Act on the Courts and Judicial Authorities (Court Act, GerG) (Gerichtsgesetz, GerG) - Subject Matter (GerG)

1. This Law

1. regulates the organization as well as, subject to other statutory provisions, the competencies and procedures of the courts, the conciliation authority, and the public prosecutor's office;

2. contains the procedural rules necessary for the implementation of the Swiss Civil Procedure Code (CPC), the Swiss Criminal Procedure Code (CrPC), and the Swiss Juvenile Criminal Procedure Code (JuvCrPC).

2. Furthermore, the following enactments are particularly applicable

1. the Authorities Act for the election requirements, rights, and duties of the members of authorities, as well as their disciplinary liability;

2. the Compensation Act for the remunerations of the members of authorities;

3. the Procedural Costs Act for the procedural costs.

1. The CCP, the CCP, the JCCP, and this law also apply to the civil or criminal law of the canton, as well as to the misdemeanor criminal law of the municipalities, subject to any special provisions.

1. The following courts exist

1. the Cantonal Court;

2. the Higher Court;

3. the Administrative Court.

2. The courts consist of several divisions and can operate as both collegial and single-judge courts.

1. The full court determines the divisions and designates their members. In doing so, the professional expertise of the judges must be appropriately taken into account.

2. The composition of the divisions must be made publicly known.

3. The judges serve as substitute judges in the other divisions of the same court.

1. Members of the Cantonal, Higher, and Administrative Court shall report in writing upon assuming office to the court to which they belong

1. their primary professional occupation and secondary professional engagements;

2. activities in executive and supervisory bodies of cantonal, Swiss, and foreign entities, institutions, and foundations of private and public law, excluding volunteer activities for associations;

3. permanent leadership and advisory roles for interest groups;

4. participation in committees and other bodies of the federal government, canton, and municipalities;

5. membership in a political party.

2. The professional confidentiality is reserved.

3. Changes are to be specified at the beginning of each calendar year.

4. Each court shall create and maintain a register of the information pursuant to paragraph 1 and make it publicly accessible in electronic form. It shall monitor compliance with disclosure obligations.

**1. Court Clerks**

The court clerks shall assist, upon request of the presidency or the process leadership, in the preparation of cases and the decision-making process.

**2. Responsibilities**

They shall prepare reports under the responsibility of a judge and edit the court's decisions.

**3. Additional Assignments**

They may be tasked with handling requests for legal assistance and conducting hearings, interrogations, and settlement negotiations, provided that the legislation does not assign these tasks to the court or a court member.

**4. Other Duties**

They shall perform additional duties assigned to them by legislation or regulations.

1. The Cantonal Court is the court of first instance in civil and criminal matters.

1. The Cantonal Court consists of five to nine presidents (presidencies) and six additional members.

2. The District Council establishes the total employment level of the presidencies in a resolution.

1. The Cantonal Court decides with a panel of three judges as a collegial court. Exceptions are the matters assigned to the single judge.

1. The District Governor designates the managing presidency and its deputy from the presidencies for the respective term of office.

2. The managing presidency

1. is responsible for the general administration of business;

2. presides over the full court and the presidential conference;

3. represents the Cantonal Court externally;

4. * ...

3. The Cantonal Court may delegate specific tasks of general business administration to the deputy of the managing presidency in the regulations on organization and administration. This must be taken into consideration when distributing the tasks.

1. The Conference of Presidents is responsible for

1. the approval of the budget and the accounts submitted to the Supreme Court for the attention of the Landrat;

2. the employment of court clerks as well as additional legal and administrative staff;

3. the issuance of directives and uniform rules for the structuring of proceedings and judgments.

1. The Full Court consists of the regular members of the Cantonal Court. It is specifically responsible for

1. the appointment of the divisions;

2. the issuance of regulations concerning the organization and administration of the Cantonal Court, the allocation of responsibilities, and the information;

3. the coordination of jurisprudence between the divisions;

4. the adoption of the annual report.

1. The Cantonal Court decides as a single judge in the first instance on

1. * Disputes under simplified procedures that are not assigned to another instance (particularly Art. 243 and 295 of the Swiss Civil Procedure Code);

2. Matters and disputes under summary procedures that are not assigned to another instance (particularly Art. 248-269, 271, 302 and 305 of the Swiss Civil Procedure Code);

3. Divorce and dissolution of registered partnerships upon joint request with comprehensive agreement (Art. 285 et seq. of the Swiss Civil Procedure Code);

4. Enforcement (Art. 335 et seq. of the Swiss Civil Procedure Code).

2. The Cantonal Court is responsible as a single judge for conducting the conciliation attempt pursuant to Art. 197 et seq. of the Swiss Civil Procedure Code in family law disputes concerning child matters.

1. The Cantonal Court decides as a collegiate court in the first instance over disputes for which the ordinary procedure applies, unless another court has jurisdiction.

2. It also decides in the first instance, in particular, over

1. Claims by organizations according to Article 7 of the Federal Act on Gender Equality (Gender Equality Act, GlA);

2. Disputes under the Participation Act.

1. The Cantonal Court as a Single Judge shall decide as the Coercive Measures Court on the coercive measures provided in the Criminal Procedure Code and the Juvenile Criminal Procedure Code, in particular

1. the ordering of pre-trial and preventive detention and, insofar as provided in the Criminal Procedure Code (StPO), for the ordering or approval of further coercive measures;

2. the ordering or approval of other coercive measures according to Article 26, paragraph 2 of the Juvenile Criminal Procedure Code (JStPO);

3. the segregation of information obtained from the secret surveillance of individuals who are subject to professional confidentiality (Article 271 StPO).

