Act on the Organisation of Courts and Authorities in Civil, Criminal and Administrative Court Proceedings (Judiciary Act, JusG) (Justizgesetz, JusG) - Subject Matter (JusG)

1. The law regulates the organization of the Cantonal Court and its jurisdiction in civil, criminal, and administrative judicial proceedings, as well as the organization and jurisdiction of other courts and conciliation authorities in civil and criminal proceedings.

2. It determines the criminal prosecution authorities and regulates the organization of the public prosecutor's office.

3. It contains the implementation provisions for the execution of the Swiss Civil Procedure Code of December 19, 2008 (CPC), the Swiss Criminal Procedure Code of October 5, 2007 (CrimPC), and the Swiss Juvenile Criminal Procedure Code of March 20, 2009 (JuvCrimPC).

4. Special provisions that govern the execution of civil law, the prosecution of criminal offenses, or the procedure remain reserved.

1. The Code of Civil Procedure, the Code of Criminal Procedure, and the Juvenile Criminal Procedure Code, as well as this law, also apply to proceedings under cantonal and municipal civil and criminal law.

1. Conciliation Authorities are

a. the Justices of the Peace,

b. the Conciliation Authority for Tenancy and Lease,

c. the Conciliation Authority for Employment,

d. the Conciliation Authority for Equality.

2. The courts responsible in civil proceedings are

a. the Cantonal Court,

b. the District Courts,

c. the Employment Court.

1. Law Enforcement Authorities are

a. the police according to the Law on the Lucerne Police of January 27, 1988,

b. the public prosecutor's office,

c. * other individuals who have been assigned corresponding police tasks in the legislation.

2. The courts competent in criminal proceedings are

a. the Cantonal Court,

b. the District Courts,

c. the Criminal Court,

d. the Juvenile Court,

e. the Compulsory Measures Court.

1. The Cantonal Court is the competent court in administrative proceedings.

2. Estimation commissions according to special cantonal enactments are reserved.

1. The Cantonal Council determines the location of the courts and the conciliation authorities by cantonal council resolution, insofar as this is not dictated by law.

1. The courts and authorities fulfill all duties assigned to them under the Swiss procedural laws and the Administrative Procedure Act of July 3, 1972 (APA), as well as pursuant to other federal and cantonal laws.

1. The Cantonal Council elects the judges of the Cantonal Court, including substitute judges and specialist judges, in the second year following the new election of the Cantonal Council. The term of office begins on June 1st.

2. Upon the proposal of the Cantonal Court, it elects a president and a vice-president from among the judges of the Cantonal Court.

3. It may appoint extraordinary substitute judges for a specific period or for specific cases.

4. The Cantonal Court may present election proposals to the Cantonal Council for the election of substitute judges.

5. It may present its requirements to the Cantonal Council before the election of specialist judges.

**1. The Cantonal Council elects the judges of the first-instance courts. It may appoint them to one or more first-instance courts, as well as elect them as judges assigned to various positions.**

**2. The election takes place every third year following the election of the Cantonal Council, with the term of office commencing on January 1st, initially effective upon the enactment of this law.**

**3. The Cantonal Council elects the presidents of the chambers from among the judges of the first-instance courts.**

**4. It elects the president of the Youth Court from among the chamber presidents of the District Court of Lucerne, and the president of the Coercive Measures Court from among the chamber presidents of the District Court of Kriens.**

1. A person is eligible to be elected as a judge if they have completed legal training (Master's or Licentiate degree) and hold a bar license or an equivalent qualification.

2. Paragraph 1 does not apply to specialized judges. These must be qualified to participate in cases from specific fields due to their professional training and experience.

1. Judges may not be members of either the Cantonal Council or the Government Council.

1. Oath or Affirmation Before Taking Office

a. Judges of the Cantonal Court shall take the oath or affirmation before the Cantonal Council.

b. The division presidents of the courts of first instance, insofar as they have not already been sworn in as judges, shall take the oath or affirmation before the president of the Cantonal Court.

c. Freely appointed judges shall take the oath or affirmation before the president of the group of first instance courts (§ 26).

d. The remaining judges of the first instance courts shall take the oath or affirmation before their respective court president.

2. Upon re-election, no new oath or affirmation is required.

1. Secondary occupations of judges are not permitted if they impair the unrestricted fulfillment of official duties or could be incompatible with the independence and reputation of the court.

2. If a full-time or primarily employed judge wishes to engage in a secondary occupation, he or she must obtain authorization from the Cantonal Court. Activities in associations, foundations, and other non-profit organizations are not subject to authorization.

3. The full-time and primarily employed judges of the Cantonal Court are prohibited from engaging in legal, notarial, custodial, or fiduciary activities. Employment within the cantonal administration is excluded.

4. Substitute judges of the Cantonal Court are prohibited from practicing as lawyers before the divisions to which they are assigned.

5. The judges of the first instance courts, as well as the judges who can be freely deployed, are prohibited from practicing as lawyers in civil and criminal law matters before courts, conciliation, and prosecution authorities in the canton of Lucerne.

6. The Cantonal Court may further regulate the exercise of secondary occupations in an ordinance.

1. Upon taking office, each judge must inform the Cantonal Court in writing, subject to professional confidentiality, about

a. primary and secondary professional occupations,

b. activities in executive and supervisory bodies of corporations, institutions, and foundations governed by private and public law,

c. ongoing leadership and advisory roles in interest groups domestically and abroad,

d. participation in commissions and other bodies of the federal government, the canton, and the municipalities.

2. The Cantonal Court shall establish a public register with the information provided by the judges. It shall ensure compliance with disclosure obligations.

3. Changes must be reported to the Cantonal Court at the start of the calendar year.

1. The Cantonal Court is the highest judicial authority of the canton in civil, criminal, and administrative matters.

2. The Cantonal Council determines by cantonal council resolution the number of full-time judges and the number and the degree of employment of part-time judges, as well as the number of substitute judges and expert judges.

