Justice Act (JG) - Scope (JG)

1. This law regulates the organization and jurisdiction of the cantonal judicial and law enforcement authorities and contains the supplementary provisions to the Swiss Code of Criminal Procedure, the Swiss Juvenile Criminal Procedure Code, and the Swiss Civil Procedure Code.

1. The Cantonal Council elects

a) the President, the Vice President, as well as the other members and substitute members of the Supreme Court and the Cantonal Court

b) the Justices of the Peace

c) the President and the other members and substitute members of the Judicial Administration Commission

d) the Chief Prosecutor and the other prosecutors

e) * the President and the other members and substitute members of the Child and Adult Protection Authority

2. The Supreme Court elects

a) the President as well as the other members and deputy members of the special conciliation authorities in civil matters

b) the President and the other members and substitute members of the other judiciary authorities in accordance with Chapter 6 of this law

c) the bailiffs and the bankruptcy officer

d) * the administrative head of the Office of the Justices of the Peace

3. If a court or another authority cannot be adequately staffed due to disqualification or other reasons, the appointing authority shall designate the necessary extraordinary members. Extraordinary prosecutors are appointed by the Government Council, and extraordinary justices of the peace by the Supreme Court.

1. Elections falling under the responsibility of the Cantonal Council are prepared by the Election Preparation Commission. It is chaired by the President of the Judiciary Commission and is composed of the following members

a) Members of the Judiciary Commission

b) Head of the relevant department

c) Representation of the Higher Court

d) Representation of the Cantonal Court

e) Representation of the Public Prosecutor's Office

f) Representation of the Schaffhausen Bar Association

2. It submits election proposals to the Cantonal Council. The members of the Judiciary Commission have voting rights.

1. The Superior Court and the Cantonal Court appoint their legal and administrative staff.

2. The Superior Court appoints the necessary additional staff for the conciliation authorities in civil matters, other judicial authorities according to Chapter 6 of this law, as well as the debt enforcement offices and the bankruptcy office. It may delegate the authority to appoint.

3. The Judicial Administration Commission appoints the legal secretariat and the necessary staff of the commission.

1. Upon assuming office, the following oath of office must be taken

a) The President of the Superior Court, the Cantonal Court, and the Judicial Administration Commission, as well as the Chief Public Prosecutor, before the Cantonal Council

b) The other members of the courts and the Judicial Administration Commission, before their respective President

c) The other public prosecutors, before the Chief Public Prosecutor

d) The members of the conciliation authorities in civil matters and the other judicial authorities according to Chapter 6 of this law, the enforcement officers, and the bankruptcy officer, before the President of the Superior Court

2. The person who is to take the oath will be read the following formula: "You vow to perform your office to the best of your knowledge and conscience, to observe the constitution and the laws, and to focus not on the person but on the matter at hand." The oath is taken by speaking the words "I vow so."

1. The Supreme Court is responsible for supervising the Cantonal Court, the conciliation authorities in civil matters, the other judicial authorities in accordance with Chapter 6 of this law, as well as the debt enforcement offices and the bankruptcy office.

2. The Executive Council is responsible for supervising the Public Prosecutor's Office.

3. The Supreme Court and the Executive Council oversee the management of the authorities under their supervision. They report to the Cantonal Council as the supreme supervisory authority. The Supreme Court informs the Cantonal Council in its official report about its own activities as well.

4. The Judicial Administration Commission is under the supreme supervision of the Cantonal Council. It reports to the Cantonal Council about its management activities.

1. Complaints regarding improper conduct by a judicial or law enforcement authority or their members and staff can be submitted in writing to the supervisory authority. If the complaint is directed against a specific official action, it must be submitted within ten days from the day it became known. Otherwise, a complaint can be filed as long as the complainant has a legal interest in maintaining the complaint.

2. Any person may report facts to the supervisory authority at any time that require supervisory action against a judicial or law enforcement authority. The person reporting does not have party rights. The manner of resolution shall be communicated to them.

3. The supervisory authority shall conduct the necessary investigations and ensure that the grounds for the complaint are remedied. Personnel measures to ensure the execution of duties and the initiation of criminal proceedings are reserved.

4. In the case of frivolous or reckless submission of a supervisory complaint or report, costs may be imposed on the complainant or the person reporting the matter.

1. The seat of the cantonal judicial authorities is Schaffhausen, unless otherwise specified.

1. The Justice of the Peace is the conciliation authority responsible for the entire canton in disputed civil matters, insofar as no special conciliation authority exists for such matters.

2. The Cantonal Council appoints three to four Justices of the Peace and, after consulting the Superior Court, determines the overall workload of the Justice of the Peace Office.

3. The Justice of the Peace Office handles cases with a single judge. The administrative director of the Justice of the Peace Office is responsible for case allocation. Otherwise, the Justice of the Peace Office organizes itself independently.