1. The Cantonal Court as a Single Judge adjudicates at first instance

1. Minor offenses;

2. Crimes and misdemeanors, except when the Public Prosecutor's Office requests

a) a custodial sentence of more than one year;

b) a measure of custody in accordance with Article 64 of the Swiss Criminal Code (SCC);

c) an inpatient treatment measure pursuant to Article 59 paragraph 3 SCC;

d) a measure for young adults pursuant to Article 61 SCC;

e) a deprivation of liberty of more than one year when conditional sanctions are to be revoked simultaneously;

3. Objections against penal and confiscation orders.

2. Article 17 paragraph 2 remains reserved in cases of offenses against sexual integrity.

1. The Chairperson of the Juvenile Court acts as a single judge to adjudicate objections against penalty orders regarding offenses committed by juveniles.

1. The Cantonal Court as a Collegial Court

1. adjudicates in the first instance all criminal cases that do not fall under the jurisdiction of another judicial authority;

2. acts as a juvenile court within the meaning of the Juvenile Criminal Procedure Code (JStPO).

2. If the adjudication of criminal acts against sexual integrity is conducted by the collegial court, it must be composed of members of both genders.

1. The single judge handles requests for legal assistance in civil matters.

2. Legal assistance in criminal matters is governed by Art. 83.

1. The single judge is responsible for

1. legal assistance pursuant to Art. 183 para. 2, Art. 184 para. 2, and Art. 185 of the Swiss Federal Act on Private International Law (PILA);

2. assisting the arbitral tribunal with procedural acts (Art. 356 para. 2 of the Swiss Code of Civil Procedure (CPC)).

1. The Superior Court is the Constitutional Court and the highest cantonal court in civil and criminal matters.

1. The Superior Court consists of a President, a Vice President, and eight other members.

1. The Higher Court decides

1. as a single judge, insofar as the law assigns matters to it;

2. with a panel of three judges, unless a different composition is prescribed by law;

3. with a panel of five judges as the sole instance in civil matters and as an appellate instance against decisions of the Cantonal Court as a collegiate court;

4. with a panel of seven judges as a constitutional court.

1. The President

1. manages the general administration;

2. presides over the plenary court and the administrative commission;

3. represents the Supreme Court externally.

1. The Administrative Commission consists of the President, the Vice President, and another member of the Superior Court.

2. It is responsible for

1. submitting the budget and the accounts of all courts, the public prosecutor's office, and the conciliation authority to the executive council for the attention of the cantonal council;

2. the appointment of court clerks as well as other legal and administrative personnel;

3. the election of extraordinary public prosecutors and extraordinary youth prosecutors pursuant to Article 45 paragraph 2 and Article 66 paragraph 1;

4. issuing instructions and uniform rules for the design of proceedings and judgments;

5. supervising the cantonal court, the public prosecutor's office, the conciliation authority, and the court treasury.

1. The Full Court consists of the regular members of the Higher Court. It is particularly responsible for

1. * ...

2. the appointment of the divisions and the administrative commission;

3. the issuance of regulations concerning the organization and administration of the Higher Court, the allocation of business, and information;

4. the coordination of jurisprudence among the divisions;

5. the adoption of the annual report.

1. The Superior Court decides in civil matters as the sole instance

1. Disputes according to Articles 5 and 8 of the Civil Procedure Code;

2. Disputes in which a federal law prescribes a single cantonal instance and cantonal law does not determine any other jurisdiction.

1. The Higher Court is the appellate court and complaint instance in civil matters according to the Civil Procedure Code (CPC).

1. The Higher Court is the competent state court in the area of arbitration pursuant to Art. 356 para. 1 of the Code of Civil Procedure (ZPO).

1. The Superior Court is the appellate court and the complaints authority in criminal matters according to the Code of Criminal Procedure (StPO) and the Juvenile Criminal Procedure Ordinance (JStPO).

**1. The Superior Court Decides as the Sole Instance on Constitutional Matters in Accordance with Article 69 of the Cantonal Constitution.**

1. The Administrative Court is the court for administrative and social security law disputes.

1. The Administrative Court consists of a President, a Vice President, and eight additional members.

2. The President of the Supreme Court shall by virtue of office be the President of the Administrative Court; the Vice President of the Supreme Court shall by virtue of office be the Vice President of the Administrative Court.

3. The District Council determines the total employment level of the Presidencies and Vice Presidencies of the Supreme and Administrative Courts by resolution.

1. The Administrative Court adjudicates

1. as a single judge insofar as the law assigns cases to it;

2. * as a panel of three in tax and social security disputes, as well as in appeals concerning protective custody (Art. 439 para. 1 Swiss Civil Code);

3. * as a panel of five in disputes concerning administrative law and other child and adult protection matters.

1. The President

1. manages the general administration;

2. presides over the plenary court and the administrative commission;

3. represents the administrative court externally.

1. The Administrative Commission consists of the President, the Vice President, and one other member of the Administrative Court.

2. It is responsible for

1. the adoption of the budget and the accounts of the Administrative Court to the Higher Court for the attention of the Cantonal Council;

2. the employment of court clerks and other legal and administrative staff;

3. the issuance of directives and uniform rules for the structuring of procedures and judgments.