3. The Cantonal Court constitutes itself.

4. It may change the degree of employment of judges with their consent by a maximum of 20 percentage points. The change is valid until the end of the term of office. The total of the percentage employment of the judges of the court must not be increased as a result.

1. The Cantonal Court is divided into four to six divisions.

2. It regulates the details in its rules of procedure.

1. In civil matters, the Cantonal Court is competent

a. * for proceedings as the sole cantonal instance (Art. 5 and 8 of the Swiss Code of Civil Procedure [ZPO] and Art. 7 of the Federal Act on International Child Abduction and the Hague Conventions on the Protection of Children and Adults of 21 December 2007 [BG-KKE]),

b. for appeals and complaints,

c. for revisions in cases where it has decided as the last instance in the matter,

d. for requests for legal assistance, insofar as it is competent based on international treaties,

e. as the superior court in arbitration matters (Art. 356 para. 1 ZPO),

f. * for enforcements according to BG-KKE (Art. 12).

1. In criminal cases, the Cantonal Court has jurisdiction over appeals, complaints, and revisions.

1. In administrative matters, the Cantonal Court is responsible for appeals and claims, as well as the review of enactments under the Administrative Procedure Law and for other public-law matters assigned to it by federal law or cantonal law.

1. Decisions are made by a division. The full court has no jurisdictional function.

2. The divisions generally decide in panels of three. The individual judges of the divisions decide in the cases mentioned in § 18a.

3. In special cases, particularly those of great importance,

a. a division may decide in a panel of five,

b. the individual judge may submit the matter in dispute to the division for assessment.

4. The rules of procedure regulate the specifics.

1. The Single Judge decides in civil and enforcement matters on

a. * legal remedies and claims when the amount in dispute is less than 20,000 Swiss Francs,

b. appeals against divorce judgments, provisional measures in divorce proceedings, and marriage protection decisions with comprehensive agreement of the parties on ancillary matters before the second instance,

c. matters of summary proceedings, insofar as they are not the subject of an appeal or do not concern international child abductions.

2. The Single Judge decides in administrative matters on

a. * legal remedies and claims when the amount in dispute is less than 20,000 Swiss Francs; the calculation of the amount in dispute is governed mutatis mutandis by the provisions of the Federal Act on the Federal Supreme Court of June 17, 2005 (Federal Supreme Court Act),

b. legal remedies concerning administrative measures under road traffic law,

c. legal remedies concerning the waiver of taxes and other public law levies,

d. complaints when the matter must be referred back to the deciding authority without a decision regarding the materially disputed rights and obligations due to violation of procedural rights or incomplete determination of facts,

e. measures to secure evidence for future proceedings (§ 58 para. 1 VRG),

f. complaints in social insurance legal disputes, if the deciding authority requests approval.

3. The Single Judge decides in all proceedings which can be concluded without a judgment on the merits.

4. Reserved are further cases provided for by law and differing provisions of federal law.

1. The Cantonal Court conducts elections, insofar as it is authorized to do so under this or any other law.

1. The Cantonal Court shall adopt its own rules of procedure. In these rules, it shall regulate in particular its organization, administration, election competencies, the composition and responsibilities of the divisions, as well as the conduct of proceedings.

2. It shall regulate further details concerning the organization of the courts and conciliation authorities in a regulation.

3. It shall issue the additional regulations provided for by the legal system.

1. The Cantonal Court exercises supervision over the courts of first instance and conciliation authorities. It also acts as the supervisory authority in land registry matters and as the superior supervisory authority in debt enforcement and bankruptcy matters.

2. Within the framework of its supervisory powers, it manages the court administration and oversees the authorities subordinate to it. The principles of §§ 21 and 21a of the Organizational Act of March 13, 1995, apply mutatis mutandis to the administrative areas assigned to the judiciary.

3. It may appoint extraordinary members of the courts and authorities subordinate to it for a specific period or specific cases.

4. It approves the decisions of the courts and authorities subordinate to it, insofar as the legal system provides for this.

1. The Cantonal Court manages itself.

2. Within the scope of its supervision, it directs the court administration as well as the administration of the authorities under its jurisdiction.

3. It may implement central services, particularly in the fields of information technology and finance, for the entire judicial system.

4. It represents the courts and authorities in dealings with the Cantonal Council and the Government Council.

5. It ensures the public is informed about the activities and organization of the courts and authorities. The provisions of §§ 68a-68g and 70a of the Organizational Act concerning access to official information in accordance with the principle of public access apply accordingly to matters of court administration as well as the departments subordinate to the Cantonal Court.

1. The President shall preside over the Cantonal Court and its Executive Board. In the event of absence, he or she shall be represented by the Vice President.

1. The management board consists of the President and the Vice President. The rules of procedure may provide for additional management board members from among the judges.

2. The management board is responsible for

a. decisions on personnel matters, to the extent they are not the prerogative of the full court,

b. the determination or approval of performance mandates and the decision on the global budget (§§ 51 and 52),

c. all leadership duties and matters of court administration and supervision that are not assigned to any other body.

1. The full court is composed of all judges, excluding the substitute judges and the specialized judges.

2. It is responsible for

a. the issuance of the rules of procedure,

b. the issuance of regulations as provided by the legal system,

c. the nomination proposals according to § 7,

d. the appointment of the Secretary-General and the Deputy Secretary-General,

e. the establishment of the cantonal court,

f. other tasks designated in the rules of procedure.

1. The Secretary General shall oversee the central services of the Cantonal Court.

2. He or she shall have the right to submit proposals and a consultative voice in the executive management, as well as a consultative voice in the full court.