1. The Conciliation Authority for Rental Matters is the conciliation body responsible for the entire canton in disputes arising from the leasing and rental of residential and commercial premises.

2. It consists of the Chairperson as well as representatives of tenants and landlords. Each has a deputy.

3. The Chairperson and their deputy must not belong to any tenant or landlord organization. For the election of other members of the conciliation authority and their deputies, the Supreme Court seeks proposals from tenant and landlord organizations.

1. The conciliation authority for discrimination in employment is the conciliation body responsible for the entire canton in disputes under the Equality Act.

2. It consists of the president and four additional members and meets in panels of three, in accordance with the relevant federal legal parity requirements.

1. The Justice of the Peace office manages its own clerical business.

2. The office of the Cantonal Court handles the clerical business of the Conciliation Office for Tenancy Matters and the Conciliation Office for Discrimination in Employment.

1. The police duties in the service of criminal justice are primarily performed by the Schaffhausen Police.

2. The other police authorities of the canton and the municipalities have police powers for criminal prosecution only within their specific areas of activity according to legal provisions and service regulations. They are obliged to support the Schaffhausen Police and the Public Prosecutor's Office in the fulfillment of their duties.

1. Administrative Law Regulates the Organization of the Police and the Legal Status of Its Employees.

2. The Criminal Prosecution Activity of Police Bodies is Governed by the Swiss Criminal Procedure Code and This Law.

1. The Public Prosecutor's Office is responsible for the prosecution of criminal offenses, unless a regulatory authority is competent according to the Introductory Act to the Swiss Criminal Code.

1. The Public Prosecutor's Office consists of the Chief Public Prosecutor, the General Department, the Traffic Department, the Juvenile Prosecution Department, as well as the specialized and clerical staff.

2. Each department is headed by a Senior Public Prosecutor. The governing council appoints these from among the prosecutors.

3. The Chief Public Prosecutor and the Senior Public Prosecutors together form the executive management.

4. The Chief Public Prosecutor appoints their deputy from among the Senior Public Prosecutors.

1. The General Division handles cases for which no other jurisdiction is applicable.

1. The Traffic Department handles cases involving transportation by land, water, or air.

2. The Traffic Department may also pursue individual other criminal offenses.

3. The Traffic Department is the first-instance administrative authority for administrative measures in road traffic. The procedure is governed by the Administrative Procedure Act.

1. The Youth Prosecution Office handles cases in accordance with the Swiss Juvenile Criminal Procedure Code.

2. Offenses under cantonal and municipal law committed by juveniles are pursued and adjudicated by the administrative authorities. The administrative authority may refer the case to the Youth Prosecution Office.

1. The Chief Public Prosecutor supervises the Public Prosecution Office and is specifically responsible for

a) representing the Public Prosecution Office externally

b) reporting to the supervisory authority

c) training the public prosecutors

2. Additionally, the Chief Public Prosecutor performs the duties of the Public Prosecution Office that are not expressly assigned to another position.

1. The Chief Public Prosecutor

a) supervises the cases handled by the Senior Public Prosecutors and has the right to issue case-related directives to the procedural leaders

b) represents the prosecution before the Federal Court, with the possibility of delegating representation

c) represents the prosecution, in coordination with the Senior Public Prosecutors, in individual cases before the Cantonal Court and the Superior Court

d) has the right in all cases to file an appeal, submit the written statement of appeal, and lodge a complaint with the Superior Court and the Federal Court

e) takes necessary measures to protect individuals outside of proceedings

f) conducts jurisdictional disputes before federal courts

g) resolves intra-cantonal jurisdictional conflicts in the field of criminal prosecution

2. The Chief Public Prosecutor also handles their own cases.

1. The management is responsible for the uniform professional leadership of the public prosecutor's office. It ensures the consistent enforcement of the state's criminal claims in the canton and supports the chief public prosecutor in the management of the public prosecutor's office.

2. For this purpose, it issues general directives.

1. The Chief Public Prosecutors are particularly responsible within their department for

a) the assignment of cases

b) the training of professional and clerical staff

c) the supervision of cases with case-related authority to issue directives

2. Furthermore, they handle their own cases.

1. Public prosecutors handle the cases assigned to them independently until they are conclusively closed. They may also conduct proceedings against juveniles.

2. This specifically includes

a) drafting indictments

b) representing the prosecution subject to Article 21 paragraph 1 letters b and c of this law

c) the right to file an appeal, to submit a written declaration of appeal, and to lodge a complaint with the higher court

d) conducting non-contentious jurisdictional proceedings

3. They are also responsible for

a) granting national and international legal assistance

b) granting legal assistance for offenses under cantonal law subject to reciprocity

1. The public prosecutors of the Juvenile Prosecutor's Office perform the functions that, according to federal law, are vested in juvenile prosecutors. They sign in juvenile criminal cases as juvenile prosecutor.