1. The Full Court consists of all ordinary members of the Administrative Court. It is specifically responsible for

1. * ...

2. the appointment of the divisions and the administrative commission;

3. the issuance of regulations concerning the organization and administration of the Administrative Court, the distribution of business, and information;

4. the coordination of jurisprudence between the divisions;

5. the adoption of the annual report.

1. The Administrative Court decides as a single court on coercive measures in immigration law.

1. The Administrative Court decides as a collegiate court in the first instance or as a higher instance on administrative law disputes, unless another court is competent.

2. It decides on property law disputes of a public law nature between the canton, municipalities, corporations, and other legal entities of cantonal public law, as well as between these public entities on the one hand and their officials on the other hand.

1. The Division for Social Insurance Disputes of the Administrative Court is the Insurance Court according to Article 57 of the Federal Act on the General Part of Social Insurance Law (ATSG).

2. Furthermore, it decides on

1. Disputes in social insurance matters according to cantonal law;

2. Disputes in the area of occupational pensions;

3. Disputes arising from supplementary insurance to social health insurance under the Federal Health Insurance Act (KVG) according to Article 7 of the Civil Procedure Code (ZPO) as the sole instance.

1. There shall be a conciliation authority for the canton.

2. The government council shall appoint the conciliation authority, which shall be composed of

1. a president and two vice-presidents;

2. two representatives each from the landlord and tenant sides;

3. one representative each from the employer and employee sides, with an equal number of members representing the private and public sectors.

1. For the disclosure of conflicts of interest of the President of the Arbitration Authority, the Vice President, the representatives of the landlord and tenant sides, as well as the employer and employee sides, Article 4a shall apply mutatis mutandis.

2. The Arbitration Authority shall establish and maintain a register of the information pursuant to Article 4a, paragraph 1, and make it publicly accessible in electronic form. It shall monitor compliance with the disclosure obligations.

1. The conciliation authority conducts conciliation attempts in accordance with Art. 197 ff. of the Civil Procedure Code (CPC); excepted from this are conciliation attempts in family law disputes concerning child-related matters as per Art. 12 para. 2.

2. It serves as a legal advisory office in accordance with Art. 201 para. 2 CPC. The advice is provided free of charge.

3. It performs the further tasks assigned to it by legislation.

1. The conciliation authority convenes in a single-member composition.

2. In disputes arising from the lease and rental of residential and commercial premises, it is supplemented by one representative each from the landlord and tenant sides.

3. In disputes under the Federal Act on Gender Equality (Gender Equality Act, GlG), it is supplemented by one representative each from the employer and employee sides. Both genders must be represented. The composition must take into account the legal nature of the employment relationship.

1. The law enforcement authorities of the canton are

1. the cantonal police;

2. the persons or authorities responsible for the prosecution of criminal matters in accordance with special legislation;

3. the public prosecutor's office.

1. There is one Public Prosecutor's Office for the entire canton area, which includes the Juvenile Prosecutor's Office. The Public Prosecutor's Office may be divided into departments.

2. The Public Prosecutor's Office consists of

1. the Chief Public Prosecutor;

2. the Public Prosecutors;

3. the Juvenile Prosecutors;

4. the assistants to the Public Prosecutor's Office.

3. The Chief Public Prosecutor designates a deputy for themselves.

4. The Public Prosecutors and Juvenile Prosecutors represent each other mutually.

1. The District Council elects the members of the Public Prosecutor's Office, subject to paragraphs 2 and 3.

2. The Administrative Commission of the Higher Court may appoint extraordinary public prosecutors or extraordinary juvenile prosecutors for specific proceedings, particularly in cases of recusal or the inability of regular members of the Public Prosecutor's Office to serve.

3. The Chief Public Prosecutor appoints the assistants of the Public Prosecutor's Office and the administrative staff and designates the heads of any possible departments.

1. The Chief Public Prosecutor manages the Public Prosecutor's Office and acts as the Chief Juvenile Attorney in accordance with Art. 22 of the Juvenile Criminal Procedure Code (JStPO).

2. The Chief is particularly responsible for

1. the proper and effective enforcement of the state's criminal justice claims within the canton;

2. the establishment and operation of an appropriate organizational structure;

3. the effective utilization of personnel as well as financial and material resources;

4. the representation of the Public Prosecutor's Office to the outside;

5. reporting to the supervisory authority.

3. The Chief Public Prosecutor, along with the public prosecutors and juvenile attorneys, collectively issues regulations in the area of management, including provisions regarding

1. the detailed organization;

2. the allocation of cases;

3. the tasks, powers, and responsibilities of various individuals and bodies;

4. the on-call duty.

1. The members of the public prosecutor's office are subject to the cantonal personnel legislation.

2. Regular members of the public prosecutor's office, according to Art. 44 para. 2, are prohibited from professionally representing parties before the cantonal law enforcement authorities and criminal courts.

1. Article 4a shall apply mutatis mutandis to the disclosure of conflicts of interest by the Chief Public Prosecutor and the public prosecutors, as well as the juvenile prosecutors.

2. The Office of the Chief Public Prosecutor shall create and maintain a register of the information in accordance with Article 4a paragraph 1 and make it publicly accessible in electronic form. It shall monitor compliance with the disclosure obligations.