3. Additional duties may be assigned to the Secretary General in the rules of procedure.

1. The courts of first instance are

a. the District Courts,

b. the Labor Court,

c. the Criminal Court,

d. the Juvenile Court,

e. the Compulsory Measures Court.

1. The canton consists of the four judicial districts of Lucerne, Kriens, Hochdorf, and Willisau, each with its own district court.

2. The Cantonal Council determines the affiliation of the municipalities to the judicial districts through a cantonal council resolution.

1. The Juvenile Court is affiliated with the District Court of Lucerne, whose judges are also elected as judges of the Juvenile Court.

2. The Coercive Measures Court is affiliated with the District Court of Kriens. Besides the judges directly elected to the Coercive Measures Court, the judges of the District Court are also elected to the Coercive Measures Court.

3. The respective district courts designate the judges who serve on the Juvenile Court and the Coercive Measures Court.

1. The first-instance courts form an organizational group.

2. The Cantonal Court shall regulate, by ordinance and upon the proposal of the group of first-instance courts, the organization and tasks of the group, insofar as they are not determined by law. It elects the president of the group.

3. The group of first-instance courts has a number of judges who are freely deployable, who are not or are not exclusively elected to a specific court.

1. The Cantonal Court stipulates in a regulation, upon the request of the first-instance courts group

a. the number of divisions for each court,

b. the number of division presidents for each court,

c. the total percentage of positions for division presidents, judges, and judges at large,

d. the minimum and maximum number of judges and judges at large.

2. Prior to the election by the Cantonal Council, the first-instance courts group determines the number and employment degrees of the judges to be elected for each court, as well as of the judges at large. The Cantonal Court approves the resolution and submits it to the Cantonal Council as the basis for the election.

1. Freely deployable judges are assigned by the group of first-instance courts as needed to all courts within the group.

2. The group may exceptionally assign judges elected to a particular court to serve at another court for a specific period.

3. The courts may temporarily appoint judges in deviation from the constitutive resolution according to § 30.

1. The employment rate of judges at the first instance courts and that of the freely assignable judges is

a. at least 80 percent for department presidents,

b. at least 50 percent for judges, exceptionally 40 percent.

2. Individual courts may change the employment rate of their judges with their consent. The group of first instance courts may change the employment rate for the freely assignable judges. Such changes are valid until the end of the current term of office.

1. Each court shall constitute itself. Courts with multiple divisions shall designate a division president as the court president. The courts shall assign judges to the divisions.

2. The courts shall establish rules of procedure and define therein the responsibilities of the divisions. The rules of procedure must be approved by the Cantonal Court.

1. The District Courts are the enforcement courts in civil matters and the lower supervisory authority in debt enforcement and bankruptcy proceedings.

1. The Labor Court is competent

a. for disputes arising from private employment relationships, particularly in accordance with Articles 319 et seq. of the Swiss Code of Obligations dated March 30, 1911 (CO),

b. as the sole instance in arbitration matters (Art. 356 para. 2 CPC).

1. The criminal court is competent to adjudicate crimes within the meaning of Articles 10 and 11 of the Swiss Criminal Code of December 21, 1937 (StGB), insofar as the following paragraphs do not provide otherwise.

2. It adjudicates the following offenses

Killing on request (Art. 114 StGB), abortion by the pregnant woman (Art. 118 StGB), intentional endangerment by explosives or toxic gases without criminal intent (Art. 225 para. 2 StGB), intentional spread of animal diseases (Art. 232 ch. 1 para. 1 StGB), intentional spread of harmful organisms (Art. 233 ch. 1 para. 1 StGB), counterfeiting of money (Art. 240 para. 2 StGB), falsification of money (Art. 241 para. 2 StGB), putting counterfeit money into circulation (Art. 242 para. 1 StGB), border shift (Art. 256 StGB), causing alarm to the public (Art. 258 StGB), public incitement to commit a crime or to violence (Art. 259 para. 1 StGB), prohibited acts for a foreign state (Art. 271 ch. 1 StGB), political intelligence service (Art. 272 ch. 1 StGB), economic intelligence service (Art. 273 StGB), violence and threats against authorities and officials (Art. 285 ch. 2 para. 2 StGB), false testimony by a party (Art. 306 StGB), false testimony, false expert report, false translation (Art. 307 para. 3 StGB), liberation of prisoners (Art. 310 ch. 2 para. 2 StGB), permitting escape of prisoners (Art. 319 StGB).

3. If damage of at least 30,000 Swiss Francs has occurred or the perpetrator intended to cause such damage, it adjudicates the following offenses

Embezzlement (Art. 138 StGB), theft (Art. 139 StGB), unlawful appropriation of energy (Art. 142 para. 2 StGB), unauthorized acquisition of data (Art. 143 StGB), property damage (Art. 144 para. 3 StGB), data damage (Art. 144bis ch. 1 para. 2 and ch. 2 para. 2 StGB), fraud (Art. 146 StGB), fraudulent misuse of a data processing system (Art. 147 StGB), check and credit card misuse (Art. 148 StGB), usury (Art. 157 StGB), breach of fiduciary duty (Art. 158 ch. 1 para. 3 and ch. 2 StGB), receiving stolen goods (Art. 160 StGB), fraudulent bankruptcy and fraudulent seizure (Art. 163 ch. 1 StGB), damaging creditors by diminishing assets (Art. 164 ch. 1 StGB), mismanagement (Art. 165 ch. 1 StGB).

4. It has first-instance jurisdiction to adjudicate all crimes and misdemeanors if they are closely related to crimes or misdemeanors of another person which are to be adjudicated according to paragraphs 1-3.