2. They execute decisions against juveniles.

3. They may also conduct proceedings against adults.

1. The Cantonal Court consists of the President, the Vice President, and three to five other members, as well as at least three substitute members.

2. The Cantonal Council determines the percentage of positions for the entire court after consulting with the Cantonal Court and the Higher Court.

1. The Cantonal Court organizes itself.

2. The President represents the Cantonal Court externally, manages the administration of the court, and presides over the full court.

3. The Cantonal Court adjudicates in panels of three as well as through individual judges.

4. Administrative matters are the responsibility of the full court. The court has a quorum when an absolute majority of its members are present. In the event of a tie vote, the chairperson decides.

5. The full court can appoint a commission to handle administrative matters and delegate certain tasks to a member.

1. The Cantonal Court acts as the first instance for civil matters, unless the Higher Court is competent as the sole cantonal instance.

1. The Cantonal Court adjudicates through single judges

a) family law proceedings

b) cases that are to be handled in simplified and summary proceedings

c) the following additional non-contentious matters in summary proceedings

1. deposit of payments by the debtor of a real estate lien (Art. 861 para. 2 Swiss Civil Code - ZGB)

2. order for the examination of an animal in cases of defects (Art. 202 para. 1 Swiss Code of Obligations - OR)

3. determination of facts and participation in the sale when objections are raised against delivered goods (Art. 204 para. 2 and para. 3 OR)

4. determination of the condition and participation in the sale when objections are raised against delivered commission goods (Art. 427 para. 1 and para. 3 OR)

5. order for the auction of commission goods (Art. 435 OR)

6. determination of the condition and participation in the sale of freight goods in case of delivery obstacles (Art. 444 para. 2 and Art. 445 OR)

7. order for the deposit and sale of freight goods in dispute cases (Art. 453 para. 1 OR)

d) the enforcement of judgments and public documents

e) revision applications if the previous decision was already adjudicated by a single judge

2. The other civil cases are adjudicated by the Cantonal Court in panels. These panels handle, regardless of the amount in dispute, also claims that are transferred to them due to their material connection with claims already pending before them.

1. The President of the Cantonal Court, or in their absence, their deputy, shall decide on contested requests for recusal against

a) the members and substitute members as well as the court clerks of the Cantonal Court in civil proceedings

b) the members and substitute members of a conciliation authority in civil matters

1. The individual judge of the Cantonal Court is responsible within the framework of national and international arbitration for

a) the appointment, challenge, dismissal, and replacement of arbitrators

b) the extension of the term of office of the arbitral tribunal

c) the assistance of the arbitral tribunal in procedural actions

1. The single judge of the Cantonal Court provides, subject to other regulations, national and international legal assistance in civil matters.

2. He or she may delegate the execution of requests for legal assistance, including the examination of persons, to a court clerk under his or her responsibility.

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

2. It adjudicates through single judges

a) Misdemeanors

b) Felonies and offenses, insofar as a chamber is not competent according to paragraph 3

3. It adjudicates in chambers the following felonies and offenses

a) Homicide offenses

b) Crimes where, given the circumstances, a custodial sentence of more than one year, a monetary penalty of more than 360 daily rates, an inpatient therapeutic measure according to Articles 59-61 of the Swiss Criminal Code (StGB), a custody according to Article 64 StGB, or, in the case of concurrent sanctions to be revoked, a deprivation of liberty of more than one year or a monetary penalty of more than 360 daily rates is at stake.

1. The Cantonal Court is the Juvenile Court.

2. Charges following objections against penal orders, which pertain to infractions, are assessed by the chairperson.

1. The single judge of the Cantonal Court is the compulsory measures court in general criminal justice and in juvenile criminal cases.

2. The compulsory measures court is also the competent court for directing the segregation of information in accordance with Article 271 paragraph 1 of the Swiss Code of Criminal Procedure.

1. The sole judge of the Cantonal Court is the judicial authority according to the Federal Act on Foreign Nationals.

1. The single judge of the Cantonal Court is the judicial authority responsible for reviewing police coercive measures when special legislation provides for the direct invocation of a judicial authority.

1. The Superior Court consists of the president, the vice-president, and three to five other members, as well as at least three substitute members.

2. The Cantonal Council, after consulting the Superior Court, determines the percentage of positions for the entire court.

**1. The Supreme Court organizes itself.**

2. The President represents the Supreme Court and the entire judiciary externally, manages the affairs of the Supreme Court, and presides over the full court.

3. The Supreme Court adjudicates cases in panels composed of three members as well as through individual judges. Upon the request of the individual judge or the panel responsible for the assessment, legal cases of fundamental importance or particular significance may be decided by the full court.

4. The full court handles applications for the review of administrative legal regulations (abstract judicial review). In doing so, it also adjudicates administrative court complaints that are filed together with the application for judicial review on the same matter.