1. The Chief Public Prosecutor and the public prosecutors, subject to the jurisdiction of other authorities, conduct investigations in all criminal matters, file charges, and represent them in court.

2. They are entitled to appeal judgments and decisions to the Higher Court.

1. The Youth Advocates are the investigative authority in accordance with the JStPO and conduct investigations in all criminal matters involving juveniles, file charges, and represent these cases in court.

2. They are entitled to appeal judgments and decisions to the Higher Court.

3. They are responsible for the enforcement of sentences and measures for juveniles.

1. Assistant prosecutors are authorized, under the supervision or on behalf of the prosecutors or juvenile prosecutors, to conduct investigative actions, particularly interrogations, in accordance with the provisions of this law.

1. The Chief Public Prosecutor

1. supervises criminal investigations against adults and juveniles and ensures their professional and expeditious conduct as well as the uniform application of the law;

2. can request reports on the status of investigations;

3. is authorized to issue instructions to members of the public prosecution service in the conduct of individual criminal investigations and generally;

4. can assume control of proceedings at any time or assign them to another member of the public prosecution service.

1. Non-Prosecution, Suspension, and Dismissal Orders in Cases of Felonies or Misdemeanors Require Approval by the Senior Public Prosecutor.

2. The Refusal of Approval Must Be Briefly Justified. It Prevents the Issuance of the Order and Results in a Remand to the Investigating Member of the Public Prosecutor's Office.

1. The Chief Public Prosecutor represents the canton

1. in appeal proceedings before federal authorities;

2. in relation to federal authorities regarding the determination of subject-matter jurisdiction as well as in venue conflicts before the Federal Criminal Court.

2. The tasks according to Para. 1 No. 2 may be delegated on a case-by-case basis to a public prosecutor or a juvenile prosecutor.

1. If the Higher Court is required to obtain the opinion of the lower instance in an appeal procedure, the conduct of the procedure is directed to

1. In the case of appeals against members of police authorities: to their command;

2. In the case of appeals against other persons or authorities responsible for the prosecution of criminal matters under special legislation: to their supervisory body;

3. In the case of appeals against members of the public prosecutor's office: to the Chief Public Prosecutor;

4. In the case of appeals against coercive measures and courts of first instance: to their procedural management.

2. The Commander of the Cantonal Police or the Chief Public Prosecutor may provide their opinion personally or through other members of their authority.

1. The Supreme Court, the Cantonal Court, and the Administrative Court each operate as a full court independently with regard to all matters of organization and administration within the framework of the legislation.

1. The court treasury manages the accounting for the courts, the conciliation authority, and the public prosecutor's office.

2. It is particularly responsible for

1. the collection of official charges and advance payments of costs;

2. the collection of procedural costs, fines, penalties, and other financial payments related to criminal proceedings pursuant to Art. 442 of the Code of Criminal Procedure;

3. the disbursement and collection of benefits within the framework of legal aid, as well as the demand for additional payments;

4. the safekeeping of security deposits and escrow deposits.

3. It may defer official costs upon request in individual cases if

1. the liable person is in an emergency situation, or timely payment would constitute a particular hardship for them;

2. other important reasons are present.

1. The Higher Court and the Administrative Court are subject to the supervision of the Cantonal Council with respect to their official conduct.

2. The Cantonal Court, the Conciliation Authority, and the Court Treasury are subject to the supervision of the Higher Court regarding their official conduct.

3. ...

1. All courts and the conciliation authority must report on their activities to the High Court annually by March 1st.

2. The High Court, as a full court, submits the accountability reports to the state council annually by April 15th.

1. If members of the courts, the conciliation authority, or the court treasury violate official duties, a supervisory complaint can be filed with the supervisory authority.

2. The supervisory authority orders the necessary measures.

3. The supervisory complaint is inadmissible if, under federal or cantonal law, a legal remedy or another form of legal recourse is available.

1. The supervisory complaint must be submitted within twenty days of becoming aware of the breach of official duty.

2. It must be submitted in writing and include an application as well as a justification. If the supervisory complaint does not immediately appear to be unfounded, the supervisory authority shall forward it to the affected parties for their comments and to other involved parties for a written response.

3. The supervisory authority investigates the facts of the case ex officio. The provisions of the Code of Civil Procedure, in particular those concerning the taking of evidence, are applicable mutatis mutandis.

1. The public prosecutor's office is under the supervision of the superior court.

2. It is not subject to any orders or instructions in its decisions in individual cases regarding the initiation, conduct, and conclusion of criminal proceedings, representation of the prosecution in court, as well as the taking and withdrawal of legal remedies.

1. The Chief Public Prosecutor shall report annually on the activities of the Public Prosecutor's Office to the Higher Court by March 1st.

2. The Higher Court shall submit this report together with the accountability reports of the courts to the Legislative Assembly.

1. The Superior Court may request information and additional reports from the public prosecutor's office regarding its activities and case management, as well as conduct inspections.

2. Persons entrusted by the Superior Court with obtaining information or conducting an inspection are granted access to the procedural files to the extent necessary for their task. They are prohibited from disclosing the knowledge obtained thereby to other individuals, particularly within the Superior Court; they may only use such information in a general and anonymized form as a basis for their reports and recommendations.

1. The Superior Court handles supervisory complaints regarding the conduct of the Public Prosecutor's Office. The procedure is governed by Art. 60.