1. The panel decides with a composition of three members.

2. Unless the single judge has jurisdiction, the panel is responsible in civil proceedings for

a. ordinary procedures,

b. simplified procedures according to Article 243 paragraphs 2a, c, e, and f of the Code of Civil Procedure for property disputes exceeding 30,000 Swiss francs and for disputes whose value cannot be estimated by the nature of the matter,

c. contentious matrimonial and partnership legal proceedings.

3. In criminal proceedings, the panel has jurisdiction unless the law provides for a single judge.

1. The Sole Judge is responsible in civil proceedings and proceedings under the Federal Act on Debt Enforcement and Bankruptcy of April 11, 1889 (SchKG)

a. for ordinary procedures: orders of dismissal (Art. 241 f. of the Swiss Code of Civil Procedure, ZPO), non-admission (Art. 59 para. 2f ZPO) and in the absence of an action permit (Art. 209 para. 3 ZPO),

b. for simplified procedures, unless the division is responsible,

c. for summary procedures,

d. for non-contentious marital and partnership law procedures,

e. for the approval of agreements in mediation and conciliation procedures,

f. for the preliminary taking of evidence before the main proceedings become pending,

g. for legal assistance,

h. * for protective detention,

i. as the lower supervisory authority under SchKG,

j. as the sole instance in arbitration matters,

k. * for mediation in disputes concerning child matters,

l. * for mediation, provided that a request for legal aid has been submitted with the request for mediation; if the request for legal aid is rejected without a hearing or the request is not admitted, the mediation request is referred to the competent justice of the peace after the decision becomes final,

m. for all other procedures, unless the division is responsible.

2. The Sole Judge is responsible in criminal proceedings against adults

a. for court proceedings in cases of infractions (Art. 19 para. 2a of the Swiss Code of Criminal Procedure, StPO),

b. * for court proceedings in cases of crimes and misdemeanors, except for those where the public prosecutor’s office applies for a custodial sentence of more than one year, a detention measure according to Article 64 of the Criminal Code (StGB), an inpatient treatment according to Articles 59 and 60 StGB, an inpatient measure for young adults according to Article 61 StGB or, in the case of simultaneously revocable conditional sanctions, a detention of more than one year,

c. for court proceedings in simplified procedures (Art. 358 ff. StPO), insofar as Article 19 paragraph 2b StPO allows this,

d. for independent subsequent decisions (Art. 363 ff. StPO), except for detention and inpatient treatment,

e. in independent confiscation procedures (Art. 377 para. 4 and 378 StPO),

f. in cases mentioned by the law.

2bis. In special cases, the Sole Judge may submit the dispute to the division for assessment in accordance with paragraph 2b. A return referral is excluded.

3. The President of the Juvenile Court decides as a Sole Judge on appeals against penalty orders in criminal proceedings against juveniles that involve infractions (Art. 34 para. 3 of the Juvenile Criminal Procedure Code, JStPO).

4. The Sole Judge decides in the entire jurisdiction of the Compulsory Measures Court.

**1. The Division President**

The Division President or the Division Vice President holds the chairmanship in the division and oversees the proceedings. He or she is responsible for the explanation or correction of a decision made by the division.

2. The procedural management is specifically responsible for

a. Interventions (Art. 73 et seq. CCP),

b. Third-party notices (Art. 82 CCP),

c. Security payments (Art. 99 CCP),

d. Legal aid (Art. 117 et seq. CCP),

e. The restoration of deadlines (Art. 148 f. CCP),

f. Exemption from costs in mediations concerning child-related matters (Art. 218 para. 2 CCP),

g. Correction of records (Art. 235 para. 3 CCP).

3. The Division Presidents may delegate their tasks in individual cases to a judge as the presiding member.

1. The division president or the presiding member may delegate the conduct of the proceedings or the taking of evidence, in whole or in part, to an instructing judge.

1. Court clerks participate in the instruction of cases and in the decision-making process. They have an advisory voice.

2. They prepare reports under the responsibility of a judge and edit the decisions.

3. They may be assigned additional tasks, particularly in court administration, training and education, and examination matters.

1. The Cantonal Council elects the Justices of the Peace and their deputies, the presidents, and the other members of the joint conciliation authorities for a term of office of four years.

2. The joint representatives are elected based on proposals from associations and other organizations that primarily represent the interests of the affected parties.

1. Eligible for election as a member of a conciliation authority is anyone who holds Swiss citizenship.

2. The professional eligibility requirements for judges as per § 9 paragraph 1 apply to the president and other members of the joint conciliation authorities, with the exception of the joint representatives.

1. Members of the Conciliation Authorities may not belong to the Government Council or a court and, with the exception of the parity representatives, may also not belong to the Cantonal Council. This is subject to §§ 48 paragraph 2 and 50 paragraph 2.

1. Secondary employment for members of conciliation authorities is not permitted if it impairs the unrestricted fulfillment of official duties or could be inconsistent with the independence and reputation of the conciliation authority.

2. If a member of a conciliation authority, excluding the parity representatives, wishes to pursue secondary employment, they must obtain authorization from the Cantonal Court. Activities in associations, foundations, and other non-profit organizations do not require authorization.

3. Justices of the peace are prohibited from practicing law in the civil and criminal law sectors before the courts and conciliation authorities of the Canton of Lucerne. Members of parity conciliation authorities are prohibited from practicing law before their own conciliation authority.

4. The Cantonal Court may further regulate the conduct of secondary employment by means of an ordinance.

1. The Cantonal Court shall determine in an ordinance

a. the number and the percentage of positions of the justices of the peace,

b. upon request from the joint conciliation authorities, the number of divisions, the number of members, and, where necessary, the percentage of positions.

2. Before the election by the Cantonal Council, the Cantonal Court shall submit the decisions regarding the number and employment grades of the justices of the peace to be elected, along with the necessary information about the members of the other conciliation authorities, to the Cantonal Council as a basis for the election.

