I. General Provisions

1. The Cantonal Police ensures the maintenance of public safety and order throughout the entire territory of the canton.

2. It contributes to the prevention of crimes and accidents through information, counseling, and other appropriate measures.

**1. The Cantonal Police have the following specific duties:**

a) They take measures to prevent imminent threats to public safety and order, as well as to humans, animals, property, and the environment, and to eliminate disturbances that have occurred.

b) They perform the duties of the security, criminal, and traffic police.

c) They carry out the tasks of criminal prosecution in accordance with the provisions of the Swiss Code of Criminal Procedure and the Swiss Juvenile Criminal Procedure Code.

d) They provide administrative and execution assistance to administrative and judicial authorities, insofar as police assistance is legally mandated or necessary to enforce the legal order.

dbis) They are the competent authority for issuing permits in accordance with Art. 3a para. 1 of the Concordat on Measures Against Violence at Sporting Events and take actions according to Art. 3a of the Concordat.

e) They perform other tasks assigned to them by legislation.

**2. The protection of private rights is the responsibility of the police only if the existence of such rights is made credible, if judicial protection cannot be obtained in a timely manner, and if the exercise of the right could be prevented or significantly impeded without police assistance.**

1. To the extent that no overriding protective interests or statutory provisions oppose, the cantonal police shall inform the public about their activities; in cases of detention, this is done in consultation with the investigative authorities.

2. A public search with or without a picture is permissible if there is a suspicion that the person sought has been involved in an accident or has become a victim of a crime, if they could endanger themselves or others, or if they are suspected of a serious misdemeanor or felony.

1. The Government Council may establish an advisory security commission.

1. The Cantonal Police is bound by the Constitution and laws in the performance of its duties.

1. Of the several suitable measures, the cantonal police shall take the one that presumably least affects the individuals concerned and the public.

2. A measure must not result in a disadvantage that is clearly disproportionate to the intended success.

1. The Cantonal Police shall take urgent measures in individual cases, even without a specific legal basis, to avert or eliminate imminent significant threats or existing significant disruptions to public safety and order.

1. Police actions are directed against the person who directly disturbs or endangers public safety and order or who is responsible for the conduct of a third party that leads to a disturbance or endangerment.

2. If a disturbance or endangerment of public order and safety directly emanates from an animal or an object, police actions are directed against the person who, as the owner or for another reason, exercises actual control over the animal or object.

**1. Police actions may be directed against other persons if:**

a) a significant disturbance or an imminent significant danger is to be averted,

b) measures against the disturbers are not possible or promising in a timely manner, and

c) it is reasonable for the affected persons.

1. The police uniform serves as identification for police actions. Upon request, police officers additionally identify themselves with their police identification card, as far as circumstances permit.

2. Plainclothes police officers identify themselves with their police identification card before any official action, provided the circumstances allow it.

3. Details are governed by the regulation.

1. The cantonal police cooperate with the police authorities of other cantons, the federal government, and foreign countries.

1. The Cantonal Council approves agreements negotiated with the Confederation and with other cantons, as well as concordats concerning police cooperation and cross-border police deployment.

2. Insofar as the regulations pertain only to execution matters, cross-border cooperation of special units, or the supplementation of existing agreements, the corresponding authority to conclude lies with the Executive Council.

1. The Government Council may request support from other cantons in special situations or order the deployment of the Cantonal Police in other cantons.

1bis. The Department of Internal Affairs and Security may approve extraterritorial concordat operations of the Cantonal Police within the framework of the Eastern Switzerland Police Concordat or request assistance from the concordat.

2. In cases of high temporal and substantive urgency, the police command may issue the necessary orders.

3. The law of the location of the operation applies to police actions.

1. The Cantonal Police provides enforcement assistance to other authorities and offices upon request. Requests must be made in writing.

2. In urgent cases, the request can be made orally; however, it must be confirmed in writing without delay.

3. The legality of the measure for which enforcement assistance is to be provided is determined by the law of the requesting authority, while the execution of the measure is governed by the law applicable to the Cantonal Police.

1. The Cantonal Police may question individuals in the course of fulfilling police duties.

2. It may summon individuals in writing or verbally, stating the purpose. The summons must, unless special circumstances such as urgent timing are present, indicate the possibility of being escorted.

3. If a person fails to comply with a police summons without sufficient reason, or if there is serious concern that they will not appear, the Cantonal Police may escort them.

1. Competent Authority for Ordering the Surveillance of Postal and Telecommunications Traffic to Find a Missing Person is the Commander of the Cantonal Police. The emergency search can be delegated to the command duty officer.