1. For the prosecution of members of the public prosecution service for offenses related to their official duties, the Administrative Commission of the Supreme Court appoints an extraordinary prosecutor for the investigation.

2. Until such appointment is made, the public prosecution service may take the necessary protective measures.

1. The language of the proceedings is German.

1. The Government Council may issue regulations concerning the electronic form of submissions and notifications.

1. Cantonal public holidays within the meaning of Art. 142 of the Swiss Civil Procedure Code (CPC) and Art. 90 of the Swiss Criminal Procedure Code (CrimPC) are: New Year's Day (January 1), Berchtold's Day (January 2), St. Joseph's Day (March 19), Good Friday, Easter Monday, Ascension Day, Whit Monday, Corpus Christi, Swiss National Day (August 1), Assumption of Mary (August 15), All Saints' Day (November 1), Immaculate Conception (December 8), Christmas Day (December 25), and St. Stephen's Day (December 26).

1. Professional representation of parties or their defense before the courts and prosecuting authorities is governed

1. * In civil proceedings by Article 68 of the Swiss Code of Civil Procedure (Civil Procedure Code, CPC)[39];

2. * In criminal and misdemeanor proceedings by Articles 127 and following of the Swiss Code of Criminal Procedure (Criminal Procedure Code, CPC)[40].

2. Eligibility for professional party representation in administrative court proceedings is granted to those who are registered in the cantonal lawyer's register or enjoy freedom of movement under the Federal Act on the Free Movement of Lawyers (BGFA)[41].

3. Lawyers registered in the cantonal lawyer's register are obligated to undertake officially appointed representations as well as the representation of parties who have been granted legal aid.

1. The President of the Court is responsible for the conduct of the proceedings.

2. Matters concerning legal aid, procedural write-offs, taking of evidence, security payments, agreements requiring approval, and the submission of statements can be decided by the President.

3. The chairpersons of the divisions exercise the powers of the President within their respective areas of competence.

1. If a court or conciliation authority cannot be properly constituted in a specific case due to recusal or incapacity, the Presidium of the Higher Court shall appoint an extraordinary substitute.

2. If the Presidium of the Higher Court itself is also recused or incapacitated, the Presidium of the Cantonal Court in charge of administration shall appoint the extraordinary substitute.

3. The extraordinary substitution in the Public Prosecutor's Office is governed by Art. 45 and Art. 66.

1. Each member of the court must express their opinion during the deliberation and may submit motions.

2. The court clerks have an advisory vote, provided they are included by the presidency or the procedural leadership.

1. Each member of the court is obliged to exercise their right to vote.

2. The majority of votes decides. In the event of a tie, the opinion of the chairperson prevails.

1. The public nature of the proceedings is governed

1. in civil proceedings by Art. 54 of the Code of Civil Procedure (ZPO), with the deliberation on judgments not being public;

2. in criminal proceedings by Art. 69-72 of the Criminal Procedure Code (StPO);

3. in juvenile criminal proceedings by Art. 14 of the Juvenile Criminal Procedure Code (JStPO).

2. In other proceedings, hearings before the judicial authorities and any oral pronouncement of the judgment, except for the deliberation on judgments, are public. The public may be wholly or partially excluded if required by the public interest or the legitimate interest of a party involved.

3. Image and sound recordings within court buildings and recordings of procedural actions outside court buildings are not permitted.

1. For court reporting, the High Court and the Administrative Court may provide accreditation for themselves and for the authorities under their supervision.

1. The allocation of costs for the proceedings is governed by the Code of Civil Procedure, the Code of Criminal Procedure, and the Administrative Procedure Act.

2. The tariffs for court costs are governed by the Court Costs Act.

1. Decisions regarding contested requests for recusal pursuant to Art. 50 of the Civil Procedure Code are made by

1. the division of the court to which the concerned court clerk belongs;

2. the cantonal court as a single judge when members of the conciliation authority are concerned;

3. the higher court in a panel of three judges when members of the cantonal court or the higher court are concerned;

4. the administrative court in a panel of three judges when the higher court can no longer be properly constituted for the decision pursuant to item 3.

2. Decisions on appeals are made by

1. the administrative court in a panel of three judges for decisions pursuant to para. 1 items 1-3;

2. the cantonal court in a panel of three judges for decisions pursuant to para. 1 item 4.

1. The protocol is maintained by the court clerk.

2. The maintenance of the protocol can be delegated by the presiding judge to another staff member of the court.

1. The municipal bailiff at the location of the subject matter, upon request of the entitled party, documents an assessment of the actual condition, insofar as it can be ascertained without special expertise.

2. If possible, the parties involved with the matter will be included in the assessment and their right to be heard, in accordance with Art. 53 of the Civil Procedure Code (ZPO), will be upheld.

3. A record shall be prepared in accordance with Art. 182 of the Civil Procedure Code (ZPO).

**1. Declarations in Civil Matters, Particularly Terminations, Shall be Officially Delivered by the Municipal Officer Upon Request**

2. The responsible party is the municipal officer at the place of residence or location of the person to whom the declaration is to be delivered.

3. The acceptance of an officially delivered declaration may not be refused.

1. The prosecuting authorities may grant legal assistance to other cantons in criminal matters of cantonal law.

2. National legal assistance is provided by the prosecuting authority responsible at the location where the procedural action is to be carried out

1. in preliminary proceedings against adults by the Public Prosecutor;

2. in investigations against accused juveniles by the Juvenile Prosecutor;

3. in court proceedings by the Cantonal Court as a single judge.