1. The Rental and Lease Conciliation Authority, the Labor Conciliation Authority, and the Equality Conciliation Authority are composed of members on a parity basis. They conduct proceedings with a panel of three.

2. The President conducts the sessions and is responsible for decisions of non-admission in clear cases and for decisions to dismiss.

3. The President may delegate these tasks to a presiding member on a case-by-case basis.

1. The parity-based arbitration authorities shall establish their own rules of procedure.

2. The rules of procedure must be approved by the Cantonal Court.

1. The peace magistrate districts correspond to the judicial districts.

1. Instead of the Justice of the Peace, the following are competent

a. the district courts in family law disputes concerning child-related matters,

b. the conciliation authority for labor in disputes arising from private employment relationships,

c. * the district courts for mediation, provided that a request for legal aid is submitted with the mediation application; if the request for legal aid is dismissed without a hearing or is not admitted, the mediation application is referred to the competent Justice of the Peace after the decision becomes legally binding,

d. the cantonal court in mediation proceedings as outlined in subparagraph c, provided it is competent as the sole cantonal instance (Art. 5 of the Code of Civil Procedure).

1. The Rent and Lease Conciliation Authority acts as a depository pursuant to Article 259g paragraph 1 of the Swiss Code of Obligations and approves the forms for notifying terminations and rent increases (Article 266l paragraph 2 and 269d paragraph 1 of the Swiss Code of Obligations).

1. The Labor Conciliation Authority is administratively affiliated with the Labor Court.

2. The president and the members of the Labor Court are, by virtue of their office, members of the Conciliation Authority.

1. The Labor Conciliation Authority consists of a chairperson and an equal representation of the employer and employee sides.

2. It is responsible for conciliation procedures in all disputes arising from private law employment relationships.

1. The Equality Conciliation Authority is administratively affiliated with the Labor Court.

2. The president and the members of the Labor Court are ex officio members of the Conciliation Authority.

1. The Cantonal Court issues an annual service mandate. This is based on the multi-year performance planning pursuant to § 19 paragraph 1 of the Financial and Performance Management Act dated September 13, 2010.

2. An annual service mandate to be approved by the Cantonal Court is issued by

a. the group of first instance courts in their entirety,

b. the other departments subordinate to the Cantonal Court.

3. The service mandates particularly include

a. the services to be provided,

b. the goals and performance figures to be achieved,

c. the available global budget,

d. the general framework conditions.

4. The service mandates serve to inform the Cantonal Council, except for the global budgets, which are decided by the Cantonal Council.

1. The Cantonal Court annually decides, in coordination with the Executive Council, on one or more global budgets for itself, the group of first instance courts, and the departments subordinate to it, to be submitted to the Cantonal Council. The Executive Council incorporates these global budgets into the draft of the canton's budget estimates.

1. The group of first instance courts allocates the tasks from the service contract to the individual courts.

2. It allocates the financial and personnel resources from the global budget to the courts.

1. The Cantonal Court reports to the Cantonal Council within the scope of the annual report of the Cantonal Government on the fulfillment of the performance mandates and the use of the global budget or budgets.

1. The Cantonal Court, the group of first instance courts, and the offices subordinate to the Cantonal Court perform the controlling functions.

2. The Cantonal Court determines the specifics.

1. The Cantonal Court may form additional groups organizationally from its departments.

2. It regulates their organization and tasks in an ordinance, insofar as these are not determined by law. It appoints the leader of the group.

3. The provisions of this law regarding governance apply mutatis mutandis.

1. The Cantonal Council elects the public prosecutors and the juvenile prosecutors.

2. Upon the request of the Governing Council, it elects a chief public prosecutor from among the public prosecutors.

1. Eligible for election as a prosecutor or juvenile prosecutor is anyone who holds Swiss citizenship, has completed legal education (Master's or Licentiate degree), and possesses a bar license or equivalent qualification.

2. Eligible for election as chief prosecutor is anyone who has several years of experience as a prosecutor.

1. Public Prosecutors and Youth Prosecutors are not allowed to be members of the Cantonal Council or a court.

1. Before taking office, prosecutors and juvenile prosecutors shall take an oath or make an affirmation before the Cantonal Council.

2. Those who do not take the oath or make the affirmation shall forfeit the office.

3. Upon re-election, no new oath or affirmation is required.

4. Extraordinary prosecutors and extraordinary juvenile prosecutors shall take the oath or make the affirmation before the Chief Prosecutor.

1. The Cantonal Council determines the number and employment levels of public prosecutors and juvenile prosecutors by a resolution of the Cantonal Council.

2. The Public Prosecutor's Office may change the employment levels of public prosecutors and juvenile prosecutors with their consent, by a maximum of 20 percentage points. This change is valid until the end of the current term of office. The total sum of percentage points may not be increased.

1. The Government Council may appoint extraordinary public prosecutors and extraordinary juvenile prosecutors for a specified period.

2. The Cantonal Court may appoint extraordinary public prosecutors and extraordinary juvenile prosecutors for specific cases.

1. The Public Prosecutor's Office is considered a department within the meaning of cantonal organizational and personnel law, insofar as this law does not provide otherwise.

1. The public prosecutor's office is divided into departments, which are responsible for the entire canton or a part of the canton's territory.

2. The Department for Juvenile Offenses (Juvenile Prosecutor's Office) is specifically responsible for the entire canton.

3. The government council regulates the organization and territorial division in an ordinance.

1. The Chief Prosecutor directs the Public Prosecutor's Office.

2. He or she selects

a. from among the prosecutors: a deputy chief prosecutor or multiple deputy chief prosecutors,

b. from among the prosecutors: the prosecutors for mutual legal assistance and other special tasks of the Chief Prosecutor's Office,

c. from among the prosecutors and the juvenile lawyers: the heads of the investigative departments,

d. the minor offenses judges,

e. the remaining staff of the Public Prosecutor's Office.