1. The Cantonal Police may, in addition to the provisions of the Criminal Procedure Law, take persons into police custody for a short period if

a) they seriously and immediately endanger themselves or others,

b) they cause a public disturbance or endanger safety and order due to their condition or behavior,

c) this is necessary to ensure the execution of an expulsion, deportation, ban from the country, or extradition detention ordered by the competent authority,

d) * this is necessary to ensure the execution of an expulsion, a return or restraining order, or a contact ban ordered by the competent authority.

2. The person taken into custody must be informed of the reason for this measure and of their rights as soon as possible; in particular, they have the right to have a person of their trust notified.

3. Minors may be handed over to their legal guardians at their place of residence instead of being held in police custody, with the imposition of the costs incurred. The Child and Adult Protection Authority may be informed of the incident.

4. Police custody in accordance with Art. 8 et seq. of the Concordat on Measures against Violence at Sporting Events remains reserved. The Cantonal Police decide on its imposition.

1. The Cantonal Police may expel a person who seriously endangers others from their apartment or house and the immediate vicinity and prohibit their return for ten days, as well as issue a ten-day restraining order. The restraining order must be limited in terms of area. Additionally, contact with the endangered person may be prohibited.

1bis. The Cantonal Police is responsible for the expulsion from a shared residence as per Article 28b paragraph 4 of the Swiss Civil Code (ZGB).

2. The Cantonal Police shall submit a copy of the order to the competent member of the Higher Court within 24 hours.

1. The cantonal police may issue an eviction order, a return ban, a restraining order, and a contact prohibition against a person who stalks or threatens another person.

2. The cantonal police shall submit a copy of the order to the competent member of the higher court within 24 hours.

1. If the endangered or harassed person requests the ordering of protective measures from the sole judge of the Cantonal Court within seven days after the imposition of a measure pursuant to Art. 17 or Art. 17a, the measure is extended until the judicial decision, but for no longer than ten days.

2. The judge informs the cantonal police about the receipt of the application and communicates the extension to the parties concerned.

1. The cantonal police shall inform the affected persons in writing about the scope of the measures ordered. They specifically inform the victims of violence about victim support and any other agencies responsible for victim care, and the persons ordered to leave, in particular about counseling and therapy services.

2. If child or adult protection measures are considered, the cantonal police shall report the eviction to the Child and Adult Protection Authority as soon as possible.

1. During the duration of the measures according to Articles 17 and 17a, the decision can be challenged in writing with the competent member of the High Court. The decision shall be communicated to the affected parties no later than three working days after receipt of the application.

2. The challenge does not have a suspensive effect.

1. The Cantonal Police may, in addition to the provisions of the Criminal Procedure Law, issue a warrant for a person whose whereabouts are unknown if

a) the conditions for police custody are met,

b) the person has escaped from an institution where they are required to stay for criminal, child or adult protection, or welfare reasons, or

c) the person is missing.

2. The warrant will be revoked once the reason for its issuance no longer exists.

1. The cantonal police may temporarily remove or keep persons away from a place if they

a) are seriously and immediately endangered,

b) obstruct operations to restore or maintain public safety and order, in particular by police forces, fire services, or rescue services, or

c) prevent law enforcement officers from executing enforceable actions or fulfilling police duties;

d) endanger or disturb public safety and order, in particular if they endanger or harass third parties or hinder the intended use of publicly accessible spaces, or cause a public nuisance under the influence of alcohol or other intoxicating substances.

2. Anyone who disregards the removal or prohibition under para. 1 shall be punished with a fine.[11]

3. The cantonal police impose area prohibitions and reporting requirements in accordance with the concordat on measures against violence at sporting events.[12]

1. The expulsion and restraining order is issued orally, with the restraining order lasting for a maximum of 24 hours.

2. In special cases, particularly when a person has repeatedly been expelled from or restrained from a location, the restraining order can be issued for up to one month. In these cases, both the expulsion and restraining order are issued in writing.

3. The police inform the expelled individual about

a) the reasons and duration of the expulsion or restraining order;

b) the geographical area to which the restraining order applies;

c) the consequences of disregarding the order;

d) the possibilities for appeal.

1. In the case of an oral order for direction and prohibition from return, a written order can be requested within five days.

2. The written orders can be appealed to the competent member of the High Court.

3. The appeal does not have a suspensive effect.

1. The cantonal police may, in addition to the provisions of the Code of Criminal Procedure, search a person and their belongings if

a) it appears necessary under the circumstances to protect police officers or a third party, or

b) the person is evidently in a state precluding free will, and the search is necessary for their protection.

2. Except in the case of searches for weapons, searches should be conducted by a person of the same gender.

3. Searches under Article 3b of the Concordat on Measures Against Violence at Sporting Events are reserved. The cantonal police decide on their order and the authorization of private security companies.