5. The full court is responsible for administrative affairs, in particular

a) elections and other personnel decisions

b) matters concerning the organization and administration of the courts and subordinate authorities

c) general supervision over subordinate courts and other authorities, except in matters of appeal

d) ordering and conducting procedures to ensure task execution

e) the issuance of regulations and directives

6. The full court is capable of making decisions on administrative matters when the absolute majority of court members participate. In the event of a tie, the president has the deciding vote.

7. The full court may appoint a committee to handle administrative affairs and assign certain tasks to a member.

1. The Superior Court adjudicates civil matters for which a single cantonal instance is responsible.

2. If these cases are to be judged in summary proceedings, a single judge is responsible for handling them. Any party may request the case to be heard by a panel.

3. The Superior Court adjudicates the remaining cases in panels.

1. The Higher Court serves as the appellate and complaint authority in civil law matters (including child and adult protection law).

2. In summary proceedings, legal remedies are handled by a single judge. Each party may request a hearing by a panel.

3. A request for revision is decided by a single judge if the previous decision was made by a single judge.

4. The other cases are adjudicated by the Higher Court in panels.

5. If a panel is competent in the main matter, the chairperson decides on the authorization of the early enforcement or the postponement of the enforcement of the appealed decision and, if necessary, orders protective measures or the provision of security.

1. The Superior Court is the appellate and review authority in national arbitration. It handles cases in panels.

2. The President of the Superior Court is responsible for receiving the arbitration award for deposit and for certifying its enforceability.

1. The Superior Court serves as the appellate court and the court of complaint in general criminal justice and juvenile criminal cases.

2. Decisions are made by a single judge

a) as an appellate court when only infractions or economic ancillary consequences of up to CHF 5,000.00 are in dispute, whereby the parties can request a hearing by a chamber;

b) as a court of complaint in cases against orders of dismissal, in matters of legal assistance, and in cases prescribed by federal law.

3. All other cases are adjudicated in chambers.

1. The Higher Court handles administrative complaints against

a) final decisions of cantonal administrative authorities

b) administrative decisions of subordinate judicial authorities

c) final decisions of recognized churches

d) decisions of the Cantonal Council, insofar as federal law prescribes judicial protection at the cantonal level

2. The Higher Court acts as the cantonal insurance court, handling appeals and claims in the entire field of federal and cantonal social insurance law as well as supplementary insurance for social health insurance.

3. The Higher Court acts as the cantonal tax appeals authority, handling appeals and complaints in the area of direct taxes imposed by the Federation and the Canton. Deviating provisions remain reserved.

4. The Higher Court rules on administrative matters where federal law mandates a single cantonal judicial authority, such as complaints regarding compensation and satisfaction according to the Victim Assistance Act.

5. Additional tasks of the Higher Court as an administrative court based on special legislation remain reserved.

1. A member of the Supreme Court shall chair the cantonal arbitration court in social security matters.

2. It sets a deadline for the parties to appoint a representative. In the event of default, it appoints the arbitrators itself.

1. The Supreme Court reviews regulations of an administrative nature in decrees of the canton, with the exception of laws, and in decrees of municipalities, public-law corporations, and institutions for their constitutionality and legality.

1. The Higher Court decides on jurisdictional conflicts between administrative and judicial authorities in pending proceedings or upon request by an affected authority.

1. The High Court adjudicates administrative legal matters in chambers. The specific provisions regarding the plenary court and the arbitration tribunal in social insurance matters are reserved.

2. The procedure is governed by Art. 35 et seq. of the Administrative Procedure Act. Special procedural provisions in specialized legislation are reserved.

1. The Superior Court acts as the supervisory authority in matters of debt enforcement and bankruptcy and handles complaints pursuant to Article 17 of the Federal Act on Debt Enforcement and Bankruptcy.

2. It handles complaints with a disputed amount up to CHF 5,000.00 through a single judge. The remaining cases are decided in chambers.

3. Unless otherwise specified by federal law, the complaint procedure follows, mutatis mutandis, Articles 35 et seq. of the Administrative Procedure Act.

1. The President of the High Court, or their substitute in the event of incapacity, decides on disputed applications for recusal against

a) the members and substitute members as well as the court clerks of the High Court

b) the prosecutors, the members and substitute members as well as the court clerks of the Cantonal Court in criminal proceedings

c) the members and substitute members as well as the legal secretariat of the other judicial authorities in accordance with Chapter 6 of this Act

1. The court clerks of the Cantonal Court and the Higher Court participate in the instruction of cases and in the decision-making process; they have an advisory vote.

2. They usually prepare the minutes of the proceedings.

3. They prepare reports and draft court decisions under the responsibility of a judge.

4. They may conduct mediation negotiations on behalf of the procedural management.

1. The Cantonal Court and the Superior Court each have their own court registry with the necessary administrative personnel.

