Concordat on Measures against Violence at Sporting Events - Purpose

1. The Cantons, in cooperation with the Confederation, shall implement preventive police measures under this Concordat to prevent violent behavior, in order to identify and combat violence at sports events at an early stage.

1. Violent Behavior and Acts of Violence are specifically considered to occur when a person, prior to a sporting event, during the event, or subsequent to it, has committed or instigated the following criminal offenses

a) Criminal acts against life and limb according to Articles 111-113, 117, 122, 123, 125 paragraph 2, 126 paragraph 1, 129, 133, 134 of the Criminal Code (CC);

b) Property damage according to Art. 144 CC;

c) Coercion according to Art. 181 CC;

d) Arson according to Art. 221 CC;

e) Causing an explosion according to Art. 223 CC;

f) Endangerment by explosives and poisonous gases with criminal intent according to Article 224 CC;

g) Public incitement to crimes or violence according to Article 259 CC;

h) Riot according to Art. 260 CC;

i) Violence and threats against authorities and public officials according to Article 285 CC.

j) Obstruction of an official act according to Article 286 CC.

2. Furthermore, behavior is considered violent if it endangers public safety by carrying or using weapons, explosives, gunpowder, or pyrotechnic objects at sports venues, in their vicinity, or on the way to and from such venues.

1. The following are considered evidence of violent behavior according to Article 2

a) relevant court judgments or police reports;

b) credible statements or recordings from the police, customs authorities, security personnel, or sports federations and clubs;

c) stadium bans by sports federations or clubs;

d) reports from a competent foreign authority.

2. Statements under paragraph 1, letter b must be recorded in writing and signed.

1. Football and ice hockey matches involving clubs from the respective top men's league are subject to approval. Matches of clubs from lower leagues or other sports may be declared subject to approval if there is a concern about the threat to public safety in the vicinity of the matches.

2. To prevent violent behavior as defined in Article 2, the competent authority may impose conditions on the approval. These may include, in particular, structural and technical measures, the use of certain personnel or other means by the organizer, rules for the sale of tickets, the sale of alcoholic beverages, or the management of access controls. The authority may specifically determine how the travel to and from the matches of the visiting team's supporters is to be handled and under what conditions they are allowed access to the sports facilities.

3. The authority may order that visitors must present identification documents when boarding fan transports or entering sports facilities, and ensure through cross-checking with the HOOGAN information system that no persons subject to a valid stadium ban or measures under this concordat are admitted.

4. If conditions are violated, appropriate measures can be taken. Among other things, an approval can be withdrawn, denied for future games, or a future approval can be subject to additional conditions. The approver may be required to compensate for damages attributable to a breach of conditions.

**1. The police may search visitors, during entry checks to sports events or when boarding fan transports, for prohibited items under their clothing and over their entire body if there is concrete suspicion, and this must be done by individuals of the same gender. The searches must be conducted in non-visible areas. Actual examinations of the intimate areas shall be carried out with the involvement of medical personnel.**

**2. Authorities may authorize private security companies, which are tasked by the organizer with conducting entry checks to sports venues and fan transports, to pat down individuals over their clothing and over their entire body for prohibited items, regardless of concrete suspicion, and this must be done by individuals of the same gender.**

**3. The organizer shall inform the visitors of the sports event about the possibility of searches.**

1. A person who has demonstrably participated in acts of violence against persons or property during sports events may be prohibited from staying in a specifically defined area surrounding sports events (perimeter) at certain times. The competent authority determines for which perimeters the prohibition applies.

2. A perimeter prohibition is imposed for a duration of one to three years. It may cover perimeters throughout Switzerland.

3. The prohibition can be imposed by the following authorities

a) by the competent authority in the canton where the act of violence occurred;

b) by the competent authority in the canton where the affected person resides;

c) by the competent authority in the canton where the club, to which the affected person is related, is based.

4. The Swiss Central Office for Hooliganism (Central Office) and the Federal Office of Police (fedpol) may request the issuance of perimeter prohibitions.

1. In the order imposing an exclusion zone, the duration of validity and the spatial scope must be specified. The order must include details that allow the affected person to gain precise knowledge of the zones covered by the prohibition.

2. The issuing authority promptly informs the other authorities mentioned in Article 4, paragraphs 3 and 4.

3. For the proof of participation in acts of violence, Article 3 applies.

**1. An Individual May Be Required to Report to a Designated Authority for a Period of Up to Three Years at Specified Times, If:**

a) They have demonstrably participated in acts of violence against persons in connection with sports events as defined in Article 2, Paragraph 1, Letters a and c-j. This excludes acts of aggression under Article 126, Paragraph 1 of the Swiss Criminal Code (StGB);

b) They have committed property damage as per Article 144, Paragraphs 2 and 3 of the Swiss Criminal Code (StGB);

c) They have used weapons, explosives, gunpowder, or pyrotechnic items with the intent to endanger or harm others, or if they have accepted the risk thereof;

d) A measure under this concordat or a travel restriction pursuant to Article 24c of the Swiss Federal Act on Internal Security (BWIS) has already been imposed on them in the past two years, and they have again violated Article 2 of this concordat;

e) Concrete and current facts suggest that other measures will not deter them from committing acts of violence at sports events; or

f) The reporting obligation appears to be a milder measure in individual cases compared to other options.