3. Notifications according to Art. 52 para. 2 of the Code of Criminal Procedure and requests according to Art. 53 of the Code of Criminal Procedure are to be directed to the Public Prosecutor.

1. For simplified information exchange with Schengen States, the provisions of the Federal Act on the Information Exchange between Federal Law Enforcement Agencies and those of other Schengen States (Schengen Information Exchange Act, SIaG) apply mutatis mutandis to all cantonal law enforcement agencies.

2. The police perform the duties of the cantonal contact point. They act on behalf of other law enforcement agencies in urgent cases or obtain, on behalf of the requested authority, the necessary approval from another cantonal judicial authority.

1. On Recusal Requests Against Police Personnel Pursuant to Art. 59 of the Criminal Procedure Code, the Chief Public Prosecutor Shall Decide.

1. Obligation to Report by Criminal Authorities Pursuant to Article 302 of the Code of Criminal Procedure (StPO).

2. Members and employees of the cantonal and municipal authorities have an obligation to report to the public prosecutor's office when credible grounds for suspicion of an offense subject to mandatory prosecution come to their attention during the course of their official duties; in cases of misdemeanors and infractions, they are entitled to report.

3. Exempt from the obligation to report, but entitled to do so, are

1. Individuals who have the right to refuse to testify due to personal relationships (Article 168 StPO), for self-protection, or for protection of close persons (Article 169 StPO);

2. Individuals involved in counseling victims or handling their requests for compensation and restitution who become aware of suspicion grounds;

3. Holders of mandates for child and adult protection for the accused, members of child and adult protection authorities, and employees of social services, except in cases of clear suspicion of offenses relevant to child protection.

4. The obligations and rights to report, as well as exemptions from the obligation to report for authorities, employees, and private individuals pursuant to other federal and cantonal regulations, remain reserved.

1. Criminal authorities may inform other authorities about pending or concluded criminal proceedings, insofar as these authorities are dependent on the information to fulfill a statutory task, the public interest in the information outweighs the personal rights of the parties, and there is no overriding private interest opposing such communication.

2. The criminal authorities must notify procedural conclusions to the authorities and official offices entitled to lodge a complaint pursuant to Art. 88 para. 1.

3. Further rights and obligations to communicate remain reserved in accordance with other federal and cantonal enactments.

1. The minute-taking is conducted by the criminal authorities with the assistance of a minute-taker.

2. At the prosecuting authorities pursuant to Art. 43, the interrogating person may keep the record themselves.

1. Authorities and administrative offices that have filed a criminal complaint to protect the interests entrusted to their care may lodge an appeal against non-prosecution and dismissal orders.

2. The following entities may participate in the proceedings with the same rights as the private claimant

1. Authorities entitled to file a criminal complaint under the Social Assistance Act for neglect of maintenance obligations within the meaning of Art. 217 of the Swiss Criminal Code (StGB);

2. The canton, insofar as it asserts a claim that has been transferred to it under the Victim Assistance Act;

3. The compensation fund and the IV office of Nidwalden required to report violations of the penal provisions under the Federal Act on Old-Age and Survivors' Insurance (AHVG) and the Federal Act on Disability Insurance (IVG).

3. The rights of other authorities under other statutes remain reserved.

1. The court management may offer a reward for information leading to the identification or arrest of the perpetrator.

2. If the reward is to exceed CHF 10,000, its issuance requires the approval of the Presidency of the Higher Court.

3. No appeal can be made against the decision to grant a reward to the informant.

1. Examinations by the courts are conducted by the presiding judge or may be delegated to the court clerk by the presiding judge.

2. The person conducting the investigation can delegate the examination of the accused, the witness, and the informant to the assistants of the public prosecutor's office.

1. The prosecutors and the juvenile attorney can delegate the following investigative actions to an assistant of the public prosecutor's office

1. the request for documents, reports, and information;

2. the recording of identification data;

3. the order for a handwriting and language sample;

4. the drafting of a summons.

2. The delegated investigative actions must be restricted to the criminal offense that initiated the proceedings; the assistant must continuously inform the assigning authority about the status of the investigations.

1. Subject to contrary provisions of federal law, the following may be done

1. The cantonal police may take appropriate protective measures for individuals who are at risk outside of a procedure;

2. The Department of Justice and Security may equip at-risk individuals with a cover story within the meaning of Article 288 paragraph 1 of the Swiss Criminal Procedure Code (StPO) and the necessary documents for this purpose.

1. For the conduct of legal inspections according to Art. 253 of the Criminal Procedure Code in the event of extraordinary deaths, the cantonal medical officer or exceptionally a person authorized to practice medicine in the canton must be involved.

1. The Authority of the Police to Order and Conduct Coercive Measures

The authority to order and conduct coercive measures is vested in all members of the Cantonal Police.

2. The authority is reserved for police officers in the following matters

1. the order of a provisional arrest of persons for more than three hours in the event of committing a misdemeanor (Art. 219 para. 5 CCP);

2. the order of surveillance during the investigation process in public places (Art. 282 et seq. CCP);

3. the issuance of summons and arrest warrants;

4. the management of an undercover agent (Art. 291 CCP).