2. The courts assign a court clerk of the respective instance to manage the court registry and designate a deputy.

1. If a panel or chamber is responsible for the adjudication of a pending case, the chairperson or the instructing judge may issue the necessary procedural orders, including those concerning provisional measures and legal aid.

2. The procedural judge may also make the case-closing dismissal decision in the event of a withdrawal or acknowledgment of the claim, settlement between the parties, lack of subject matter, withdrawal of an appeal or an objection, as well as the decision of non-entry in the event of a party's default or an evidently inadmissible appeal.

1. Written decisions shall be signed by the presiding judge and the court clerk involved in the proceedings.

2. For interim decisions and procedural orders that do not rule on the matter, in civil cases the signature of either the presiding judge or the involved court clerk shall suffice.

3. Minutes shall be signed by the person responsible for recording them.

4. Simple procedural orders and summonses shall be signed by the presiding judge, or under their responsibility by the court clerk, or by an administrative employee of the court office.

1. If a file is maintained electronically, authentication is done using an electronic seal or a qualified electronic signature in accordance with the Federal Act of March 18, 2016, on Electronic Signatures (ZertES).

2. Furthermore, the court may, as an exception to Article 54, attach a certification to the paper copy stating that it accurately reflects the content of the electronic original. The certification must be signed by the court clerk or an administrative staff member of the court registry.

1. The judicial minority may express their dissenting opinion in the decision.

1. The Cantonal Judicial Administration Commission consists of a president, two additional members, three substitute members, and the legal secretariat.

2. The members of the commission are elected as needed for the remainder of the term of office.

1. The Judicial Administration Commission for the Administration of Justice handles administrative court appeals against first-instance administrative decisions of the Higher Court, as well as other administrative judicial remedies against orders of the Higher Court.

2. The chairperson, or if they are unavailable, another member of the commission, decides on contested recusal requests against members, substitute members, or the legal secretariat of the commission.

3. The procedure before the commission is governed by Art. 35 et seq. of the Administrative Procedure Act.

1. The canton establishes a Child and Adult Protection Authority based in Schaffhausen. In the cases of Article 25 paragraph 2 and Article 26 of the Swiss Civil Code (ZGB), the seat is considered to be the municipality in which the affected person resides.

2. It handles the tasks assigned to the Child Protection Authority and the Adult Protection Authority, serves as the judicial complaint authority in accordance with Article 439 ZGB, and exercises professional supervision over professional guardianships and private guardians.

3. It is composed of an interdisciplinary team consisting of the President and at least three additional members and at least three substitute members. The Cantonal Council determines the percentages of positions for the entire authority after consulting with the Child and Adult Protection Authority and the Superior Court.

4. The Child and Adult Protection Authority has a specialized secretariat.

1. The Child and Adult Protection Authority organizes itself.

2. The President represents the Child and Adult Protection Authority externally, manages the authority's operations, and leads the entire authority.

3. The Child and Adult Protection Authority makes decisions in panels of three as well as in individual capacity.

4. Administrative matters concerning the authority are the responsibility of the entire authority. It is quorate when the absolute majority of the authority members participate. In the event of a tie, the chairperson makes the decision.

5. It may establish a committee for handling internal administrative matters and assign specific tasks to a member.

1. The Child and Adult Protection Authority handles the tasks assigned to it in chambers composed of three members, unless the law provides otherwise.

1. The Child and Adult Protection Authority handles the following assigned tasks through one of its members

1. Application and reorganization of parental authority (Art. 134 para. 1 and 3 Swiss Civil Code)

2. Application for the appointment of a child's representative (Art. 299 para. 2 letter b Swiss Civil Procedure Code)

3. Receipt of the declaration of consent and its revocation in the adoption declaration (Art. 265a para. 2, 265b para. 2 Swiss Civil Code)

4. Approval of maintenance agreements and their non-modifiability (Art. 287 para. 1 and 2 Swiss Civil Code)

5. Transfer of parental authority (Art. 298 para. 3 and Art. 298a para. 1 Swiss Civil Code)

6. Appointment of a deputy for paternity clarification (Art. 309 para. 1 Swiss Civil Code)

7. Investigation and approval of a foster care relationship and exercising supervision, provided no more than four foster children are taken in and adoption is not intended (Art. 316 para. 1 Swiss Civil Code)

8. Measures for the protection and approval of the use of child's property (Art. 318 para. 3, Art. 320 para. 2 and Art. 322 para. 2 Swiss Civil Code)

9. Inquiry with the registry office (Art. 363 para. 1 Swiss Civil Code)

10. Interpretation and supplementation of a power of attorney for personal care (Art. 364 Swiss Civil Code)

11. Examination of the termination of a power of attorney (Art. 367 para. 1 Swiss Civil Code)

12. Consent for actions within the framework of extraordinary asset management (Art. 374 para. 3 Swiss Civil Code)

13. Intervention of the Child and Adult Protection Authority in connection with representation in medical measures (Art. 381 Swiss Civil Code)

