangered person or their representative and the Child and Adult Protection Authority receive a copy of the disposition.**

1. The person expelled due to domestic violence may contest the order in writing before the Court of Coercive Measures during its validity period.

2. The Court of Coercive Measures shall review the matter and issue its decision within five days of receipt with a summary rationale. The decision is final.

3. If the endangered person requests an extension of the ordered measure from the civil single judge at least three days before the expiration of the expulsion order, its validity shall be extended until the decision of the single judge, but for no longer than 10 days.

4. The single judge shall promptly inform the cantonal police about the receipt of the application. The police shall immediately notify the affected parties of the receipt.

1. A person may be taken into custody for a maximum of 24 hours if

a) they endanger themselves or others, or cause a public nuisance due to drunkenness or drug influence;

b) they disrupt public order in a rebellious manner, particularly by making noise on Sundays and public holidays or during nighttime.

2. The custody must promptly be reported to the police commander or their deputy, as well as generally to a family member or a person of trust.

3. The reasons for custody must be communicated to the detained person as soon as they are responsive. Their statement will be recorded.

1. The cantonal police may search individuals who

a) are strongly suspected of committing a criminal offense, when it is likely that evidence or objects and assets subject to seizure can be found as a result;

b) are suspected of unlawfully carrying weapons;

c) are unconscious or otherwise helpless, if this is necessary to establish their identity;

d) have been temporarily detained, arrested, or taken into police custody.

2. The search should be conducted as gently as possible. Except for the search for weapons, individuals may only be searched by members of the same gender.

1. Police interrogations of affected individuals concerning intimate areas must generally be conducted by officers of the same gender. This is subject to the provisions of the Federal Act on Assistance to Victims of Crimes dated October 4, 1991 (Victim Assistance Act, VAA).

2. Interrogations of children and adolescents should, whenever possible, be carried out by specially trained police officers. Generally, a legal representative must be present during these proceedings.

1. A person who is detained under this law or other legal provisions may be restrained with shackles if there is a suspicion that they

a) will attack people, resist, and/or damage property;

b) will flee or is to be liberated;

c) will self-harm or injure themselves.

1. The Cantonal Police may, in the course of enforcing expulsion orders pursuant to the Federal Act on the Residence and Settlement of Foreign Nationals of March 26, 1931 (ANAG) as well as asylum legislation, apply coercive measures, particularly restraint and medication.

1. Identification Documents

Identification documents include photographic recordings, fingerprinting, DNA analyses, and other materials that are suitable for providing concrete evidence regarding the connections between individuals and circumstances.

1. The Cantonal Police may obtain identification documents concerning

a) Persons who have been sentenced to an unconditional imprisonment;

b) Persons who have been detained or arrested for an offense or crime;

c) Persons whose identity cannot be established by other means, particularly if they are suspected of providing false information;

d) Persons against whom an expulsion order has been issued, or against whom exclusion measures are to be implemented;

e) Corpses whose identity has not been established.

2. It is responsible for ordering the monitoring of telecommunications in the context of the search and rescue of missing persons in accordance with federal legislation.

1. Without special authorization from the investigative authority, the collection of identification data is prohibited for

a) Persons who have been convicted exclusively for violations of the Road Traffic Act of December 19, 1958;

b) * Children and juveniles as defined by the Federal Act on Juvenile Criminal Law of June 20, 2003 (JStG).

1. Destruction of Identification Records

a) Ex officio, if it subsequently emerges that they were unjustly obtained;

b) Upon the request of the concerned party, if there are no sufficient reasons for their continued retention. The department shall decide on such requests.

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

1. when the police or third parties are immediately threatened with or under a dangerous attack;

2. when official duties cannot be performed other than by the use of weapons, specifically

a) when individuals who have committed a serious crime or offense, with which they have injured, endangered, or threatened others' life and limb, or are urgently suspected of such an act, attempt to evade arrest or an already ordered deprivation of liberty by fleeing;

b) when, based on received information or their own observations, they must assume that individuals pose an immediate threat to others' life and limb and attempt to evade arrest or an already ordered deprivation of liberty by fleeing;

c) to free hostages;

d) to prevent an immediately threatening serious crime or offense at facilities serving the public or which pose a special danger to the public due to their vulnerability.

2. A clear warning call must precede the use of firearms, provided the purpose and circumstances allow for it.

3. A warning shot may only be fired if the circumstances render the effect of a warning call ineffective.

1. If direct force is applied, assistance must be provided to those injured without delay, to the extent necessary and as circumstances allow, and medical help must be procured.

1. Police officers identify themselves before every official act. The uniform is generally considered as identification.

2. Members of the cantonal police may be required to reside within the canton or its vicinity if they are to perform police, standby, on-call, or emergency services that necessitate constant presence in the canton or its immediate proximity.

1. The Department may transfer specific tasks related to traffic regulation to third parties by contract.

2. The rights and obligations associated with the transfer of tasks are defined in the contract.

3. These must guarantee the proper fulfillment of the assigned tasks.

4. Article 25 of this law applies mutatis mutandis.

1. The regulatory commission may subject the activities of security services or individuals engaged in this field on a commercial basis to a licensing requirement and may issue special regulations for these activities.

1. The canton compensates individuals who have assisted police authorities in the fulfillment of their duties for any damage they have suffered in the course of providing such assistance.

2. The canton seeks recourse against third parties who are liable for the damage.

3. No compensation is awarded to individuals who have acted contrary to the instructions of the police authorities.

1. The operations of the Cantonal Police are generally free of charge.

2. Reimbursement of costs for operations of the Cantonal Police is required if this or another law expressly provides so.

3. Reimbursement of costs is particularly required

a) from the organizer of events that necessitate a police operation. For events that serve an ideal purpose in whole or in part, no costs or reduced costs will be charged;

b) from the instigator, if the incident was caused intentionally or through gross negligence, or if it primarily served a private interest.

4. The Cantonal Police determines the reimbursement of costs, unless a decision about the costs is made in criminal proceedings.

5. The Cantonal Police may charge cost-covering fees for additional services up to a maximum amount of CHF 5,000.

1. The Grand Council shall enact the necessary implementing provisions for this law.

1. The Grand Council determines the enactment of this law.