1. **Offenses Committed by Juveniles Under 15 in Traffic Regulations**

Juveniles under 15 years old committing violations of traffic regulations, which could be sanctioned through an administrative fine procedure if committed by juveniles over 15, may lead the police to

1. refrain from reporting to the juvenile prosecutor's office and instead inform the juvenile of the traffic violation; or

2. refrain from reporting to the juvenile prosecutor's office on the condition that the juvenile voluntarily attends traffic education on a specified day.

2. If the juvenile does not attend the traffic education as invited, the police will inform the juvenile prosecutor's office of the violation.

1. The execution of sentences and measures is governed, subject to differing provisions in this Act, by the Law on the Execution of Sentences and Measures (Execution of Sentences Act, StVG).

1. Legally Binding Penal Orders and Judgments are to be reported, subject to the Federal Ordinance on the Notification of Cantonal Penal Decisions (Notification Ordinance), within 10 days after becoming legally binding

1. to the Court Treasury, if they

a) pertain to an unconditional or partially conditional monetary penalty or a fine;

b) impose costs on a person involved in the proceedings;

2. to the Penal Enforcement Authority together with the criminal register excerpt upon enforcement of

a) an unconditional or partially conditional custodial sentence;

b) unconditional or partially conditional community service;

c) a measure;

d) probation assistance;

e) a directive;

3. to the Competent Administrative Authority in the enforcement of ancillary penalties;

4. to the Cantonal Coordination Office according to the legislation on the automated criminal register.

2. The Penal Enforcement Authority is to be provided with the criminal register excerpt and, upon request, the criminal records.

1. The court that rendered the first-instance judgment also makes independent subsequent decisions assigned to a judicial authority, with the exception of the following decisions, for which the president is responsible based on Art. 363 para. 1 of the Swiss Criminal Procedure Code (StPO)

1. the extension of the payment deadline, the reduction of the daily fine or the fine, or the ordering of community service (Art. 36 para. 3 and Art. 106 para. 5 of the Swiss Criminal Code (StGB));

2. the conversion of community service into a monetary or custodial sentence (Art. 39 StGB);

3. the extension of the probation period in cases of conditional release (Art. 62 para. 4 StGB);

4. the extension of outpatient measures (Art. 63 para. 4 StGB);

5. the crediting of any deprivation of liberty associated with outpatient treatment towards the execution of the custodial sentence (Art. 63b para. 4 StGB);

6. the extension of the probation period, the revocation or ordering of probation assistance, or the amendment, revocation, or issuance of instructions in conditionally suspended sentences (Art. 95 para. 4 StGB);

7. the ordering of the enforcement of a fine (Art. 107 StGB).

2. The Cantonal Court decides as a single judge on applications from administrative authorities for ordering substitute custodial sentences for fines and monetary penalties (Art. 36 para. 2 and Art. 106 para. 5 StGB).

3. If the public prosecutor made a decision in the penalty order procedure, it also makes the subsequent decisions.

4. The penal enforcement authority is responsible for independent subsequent decisions that are provided for in the Criminal Code and not reserved for the court; its orders can be appealed by the public prosecutor through a complaint, if they concern enforcement openings pursuant to Art. 75a para. 2 StGB against detained persons, those undergoing inpatient therapeutic treatment, or those sentenced to life imprisonment.

5. The juvenile prosecution authority is responsible for subsequent decisions regarding the enforcement of sentences and measures against juveniles, which are provided for in federal legislation and not reserved for the court.

6. If a court is responsible for an independent subsequent decision, the public prosecutor has the status of a party.

1. The authority responsible for initiating the procedure for issuing an independent subsequent court decision may, in urgent cases, order the detention of the convicted person if there is a serious expectation that the enforcement of a custodial sanction will be ordered against them and they

1. might evade the enforcement; or

2. might commit another serious offense.

2. It conducts a detention procedure by analogous application of Article 224 of the Swiss Criminal Procedure Code (StPO) and requests the compulsory measures court to order preventive detention. The procedure is governed mutatis mutandis by Articles 225 and 226 StPO.

1. The proceedings management of the court responsible for the subsequent decision may have the convicted person arrested under the conditions of Art. 104a para. 1.

2. It conducts a detention procedure in analogous application of Art. 224 of the Swiss Criminal Procedure Code (StPO) and requests the compulsory measures court to order security detention. The procedure is governed mutatis mutandis by Art. 225 and Art. 226 StPO.

3. In the case of pre-existing security detention, the procedure is governed mutatis mutandis by Art. 227 StPO.

4. Additionally, the provisions of Art. 230-233 StPO apply mutatis mutandis.

1. The Chief Public Prosecutor is the competent authority for statements and additional information to the federal authorities, the assertion of claims for reimbursement, and the filing of legal remedies in accordance with the provisions of the Federal Act on the Division of Confiscated Assets (TEVG).

2. Final confiscation decisions pursuant to Art. 6 para. 1 TEVG are to be reported directly by the issuing authority to the competent federal authorities and forwarded to the Chief Public Prosecutor for acknowledgment.

1. Official Publications of Orders and Decisions are the Responsibility of the Criminal Authority that Issued Them.

1. Jurisdiction and Procedure for Pardon Requests are Determined by the District Council Legislation.

2. Pardon requests do not suspend the execution of a final judgment. The enforcement authority may defer execution for important reasons.

1. The Government Council shall enact the provisions necessary for the implementation of this law.

1. The Law of April 25, 1971, on Cantonal and Municipal Authorities (Authorities Law) is amended as follows: ...

1. The Law of April 25, 1971, on the Liability of the Public Entity and its Officials (Liability Law) is amended as follows: ...