1. The cantonal police may enter and search private properties without the consent of the entitled person only if

a) it is necessary to avert a current significant danger,

b) there is reason to believe that a person is in need of assistance to protect life and limb,

c) the entitled person has died or is unresponsive due to a health disorder or an impact on life and limb. This applies only insofar as entering these premises is necessary for clarifying the facts and no other entitled persons are present or reachable, or

d) it is provided for by other legal provisions.

1. Public spaces and streets may be monitored by video cameras which do not permit the identification of individuals.

2. The Department of Internal Affairs and Security may authorize the localized surveillance with video cameras that do permit individual identification, if the use of such video cameras is suitable and necessary for maintaining public safety and order, and if the public is made aware of this use through signage.

3. Recorded materials from surveillance systems must be destroyed after 100 days. However, they may be retained for further use in a criminal proceeding.

4. Abuse of the video material must be prevented through appropriate technical and organizational measures. Details are governed by regulation.

1. The cantonal police are authorized to return minors who are under comprehensive guardianship or admitted to an institution, and who have evaded parental or official supervision, to their legal guardians, the competent authority, or the institution.

1. The cantonal police are authorized to use direct force against property and persons and to employ appropriate means to fulfill their duties.

2. To the extent that circumstances permit, the use of direct force must be threatened in advance.

1. The restraint of persons is permissible if there is a danger that they may

a) attack people, resist, or damage property,

b) escape or be freed, or

c) could harm or injure themselves.

2. Restraint is always permitted during transports.

1. The cantonal police may use firearms when other available means are insufficient to fulfill the police duty.

2. The use of firearms is justified

a) in the case of an immediate dangerous attack or a corresponding threat against third parties or police officers,

b) to apprehend persons who have committed a serious crime or serious offense or are strongly suspected of such and attempt to evade arrest or a previously executed detention by fleeing,

c) when information or own observations provide certainty or urgent suspicion that persons pose an immediate threat to the life and limb of others and attempt to evade arrest or a previously executed detention by fleeing,

d) to free hostages, or

e) to prevent an imminent serious crime or serious offense to facilities serving the public or that pose a particular danger to the public due to their vulnerability.

3. The use of firearms must be preceded by a clear warning call, provided the purpose and circumstances allow it.

1. Anyone who conceals their identity in assemblies or demonstrations requiring approval shall be punished with a fine.

2. The competent authority may grant exceptions if respectable reasons justify concealing one's identity. Carnival and other traditional, folkloric events are not subject to this prohibition.

3. The police command may, in individual cases, refrain from enforcing the prohibition if it seems necessary to prevent an escalation.

1. The cantonal police may collect and process data for the purpose of fulfilling police duties.

1. The Cantonal Police conducts the data collections necessary for the legal and appropriate fulfillment of its duties in accordance with the applicable data protection legislation.

2. The regulation specifies the details, particularly regarding

a) the type and scope of the registered data,

b) the deletion of data, and

c) the procedure for information and correction requests.

3. The Government Council may authorize the Cantonal Police to make its own data collections accessible to other police authorities through a retrieval procedure for the purpose of criminal prosecution and the protection of police assets.

1. Police data may be disclosed if it serves the fulfillment of statutory duties, the prevention of danger, or the protection of police assets.

2. Specifically, the transfer of data to police analysis units may occur in an institutionalized and systematic manner.

1. The Cantonal Police enforces the Intercantonal Agreement of April 2, 2009, on computer-based collaboration among the cantons in the investigation of violent crimes.

2. The following authorities inform the Cantonal Police about events relevant to the deletion of data records and the suspension of deadlines within the scope of the ViCLAS Concordat

a) the Public Prosecutor's Office provides its legally binding terminations of proceedings,

b) the Courts provide their legally binding acquittals and terminations of proceedings,

c) the authority responsible for the execution of sentences and measures provides the start and end of sentences and measures.

3 ...

1. The fulfillment of tasks in the area of preventive federal state protection is governed by federal law.

2. Organizational details are regulated by the ordinance.

1. The cantonal police are responsible for fulfilling police duties throughout the entire territory of the canton. The municipalities may perform police duties in connection with stationary traffic.

1. Appointment, remuneration, and any uniform requirements for municipal police officers are the responsibility of the municipality. These officers are trained and further educated by the cantonal police.

2. The Department of Internal Affairs and Security, in coordination with the municipality, regulates the scope of duties and jurisdiction of these officers and issues them with the appropriate identification.

1. The cantonal police are under the supervision of the government council and report to the Department of Internal Affairs and Security. They are led by a commander, either a female or male.

