Ordinance on the Implementation of Civil Court Orders for Electronic Monitoring for Protection Against Violence, Threats, or Harassment - Competent Authority (203a) | CH-LU

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§ 1 Ordinance on the Implementation of Civil Court Orders for Electronic Monitoring for Protection Against Violence, Threats, or Harassment - Competent Authority Open official source

1. The Authority for Military, Civil Protection, and Corrections is responsible, through the Enforcement and Probation Service Department, for executing civil court orders of electronic monitoring according to Article 28c, paragraph 3 of the Swiss Civil Code of December 10, 1907. The Enforcement and Probation Service acts in this area of responsibility on behalf of and following the instructions of the Authority.

2. The Authority may enter into performance agreements with private institutions that conduct electronic monitoring under the provisions of the Corrections Law, as defined in § 20i of the Law on the Management of Finances and Services (FLG) of September 13, 2010, and delegate execution to them.

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§ 2 Ordinance on the Implementation of Civil Court Orders for Electronic Monitoring for Protection Against Violence, Threats, or Harassment - Responsibilities and Procedures Open official source

1. The competent authority pursuant to § 1 shall examine the enforceability of electronic surveillance at the request of the civil court.

2. Upon receipt of the court order, the competent authority shall arrange for the installation and attachment of electronic devices on the person designated by the court, which determine and record their whereabouts, and it shall instruct this person on the operation of the devices.

3. The court shall be notified immediately if the electronic devices cannot be installed.

4. The competent authority shall report any detected irregularities and violations of the court order to the court no later than the following working day.

5. After the expiration of the court-ordered surveillance period, it shall provide the court with a report and make the recordings available to it.

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§ 3 Ordinance on the Implementation of Civil Court Orders for Electronic Monitoring for Protection Against Violence, Threats, or Harassment - Involvement of the Police Open official source

1. Where necessary, the police may be consulted.

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§ 4 Ordinance on the Implementation of Civil Court Orders for Electronic Monitoring for Protection Against Violence, Threats, or Harassment - Data Protection Open official source

1. Data recorded during electronic surveillance may only be used for transmission to judicial and law enforcement authorities.

2. The competent authority pursuant to § 1 shall delete the recorded data no later than one year after the conclusion of the surveillance, unless it has been used in a criminal or civil proceeding.

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§ 5 Ordinance on the Implementation of Civil Court Orders for Electronic Monitoring for Protection Against Violence, Threats, or Harassment - Costs Open official source

1. The competent authority pursuant to § 1 shall invoice the civil court for the costs of electronic monitoring.

Ordinance on the Implementation of Civil Court Orders for Electronic Monitoring for Protection Against Violence, Threats, or Harassment - Competent Authority

Statutory Text (5 Articles)

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