1. The Act of December 17, 2008, on the Compensation of Authorities (Compensation Act) is amended as follows: ...

1. The Law of April 28, 1974, concerning the Organization and Administration of Municipalities (Municipalities Act) is amended as follows: ...

1. The Act of April 24, 1988, on the Introduction of the Swiss Civil Code (Introductory Act to the Civil Code) is amended as follows: ...

1. The Law of June 25, 2008 on the Protection of Personality (Personality Protection Act) is amended as follows: ...

1. The Ordinance of February 8, 1985, on Administrative Procedure and Administrative Justice (Administrative Justice Ordinance) is amended as follows: ...

1. The Law of February 4, 2004, on the Practice of the Legal Profession (Cantonal Lawyers' Act) is amended as follows: ...

1. The Law of April 27, 1969, on Public Documentation (Certification Act) is amended as follows: ...

1. The Law of 25 October 2006 on the Execution of Sentences and Measures (Execution of Sentences Act, ESA) is amended as follows: ...

1. The Law of October 25, 2006, on the Cantonal Prison (Prison Law) is amended as follows: ...

1. The Act of February 4, 2004 on the Protection of Nature and Landscape (Nature Protection Act) is amended as follows: ...

1. The Law of March 22, 2000, on the Taxes of the Canton and Municipalities (Tax Law) is amended as follows: ...

1. The Ordinance of September 24, 1997, on the Introduction to Federal Legislation on Aviation is amended as follows: ...

1. The Implementing Ordinance of December 18, 1996, concerning Federal Legislation on Foodstuffs and Consumer Goods (Cantonal Food Ordinance) is amended as follows: ...

1. The Introductory Act of October 23, 1994, to the Federal Law on Agricultural Land Rights is amended as follows: ...

1. The Ordinance of June 24, 1987, on the Introduction to the Federal Law on Agricultural Leases (Lease Ordinance) is amended as follows: ...

1. The Law of 26 April 1987 on Police Matters (Police Law) is amended as follows: ...

1. The Executive Order of October 28, 1987, Regarding the Law on Police Matters (Police Ordinance) is amended as follows: ...

1. The following provisions now refer to the Swiss Civil Procedure Code (CPC): Art. 34 para. 5 Expropriation Act and § 8 para. 1 Expropriation Ordinance.

2. The following provisions now refer to the Swiss Code of Criminal Procedure (CrCP): § 38 para. 2 Surveying Ordinance, Art. 82 para. 2 Primary School Act, Art. 38 para. 2 Cantonal Vocational Training Act, Art. 29 para. 2 Secondary School Act, Art. 258 para. 1 and Art. 272 para. 2 Tax Act, Art. 38 para. 4 Cantonal Hunting Act and § 60 para. 2 Fisheries Ordinance.

1. The following enactments are repealed

1. Law of April 28, 1968, on the Organization and Procedure of Courts (Court Law)[94];

2. Law of October 20, 1999, on Civil Procedure (Civil Procedure Code)[95];

3. Ordinance of January 11, 1989, on Criminal Procedure (Criminal Procedure Code)[96];

4. Implementing Ordinance of April 10, 1926, to the Federal Law concerning Copyright in Works of Literature and Art[97];

5. Introductory Ordinance of April 17, 1990, to the Federal Law against Unfair Competition[98];

6. Introductory Ordinance of July 12, 1937, to the Federal Law on Banks and Savings Banks[99].

2. The Canton of Nidwalden withdraws from the following concordats

1. Concordat of March 27, 1969, on Arbitration[100];

2. Concordat of April 26, 1974, November 8/9, 1974, on the Granting of Mutual Legal Assistance in Civil Matters[101];

3. Concordat of November 5, 1992, on Legal Assistance and Intercantonal Cooperation in Criminal Matters[102];

4. Concordat of October 28, 1971, on the Granting of Mutual Legal Assistance for the Enforcement of Public Law Claims[103];

5. Concordat of March 10, 1977, on the Enforcement of Civil Judgments[104].

1. The district council elects the presidents of the cantonal courts for the remainder of the term until 2012, based on Article 7, in the year 2010, insofar as they have not already been elected.

2. The courts shall constitute themselves according to Article 4 at the time this law comes into force.

3. For the initial election of the conciliation authority according to Article 40, an election for the remainder of the term until 2014 shall take place in the year 2010.

1. The additional members of the Cantonal Court elected for the term 2012-2016 pursuant to Art. 7 para. 1 shall remain in office until the end of the term.

2. If additional members leave the Cantonal Court before the end of the term 2012-2016, a replacement election shall only be conducted if the number of remaining additional members falls below six.

1. The County Council elects in the spring of 2017, at the time of the entry into force of the amendment to the Court Act of November 23, 2016, the Vice President of the Supreme Court for the remainder of the term of office 2016-2020.

2. The members of the Supreme and Administrative Court elected for the term 2016-2020 shall remain members of the court regardless of the election of the Vice Presidency.

1. Attempts at mediation in family law disputes concerning child-related matters that are pending at the time of the amendment's entry into force on August 26, 2020, shall be terminated by the mediation authority.

1. This law is subject to an optional referendum.

2. It comes into force on January 1, 2011.

3. Art. 130 enters into force in accordance with Art. 24 of the Election and Voting Act.