14. Inventory and arrangement for the recording of a public inventory (Art. 405 para. 2 and 3 Swiss Civil Code)

15. Examination of the account and report (Art. 415 para. 1 and para. 2 Swiss Civil Code)

16. Initiation of the transfer procedure in the event of a change of residence (Art. 442 para. 5 Swiss Civil Code)

17. Examination and decision on access to files (Art. 449b Swiss Civil Code)

18. Notification to the registry office (Art. 449c Swiss Civil Code)

19. Execution order (Art. 450g Swiss Civil Code)

20. Providing information about the existence and effects of a measure (Art. 451 para. 2 Swiss Civil Code)

21. Notification to the debtor (Art. 452 para. 2 Swiss Civil Code)

22. Order of a representation guardian for the unborn child to protect inheritance claims (Art. 544 para. 1bis Swiss Civil Code)

23. Application for the recording of an inheritance inventory (Art. 553 para. 1 no. 3 Swiss Civil Code)

24. Tasks of the Central Authority based on the Federal Act on International Child Abduction (Art. 2 BG-KKE)

2. It also handles other matters in the field of child and adult protection law, for which no other cantonal jurisdiction exists, under individual responsibility.

1. The procedure is governed by Article 46 of the Swiss Civil Code Introduction Act.

1. The Cantonal Commission for Expropriations, Building Insurance, and Fire Protection consists of a president, five additional members, and the legal secretariat.

2. The Commission addresses

a) as an appraisal commission, claims and requests made based on the provisions of the Expropriation Act or other decrees referring to the Expropriation Act;

b) appeals against decisions of the Building Insurance;

c) appeals against decisions of the Cantonal Fire Police.

3. The Commission decides in a panel of three.

4. The procedure follows, by analogy, Art. 35 et seq., regarding the cost and compensation consequences according to Art. 27 and Art. 28 of the Administrative Procedure Act. In matters of expropriation, the specific procedural provisions of the Expropriation Act are additionally applicable.

1. The Cantonal Appraisal Commission for Wildlife Damage consists of a president and four additional members.

2. The office of the Cantonal Court manages the secretariat of the Commission.

3. The Commission decides on the compensation liability of hunting societies and the canton in accordance with Articles 28 and 29 of the Cantonal Hunting Law.

4. The Commission decides as a panel of three members. In cases with a dispute value up to CHF 1,000.00, the president decides alone.

5. The procedure follows, mutatis mutandis, Articles 35 et seq. of the Administrative Procedure Law.

1. The Cantonal Supervisory Authority for the Legal Profession consists of a President, two additional members, three substitute members, and the legal secretariat. Both courts and the legal profession are represented within the supervisory authority.

2. The Supervisory Authority

a) maintains the cantonal register of lawyers and the list of lawyers from EU or EFTA member states with a business address in the Canton of Schaffhausen, who are permitted to regularly represent parties in court in Switzerland, and makes the necessary decisions in this regard

b) decides on admission to the bar examination, conducts it, and grants or denies the attorney's patent

c) revokes the attorney's patent and decides on its reissuance

d) decides on the admission of lawyers from EU or EFTA member states to the suitability examination or interview to assess professional skills and conducts these

e) supervises registered lawyers

f) decides on applications for the release of lawyers from the attorney-client privilege

3. The Supervisory Authority may delegate subordinate matters to the presidency, individual members, or the secretariat.

4. The procedure before the Supervisory Authority is governed by Art. 9 et seq. of the Lawyers Act and, mutatis mutandis, by Art. 35 et seq. of the Administrative Procedure Act.

1. The Agricultural Arbitration Tribunal consists of a president, two additional members, two substitute members, and the legal secretariat.

2. The Arbitration Tribunal is established and its members are elected when a land improvement enterprise is constituted in the Canton of Schaffhausen. It remains in place until its conclusion.

3. The Arbitration Tribunal handles appeals against orders issued in the context of land consolidation.

4. The proceedings before the Arbitration Tribunal are governed by Art. 25 para. 2 and para. 3 of the cantonal Agricultural Law.

1. The language of the proceedings is German.

1. Anyone employed in the Canton of Schaffhausen for the fulfillment of public duties and possessing the necessary expertise may only refuse the appointment as an expert for important reasons.

2. Experts are informed of the decisions in the proceedings in which they were involved upon request.

1. The public prosecutor's office and the judicial authorities may request the assistance of the police at any time in all proceedings.

1. Public Announcements are made in the Official Gazette for the Canton of Schaffhausen.

1. The Higher Court and, for the procedures finalized at the Public Prosecutor's Office, the Executive Council regulate the archiving of the records of finally concluded proceedings.