3. He or she has the right to issue general and case-specific directives, can assign tasks at any time as necessary, and in special cases, may delegate the leadership of a criminal proceeding, in accordance with §§ 68 and 71, in whole or in part, to a deputy chief prosecutor or a prosecutor of the Chief Prosecutor's Office.

1. The Office of the Chief Public Prosecutor oversees criminal investigations and ensures their proper and expedited conduct, as well as uniform application of the law. It may request reports on the status of the investigations.

2. It approves decisions to not open proceedings, suspend proceedings, and dismiss proceedings. In cases of felonies and misdemeanors, it may file an objection in summary penalty order proceedings with the competent public prosecutor or youth prosecutor.

1. The Chief Public Prosecutor's Office Decides

a. on grounds for disqualification when the police are involved (Art. 59 para. 1a of the Criminal Procedure Code),

b. on the jurisdiction of the divisions and, in particular, on the separation of proceedings against juveniles and adults if the public prosecutors and the juvenile prosecutors cannot reach an agreement,

c. in matters of legal assistance, particularly in accordance with Article 52 et seq. of the Criminal Procedure Code; requests for legal assistance to foreign states can be transferred to the investigating public prosecutor.

2. It is authorized to appeal judgments and decisions to the cantonal court and federal legal appellate bodies.

3. It represents the interests of the canton in compensation claims arising from criminal investigations. The Chief Public Prosecutor informs the Department of Justice and Security about the progress and outcome of the proceedings.

1. The public prosecutors conduct criminal proceedings for adults according to the Code of Criminal Procedure and other criminal law enactments, unless the law provides for a different jurisdiction.

2. They can perform official acts throughout the entire canton and are obligated to provide mutual legal assistance.

3. The competent public prosecutors are entitled to appeal judgments and decisions to the Cantonal Court.

1. The senior prosecutors lead the departments. They can, in particular, assume matters themselves, assign them to another prosecutor, and establish a team of prosecutors.

1. The prosecutor assistants support the prosecutors.

2. Prosecutor assistants are entitled to conduct interrogations within the meaning of Article 142 paragraph 1 of the Criminal Procedure Code.

3. The government council designates in the ordinance the further investigative actions that can be assigned to the prosecutor assistants.

1. Youth advocates conduct criminal proceedings involving juveniles according to the Juvenile Criminal Procedure Code. In court, they file charges and represent those charges.

2. The responsible youth advocates are authorized to appeal judgments and decisions to the Cantonal Court.

1. The Executive Council regulates the mediation procedure (Art. 17 JStPO) in an ordinance.

1. The Department of Justice and Security ensures the coordination of law enforcement agencies.

1. The Department of Justice and Security exercises administrative supervision, while the Cantonal Court exercises technical supervision over the Public Prosecutor's Office. The supervisory authorities cooperate with each other.

2. The Chief Public Prosecutor regularly informs the Department of Justice and Security about the management of the Public Prosecutor's Office and the activities of the law enforcement authorities. He or she also submits the annual report to the Cantonal Court.

3. The Department may request further reports and order inspections or expert evaluations. The Government Council is empowered to initiate an administrative investigation pursuant to personnel law and to take the necessary precautionary measures. It may regulate further details concerning the exercise of supervision in an ordinance.

4. Supervisory instructions regarding an ongoing criminal investigation are excluded.

1. The language of the proceedings is German.

1. Recognized Public Holidays within the Meaning of Article 142 Paragraph 3 of the Civil Procedure Code (ZPO) and Article 90 Paragraph 2 of the Criminal Procedure Code (StPO) are New Year's Day, Berchtold's Day, Good Friday, Easter Monday, Ascension Day, Whit Monday, Corpus Christi, National Holiday, Assumption Day, All Saints' Day, Immaculate Conception, Christmas, and St. Stephen's Day.

1. If a court of first instance or a conciliation authority is unable to take a decision due to disqualification or other reasons, the cantonal court may transfer the proceedings to another court of first instance or another conciliation authority.

2. If the cantonal court is unable to make a decision, its president shall randomly appoint, by drawing lots, as many extraordinary judges from the presidents of the divisions of the courts of first instance as are necessary.

3. Urgent measures shall be taken by the ordinary court or the ordinary conciliation authority prior to the decision regarding the transfer of the proceedings or the appointment of extraordinary judges.

1. The Cantonal Court regulates in an ordinance the admission as well as the rights and duties of court reporters. It establishes guidelines for the information of the public by the courts and the conciliation authorities.

2. The Government Council regulates, as far as necessary, the details for the law enforcement authorities.

1. If there is a dispute regarding the existence of a ground for disqualification, it shall be decided by

a. * within conciliation authorities: a divisional president or a divisional president of the district court of the respective judicial district,

b. in the case of single judges or members of divisions: the divisional president or a presiding member,

c. for an entire division: another division of the court.

d. * for an entire first-instance court: another first-instance court designated by the president of the cantonal court.

1. Before the judge of the principal matter, ancillary claims, which are closely related to the principal matter but would not fall within their jurisdiction as independent actions, can also be asserted.

1. The courts and conciliation authorities may instruct the police to assist with

a. service of documents,

b. bringing in parties and third parties,

c. enforcement assistance,

d. inspection of residences,

e. inquiries about whereabouts.

1. Entitlement to Party Representation (Art. 68 Para. 2d CPC)

a. in tenancy disputes

1. property managers for landlords and landladies, provided they are authorized to conclude a settlement,

2. representatives of associations,

b. in labor disputes: representatives of associations.

1. Providing Legal Information

a. District courts in matters of family law,

b. The labor court in matters of labor law.

1. Provisions of the Code of Civil Procedure (ZPO) apply mutatis mutandis to supervisory proceedings, unless there are differing statutory provisions.