2. The ordinance regulates the details of the organization.

3. The cantonal police are assigned the police reinforcement pertaining to civil protection, which is armed for this purpose.

1. The cantonal police consists of police officers and administrative staff.

2. The police officers are vested with the powers assigned to them by law in the fulfillment of their duties.

3. Administrative staff can be deployed wherever police training is not necessary or where no police enforcement measures are to be ordered or executed.

1. Individuals with Swiss citizenship can be definitively admitted to the Cantonal Police by election of the Department of Interior and Security, provided they have successfully completed basic police training and obtained the federal professional certificate of Police Officer.

2. The Police Commander and the Police Officers are elected by the Governing Council.

3. Individuals with special expertise can be admitted to the Cantonal Police even without completing police school.

4. Exceptionally, the Department of Interior and Security may waive the requirement of Swiss citizenship for specialists.

1. Police cadets are trained at a police academy determined by the Department of Internal Affairs and Security.

2. The Department of Internal Affairs and Security makes the final decision on admission to the police academy.

3. The reimbursement of training costs is regulated by ordinance.

4. The Police Commander is responsible for the advanced and continued education of police personnel.

1. Police officers who are part of the standby organization must establish residence in the canton. If they are assigned to a police station, their residence must be established within the service area.

2. The Department of Internal Affairs and Security can grant exceptions, particularly taking into account the personal circumstances of the applicant and the needs of the police command.

1. For police officers, the provisions of the Personnel Act and its implementing regulations apply, insofar as this Act and its corresponding implementing regulations do not contain any differing provisions.

1a. Police officers shall be processed for identification purposes in order to facilitate trace selection. This includes, in particular, fingerprinting and photographic recordings as well as samples for DNA analysis within the framework of Art. 3 para. 1 of the DNA Profile Act. The data must be destroyed upon separation from police service.

2. Disciplinary measures shall be imposed on police officers who commit a significant breach of duty. The most severe measure shall be summary dismissal.

3. The ordinance regulates the details.

1. The Cantonal Police operates detention cells.

2. The operation of the cantonal prison is under the supervision of the Department of the Interior and Security and is regulated by a separate ordinance.

1. The Department of Internal Affairs and Security may delegate police transports to a private organization under a regional or national regulation.

1. The canton operates an emergency call center and a radio network. It may collaborate with other cantons and organizations.

2. The details are governed by the ordinance.

**1. Extraordinary deployments of the police for public order services, police protection, or similar purposes made necessary by private large-scale events may result in fees being charged to the organizers.**

2. The amount of the fee is determined by the additional costs incurred, the purpose of the private large-scale event in question, and the extent of the public interest in its execution.

3. The organizers may also be required to provide appropriate public order and security services.

4. Details are governed by the regulation.

1. The governing council may subject the activities of security services or individuals commercially active in this area to a licensing requirement and issue specific regulations for them.

2. The license is granted only to a person who is capable of acting and of good repute.

3. A license may be revoked if

a) the conditions under which it was granted no longer exist or have significantly changed,

b) the stipulations and conditions of the license have been repeatedly violated.

4. Before the revocation of the license, a written warning is generally issued.

1. Individuals who assist the cantonal police in the fulfillment of their duties are entitled to compensation for any damages suffered in the exercise of this activity.

2. Claims against any possible perpetrators of the damage are transferred to the canton to the extent of the compensation paid.

3. No compensation is granted to those individuals who have acted contrary to the instructions of the cantonal police.

**1. For the expenses of the Cantonal Police, fees may be charged in accordance with the law on administrative fees.**

**2. In deviation from Article 3 of the law on administrative fees, fees for decrees, permits, approvals, and other transactions shall be charged as follows:**

a) In general: CHF 5.- to CHF 2,000.-;

b) For damage services (accidents and similar), identification services, and investigations: CHF 50.- to CHF 100,000.-.

**3. The regulation stipulates the details.**

1. The Government Council shall issue the ordinances necessary for the implementation of this Act.

2. The Cantonal Council is authorized to adapt the law to new federal legislation.

3. The issuance of required service regulations is the responsibility of the Police Command.

1. The following enactments are repealed

a) Law of April 25, 1971, on Police Matters[20]

b) Regulation of October 25, 1971, to the Law of April 25, 1971, on Police Matters[21]

c) Service Regulations of the Cantonal Police of January 2, 1979[22]

2. The following enactments are amended:[23]

a) Law of April 30, 1978, on Criminal Procedure[24]

b) Fine Schedule of March 1, 1988, for On-the-Spot Fining by the Cantonal Police[25]

1. This law is subject to the optional referendum.

2. The government council determines the commencement.