1. The judicial authorities maintain their records electronically or in paper form.

2. The superior court and the public prosecutor's office regulate record-keeping for their proceedings.

1. Physically submitted documents shall be scanned electronically in electronically conducted proceedings. Exceptions are made for documents that are not suitable for electronic processing due to technical reasons.

2. Electronic documents are considered the authoritative version in the proceedings.

3. Physically submitted documents may be destroyed after digitization, provided the submitting party does not request their return within a set deadline. Federal legal provisions to the contrary are reserved.

4. The Supreme Court and, for their proceedings, the Public Prosecutor's Office shall regulate the digitization procedure.

1. The Superior Court regulates court reporting.

1. In matters of tenancy and labor law, professional and worker secretaries, as well as persons in similar positions, are authorized to represent employees and tenants in a professional capacity.

2. In tenancy matters, property managers are authorized to represent landlords in a professional capacity.

3. In these cases, the court may exclude persons from representation if it appears necessary to properly safeguard the interests of the party.

1. The deliberation of the judgment is not public.

1. Authorities and their employees within the meaning of Art. 302 para. 2 of the Swiss Criminal Procedure Code are obligated to file a criminal complaint when they become aware of a serious offense in their official capacity.

2. Exempt from this obligation, but entitled to report, are public officials whose duties require a special relationship of trust with a party involved.

1. District Physicians are Obligated to Report Unusual Deaths to the Schaffhausen Police.

1. Entitled to File a Criminal Complaint for Neglect of Maintenance Obligations under Article 217 of the Swiss Criminal Code are, in addition to those entitled according to federal law, also the guardianship or social welfare authorities responsible for the care of the person entitled to maintenance.

1. The initiation of criminal proceedings against members of the Government Council and the Supreme Court for crimes or offenses committed while in office requires the authorization of the Cantonal Council. Exceptions are violations in road traffic.

2. Criminal complaints and reports are to be submitted to the Office of the Cantonal Council. This office conducts the necessary investigations itself or has them conducted by a special prosecutor and submits a report and proposal to the Cantonal Council.

3. The criminal liability for statements made in the Cantonal Council and its committees is governed by the law on the Cantonal Council.

1. Subject to any differing legal provisions, the other authorities of the canton and the municipalities, as well as the administrations of public institutions and enterprises, must provide the criminal authorities with the information required for the criminal proceedings and, if necessary, grant access to the files. The provisions on the right to refuse to provide information to protect official secrecy shall apply accordingly.

2. The criminal authorities must notify the competent administrative authorities and transmit useful documents to them if, in a criminal proceeding, there is justified reason to consider the examination of non-criminal measures.

1. The procedural prosecuting attorneys may delegate to the staff members of the prosecution office

a) the collection of evidence in simple cases

b) individual investigative actions in all cases

2. The responsibility remains with the procedural leadership.

1. If a coercive measure can be carried out by the police according to statutory provisions, the officers of the Schaffhausen police are responsible for issuing the order.

2. The police command may designate additional employees as responsible.

1. The issuance of a penalty order is the responsibility of the prosecuting attorneys conducting the proceedings.

2. Personnel of the public prosecutor's office may issue penalty orders for infractions, based on their personal duty statements and under the responsibility of the procedural leadership.

1. The conduct of proceedings may offer rewards for the successful assistance of the public in the investigation.

2. If the reward is to exceed CHF 10,000.00, its offering requires

a) approval from the government council if issued by the public prosecutor's office

b) approval from the president of the supreme court if issued by a court

3. The conduct of proceedings decides on the disbursement.

1. Subject to superior law and the following provisions, the provisions of the section on general criminal law shall apply.

1. Police investigations are limited to those measures necessary to preserve the traces and characteristics of committed criminal acts unchanged and that cannot be postponed without obvious disadvantages to the proceedings. Further investigations shall only be conducted on the instructions of the youth attorney.

2. Police officers suitable for this service must be deployed for official actions against children and adolescents.

1. Basis for the determination of fees is the amount in dispute, the effort of the judicial authorities, and the complexity of the case.

2. In non-pecuniary matters, the determination of fees is based on the actual interest in the dispute. This is determined at the discretion of the authorities. The regulations on the amount in dispute apply mutatis mutandis.

1. In arbitration proceedings, the flat fee amounts to between CHF 100.00 and CHF 1,000.00 if the proceedings are not free of charge.

1. In judicial proceedings, the lump-sum fee is determined within the following range at each instance, provided the proceedings are not free of charge

a) Disputed amount up to CHF 2,000.00: CHF 100.00 - CHF 1,000.00

b) Disputed amount up to CHF 30,000.00: CHF 200.00 - CHF 10,000.00

c) Disputed amount up to CHF 100,000.00: CHF 500.00 - CHF 25,000.00

d) Disputed amount up to CHF 500,000.00: CHF 1,000.00 - CHF 50,000.00

e) Disputed amount up to CHF 2,000,000.00: CHF 2,000.00 - CHF 100,000.00

f) Disputed amount over CHF 2,000,000.00: CHF 10,000.00 up to 5% of the disputed amount

2. In summary proceedings, the fee amounts to a maximum of half the amount that results from the application of paragraph 1.