1. The public prosecutor may offer rewards in aid of the search pursuant to Article 211 of the Code of Criminal Procedure.

2. The offering of rewards requires the consent of the chief public prosecutor.

1. The public prosecutors and juvenile prosecutors inform the social authorities of the municipalities and the competent child and adult protection authorities in accordance with Article 75 paragraph 2 of the Code of Criminal Procedure (StPO).

2. They may inform other federal, cantonal, and municipal authorities about initiated criminal proceedings and criminal decisions in the case of crimes and misdemeanors, provided that such information is necessary for the authorities to fulfill a legal task, and the interest in the information outweighs the legitimate interests of the affected individuals.

2bis. If individuals are involved who are being assisted based on Sections 60 and 61 of the Social Assistance Law of October 24, 1989, they inform the Health and Social Department as per paragraph 2.

3. Should an authorized authority file a criminal complaint, it must be informed of how the procedure was concluded, if the authority is dependent on this information for the fulfillment of its legal task.

4. The government council regulates the details in an ordinance. Rights and obligations to notify under other laws remain reserved.

1. If a criminal case has been referred to a court of first instance, it shall not be transferred to another judicial instance, subject to Article 334 paragraph 1 of the Code of Criminal Procedure (StPO).

2. If charges are brought against an accused person in the criminal court, the district court may refer a pending case against the same person to the criminal court for joint adjudication.

1. Offenses Committed in Other Cantons

Offenses that were committed in other cantons are to be judged under the same jurisdiction if they are also punishable under Lucerne law. The milder law is to be applied.

1. Official experts within the meaning of Article 183 paragraph 2 of the Code of Criminal Procedure (StPO) are the official medical officers and forensic psychiatrists.

2. Expert doctors pursuant to Article 253 paragraph 1 of the Code of Criminal Procedure (StPO) are the official medical officers.

1. The criminal authority may instruct the bankruptcy office to dispose of seized items and assets that, according to Article 266 paragraph 5 of the Code of Criminal Procedure (StPO), can be immediately realized under the provisions of the Debt Enforcement and Bankruptcy Act (SchKG).

2. In complex cases, the bankruptcy office may also be tasked with the appraisal and disposal of assets, as well as the distribution of the proceeds.

1. The misdemeanor judges of the public prosecutor's office prosecute and assess misdemeanors as designated by the chief public prosecutor according to Article 357 of the Criminal Procedure Code (StPO).

2. They decide on objections to penalty orders.

3. In court proceedings, the responsible chief public prosecutor assigns the case to a public prosecutor.

1. The misdemeanor judges of the public prosecutor's office conduct the administrative fine proceedings upon receipt of the police report.

1. The Cantonal Court Regulates by Ordinance

a. the costs in civil proceedings (Art. 96 CPC),

b. the calculation of procedural costs and fees in criminal matters (Art. 424 CrimPC),

c. the fees for supervisory procedures under cantonal law,

d. * ...

2. Foundations for Determining the Costs and Fees are

a. the value in dispute,

b. * the time expenditure,

c. * the scope and complexity of the case,

d. the importance of the matter in dispute for the parties.

1. Each instance shall disclose the costs incurred by it.

2. Upon receipt of the indictment by the competent court, the court treasury shall reimburse the public prosecutor's office for all procedural costs of the preliminary proceedings. The public prosecutor's office shall transfer all seized assets to the court treasury. A chargeback shall only occur in the event of non-prosecution.

1. The Final Decisive Instance

a. collects the fees and expenses payable to the state,

b. manages the payment of procedural costs covered by legal aid,

c. regulates the determination and enforcement of repayment for legal aid and official defense,

d. performs the write-offs,

e. collects fines, monetary penalties, and compensation claims in criminal proceedings.

2. The courts and conciliation authorities may, with authorization from the Cantonal Court, conduct the necessary proceedings related to the enforcement of a cost claim.

1. The final decisive instance may waive costs.

2. Responsible for this are

a. for the Cantonal Court, the President of the Cantonal Court,

b. for the courts of first instance, the Court President,

c. for the conciliation authorities, their President,

d. for the public prosecutor's office, the division designated by the Chief Public Prosecutor.

1. State Compensation in Cases of Legal Aid and Official Defense encompasses 85 percent of the fee determined in the cost decision, along with the expenses of the legal counsel.

1bis. In civil proceedings concerning property disputes with a high amount in dispute, the state compensation according to paragraph 1, with the exception of the expenses of the legal counsel, may be reduced to half.

2. If the accused in criminal proceedings bears no costs, the state compensation corresponds to 100 percent of the fee.

1. The provisions regarding cost regulation in the Civil Procedure Code (ZPO) also apply to proceedings before the Cantonal Court as a supervisory authority.

2. Anyone who limits themselves to merely filing a report is not liable for costs.

1. The term of office for public prosecutors, juvenile prosecutors, and members of conciliation authorities begins on January 1, 2011.

2. For officeholders under the previous regulations, the eligibility requirements according to Sections 9 and 58 do not apply. This also applies to re-elections.

3. For elected judges, the incompatibilities according to Section 10 apply from the beginning of the 2011-2015 term of the cantonal council.

1. For proceedings pending before the court at the time of the amended provision of § 35 paragraph 2b coming into effect, the previous law shall apply. For all other proceedings, the new order of jurisdiction shall apply from the time the new provision comes into effect.

1. The proceedings pending before the Criminal and Indictment Commission shall be continued by either the competent District Court, the Criminal Court, the Compulsory Measures Court, or the Cantonal Court, depending on the subject matter.

1. The proceedings pending with a justice of the peace according to the old district division are considered submitted to the justice of the peace responsible under the new law.

2. The proceedings pending at a dissolved district court are considered submitted to the court responsible under the new law. If only the division of the court district shifts, the proceedings will continue at the court previously responsible.