**2. The Affected Person Must Report to the Designated Authority at the Specified Times in the Order.** Where possible, this should be an authority located at the residence of the affected person. The issuing authority shall consider the personal circumstances of the affected person when determining the location and times for reporting.

**3. The Authority Responsible for the Residence of the Affected Person Imposes the Reporting Obligation.** The Central Office and the Federal Office of Police (fedpol) can request the imposition of reporting obligations.

1. That a person cannot be deterred from acts of violence at sports events by measures other than a reporting obligation (Article 6, paragraph 1, letter b) is particularly assumed when

a) it is officially known, based on current statements or actions of the person concerned, that they would evade milder measures; or

b) the person concerned, due to their personal circumstances, such as residence or workplace in the immediate vicinity of a stadium, cannot be deterred from future acts of violence by milder measures.

2. If the person subject to the reporting obligation cannot report to the competent authority (reporting office) according to Article 6, paragraph 2, for important and verifiable reasons, they must immediately inform the reporting office and disclose their location. The competent police authority checks the location and information of the person concerned.

3. The reporting office informs the authority that issued the reporting obligation immediately about occurrences of reporting or lack thereof.

4. If a reporting obligation is violated without excusable reasons according to paragraph 2, its duration will be doubled.

1. Police custody may be ordered against a person if

a) there are concrete and current indications that they will participate in serious acts of violence against persons or property on the occasion of a national or international sporting event; and

b) this is the only way to prevent them from engaging in such acts of violence.

2. Police custody shall be terminated if its conditions cease to exist, in any case after 24 hours.

3. The affected person must appear at the police station of their residence or at another police station specified in the order at the designated time and must remain there for the duration of the custody.

4. If the affected person does not appear at the designated police station, they may be escorted there by the police.

5. Upon request of the affected person, the legality of the detention must be reviewed judicially.

6. Police custody may be ordered by the authorities of the canton in which the affected person resides, or by the authorities of the canton where the violence is feared. The authority of the canton where the violence is feared has priority.

1. National sports events as referred to in Article 8 paragraph 1 letter a are events organized by national sports federations or national leagues, or in which clubs of these organizations are involved.

2. Serious acts of violence within the meaning of Article 8 paragraph 1 letter a are notably criminal offenses according to Articles 111-113, 122, 123 number 2, 129, paragraph 3 of 144, 221, 223, or pursuant to Article 224 of the Criminal Code.

3. The competent authority at the residence of the person concerned designates the police station at which the person must report and determines the start and duration of detention.

4. The cantons designate the judicial authority responsible for reviewing the legality of police detention.

5. In the order, the person concerned must be informed of their right to have the deprivation of liberty judicially reviewed (Article 8 paragraph 5).

6. The police station designated for the execution of detention notifies the issuing authority of the enforcement of the detention. In the event of the person's absence, notification is made immediately.

1. The competent authority for measures pursuant to Articles 4-9 and the central office may recommend that the organizers of sporting events impose stadium bans on individuals who have engaged in violence outside the stadium in connection with a sporting event. The recommendation shall be made with the provision of the necessary data in accordance with Article 24a paragraph 3 BWIS.

1. Measures pursuant to Articles 4-7 can only be imposed on individuals who have reached the age of 12 years. Police custody pursuant to Articles 8-9 can only be imposed on individuals who have reached the age of 15 years.

1. Appeals against decisions of the authorities issued pursuant to Article 3a do not have a suspensive effect. The appellate instance may grant suspensive effect at the request of the appellants.

2. An appeal against a decision on measures pursuant to Articles 4-9 shall have suspensive effect if this does not jeopardize the purpose of the measure, and if the appellate instance or the court expressly grants it in an interim decision.

1. The cantons designate the competent authority for the permits pursuant to Article 3a paragraph 1 and the measures pursuant to Articles 3a paragraphs 2-4, 3b, and 4-9.

2. The competent authority refers, for the purpose of enforcing the measures under Chapter 3, to the penal threat of Article 292 of the Criminal Code.

3. The competent authorities report to the Federal Office of Police (fedpol) based on Article 24a paragraph 4 BWIS

a) Orders and revocations of measures under Articles 4-9 and 12;

b) Violations of measures under Articles 4-9 as well as the corresponding criminal decisions;

c) The areas they have designated.

1. The General Secretariat of the Conference of Cantonal Justice and Police Directors (KKJPD) shall inform the Federal Chancellery about the present concordat. The procedure is governed by Article 27o of the RVOV.

1. This Concordat shall enter into force as soon as at least two cantons have acceded to it, but no earlier than January 1, 2010.

2. The amendments of February 2, 2012, shall enter into force for cantons that approve them on the date their resolution of accession becomes legally binding.

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

1. The cantons shall inform the General Secretariat of the Conference of Cantonal Justice and Police Directors (KKJPD) about their accession, the competent authorities pursuant to Article 13 paragraph 1, and their termination. The General Secretariat of the KKJPD maintains a list of the current status of the concordat.