3. The labor law proceedings pending at a district court will continue at the court previously responsible.

4. The bankruptcy offices will continue the cases pending with them.

1. The proceedings pending before the juvenile courts at the time of the Swiss Juvenile Criminal Procedure Code's entry into force shall be continued by the new juvenile court.

1. Proceedings pending before the district governor or the district governor or before the cantonal investigative judge or the cantonal investigative judge are to be continued by the public prosecutor of the competent division. Proceedings that are to be conducted under the misdemeanor procedure are to be continued by a misdemeanor judge.

2. The proceedings pending before the previous public prosecutor's office are to be continued by the Chief Public Prosecutor's Office. The Chief Public Prosecutor's Office may also assign the continuation of a pending proceeding to a public prosecutor. The chief public prosecutor or the chief public prosecutor or the deputy chief public prosecutors have all the competencies for indictment and appeal in these cases. Excluded are appeal proceedings in which pending cases are referred to the appellate instance for judgment.

3. Applications for cost remission are to be submitted to the Chief Public Prosecutor's Office if the proceedings have been concluded by a district governor or a cantonal investigative judge.

1. The Executive Council is conclusively authorized to acquire real estate for the conciliation authorities and the first instance courts or to enter into lease agreements for their use.

1. The following enactments are repealed

a. Law on Judicial Organization of January 28, 1913,

b. Law on the Civil Procedure Code of June 27, 1994,

c. Law on the Conciliation Authority for Rent and Lease of June 27, 1994,

d. Law on Costs in Proceedings before Judicial Authorities (Court Costs Act) of March 8, 1966,

e. Law on the Labor Court of March 8, 1977,

f. Law on the Conciliation Body pursuant to the Federal Equality Act of June 29, 1998,

g. Grand Council Decision on the Application of Summary Proceedings for Civil Disputes under Federal Law of June 27, 1994,

h. Grand Council Decision on the Number of Criminal Judges and Alternate Members of the Criminal Court of September 12, 2005,

i. Grand Council Decision on the Organization of the Lucerne-City District Court of November 22, 1999,

j. Grand Council Decision on the Organization of the Lucerne-Country District Court of November 22, 1999,

k. Grand Council Decision on the Organization of the Hochdorf District Court of January 28, 2002,

l. Grand Council Decision on the Organization of the Sursee District Court of November 22, 1999,

m. Grand Council Decision on the Organization of the Willisau District Court of November 22, 1999,

n. Grand Council Decision on the Organization of the Entlebuch District Court of November 22, 1999,

o. Grand Council Decision on the Commencement of Term of Office at the District Courts of December 2, 1996,

p. Grand Council Decision on the Merger of the Justice of the Peace Circles of Escholzmatt and Marbach into a Single Justice of the Peace Circle of November 22, 1999,

q. Grand Council Decision on the Merger of the Justice of the Peace Circles of Pfaffnau and Roggliswil into a Single Justice of the Peace Circle of May 9, 2000,

r. Grand Council Decision on the Merger of the Justice of the Peace Circles of Rickenbach and Pfeffikon into a Single Justice of the Peace Circle of January 19, 2004,

s. Cantonal Council Decision on the Division of the Justice of the Peace Circles of Aesch and Römerswil and the Merger of the Municipalities of Altwis, Ermensee, Gelfingen, Hämikon, Hitzkirch, Mosen, Müswangen, Retschwil, and Sulz into the Justice of the Peace Circle of Hitzkirch of March 4, 2008,

t. Cantonal Council Decision on the Number and Composition of the Professional Groups of the Labor Court for the Appointment of Specialist Judges of March 9, 2009,

u. Grand Council Decision on the Number of District Attorneys and Deputy District Attorneys of May 8, 2001,

v. Grand Council Decision on the Establishment of a Cantonal Investigating Judge's Office of June 23, 1998,

w. Grand Council Decision on the Number of Cantonal Investigating Judges of November 29, 2004.

1. The following enactments are amended in accordance with the appendix[40]

a. Introductory Act to the Federal Act on Foreign Nationals and Integration of September 14, 2009[41],

b. Voting Rights Act of October 25, 1988[42],

c. Organization Act of March 13, 1995[43],

d. Cantonal Council Act of June 28, 1976[44],

e. Administrative Procedure Act of July 3, 1972[45],

f. Act on the Organization of the Administrative Court of July 3, 1972[46],

g. Authorities Act of November 17, 1970[47],

h. Personnel Act of June 26, 2001[48],

i. Municipalities Act of May 4, 2004[49],

j. Introductory Act to the Swiss Civil Code of November 20, 2000[50],

k. Land Register Act of July 14, 1930[51],

l. Certification Act of September 18, 1973[52],

m. Lawyers Act of March 4, 2002[53],

n. Introductory Act to the Federal Act on Debt Enforcement and Bankruptcy of October 22, 1996[54],

o. Criminal Procedure Code of June 3, 1957[55],

p. Act on the Lucerne Police of January 27, 1998[56],

q. Financial Budget Act of September 13, 1977[57],

r. Financial Control Act of March 8, 2004[58],

s. Tax Act of November 22, 1999[59],

t. Fisheries Act of June 30, 1997[60],

u. Cantonal Hunting Act of December 5, 1989[61],

v. Act concerning the Introduction of the Federal Factory Act of June 18, 1914 (Procedure for Civil Disputes from the Employment Relationship and Cantonal Conciliation Office) of November 29, 1926[62],

w. Introductory Act to the Federal Act on Health Insurance of March 23, 1998[63],

x. Social Assistance Act of October 24, 1989[64],

y. Cantonal Forest Act of February 1, 1999[65],

z. Trade Police Act of January 23, 1995[66].

1. The law shall come into effect on January 1, 2011. It is subject to an optional referendum.