3. If the proceedings are concluded without examination of the claim and no significant effort has been incurred by the court up to that point, the lump-sum fee can be reduced below the respective minimum amount.

4. If the decision is issued without a written justification and this is not subsequently required to be provided, the fee is reduced to two-thirds.

1. For the submission and filing of a protective letter, the fee ranges from CHF 100.00 to CHF 1,000.00.

2. If the opposing party initiates the corresponding proceedings within six months, the fee for the protective letter will be credited towards the flat fee for the proceedings.

1. If a state court is requested to assist in an arbitration matter, the fee ranges from CHF 500.00 to CHF 20,000.00.

2. In appellate proceedings against arbitral awards, in provisional and protective measures pursuant to Article 183 paragraph 2 of the Swiss Federal Act on Private International Law, as well as in recognition and enforcement proceedings under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the ordinary flat fees for court proceedings apply.

1. The court shall determine the party compensation for the prevailing party at its discretion within the framework of the applicable regulations.

2. The court bases this on the amount charged to the party entitled to compensation for legal representation, provided that

a) the agreed rate is customary and contains no contingency fees

b) the claimed expenses are reasonable and necessary for the conduct of the proceedings

c) the invoiced amount is in a reasonable proportion to the significance of the case

d) the demanded compensation does not result in an unjustified burden on the losing party in relation to the matter or their legitimate needs for legal protection

3. The parties are required to submit a complete, signed fee agreement at the initial stage of the proceedings. If they fail to do so, the court may choose not to take the attorney's invoice into account when determining the litigation costs.

4. Amendments to the fee agreement are generally recognized from the time they are submitted to the court and only if they do not exploit the process situation.

5. The conclusion of undisclosed fee arrangements alongside the submitted fee agreement is prohibited. Violations are to be reported to the supervisory authority over the legal profession.

1. The provisions concerning the calculation of party compensation for legal representation shall apply mutatis mutandis to other professional representation.

2. The Higher Court may, if necessary, issue more detailed provisions for certain professional groups.

1. The fees are determined within the following amounts, taking into account the effort involved and the financial circumstances of the liable person.

1. The fees for the preliminary proceedings are as follows

a) upon conclusion without an investigation procedure

1. with a non-participation order: CHF 250.00-CHF 3,000.00

2. with a penal order: CHF 250.00-CHF 1,500.00

b) upon completion of the investigation procedure

1. with a dismissal order: CHF 250.00-CHF 50,000.00

2. with a penal order: CHF 250.00-CHF 10,000.00

3. with an indictment: CHF 250.00-CHF 100,000.00

2. The fees for the main proceedings are as follows

a) upon conclusion without a judgment

1. with a dismissal or deletion order: CHF 300.00-CHF 3,000.00

2. with a decision of the criminal chamber: CHF 300.00-CHF 6,000.00

b) upon conclusion with a judgment

1. by a single judge: CHF 300.00-CHF 30,000.00

2. by a criminal chamber: CHF 300.00-CHF 100,000.00

3. The fees for the appeal proceedings are as follows

a) upon conclusion without a judgment

1. with an order of the proceedings management: CHF 300.00-CHF 5,000.00

2. with a decision of the criminal chamber: CHF 300.00-CHF 50,000.00

b) upon conclusion with a judgment

1. by a single judge: CHF 300.00-CHF 10,000.00

2. by a criminal chamber or the full court: CHF 300.00-CHF 100,000.00

4. In cases of particular scope, especially in crimes involving an offense amount exceeding CHF 2,000,000.00, the above rates may be appropriately increased. The upper limit should generally not exceed 5% of the offense amount.

1. For other decisions by criminal authorities, particularly for subsequent judicial orders, independent decisions on ancillary matters, measures concerning courtroom police authority, as well as decisions in appeal or revision procedures, the fee is

a) for orders: CHF 250.00-CHF 2,000.00

b) for court resolutions: CHF 300.00-CHF 10,000.00

1. For proceedings in juvenile criminal matters, the fee ranges from CHF 50.00 to CHF 3,000.00.

1. The Canton of Schaffhausen shall not be charged any court costs.

1. For the justified expenses of gratuitous representation and official defense, the attorney is compensated with a fee from the state treasury.

2. The higher court regulates the details.

1. The Executive Council regulates the collection of procedural costs.

2. The competent enforcement authority determines the deferral and installment payment of cost claims.

3. The competent department may waive, in whole or in part, the payment of the imposed costs for a person liable for these costs in the event of permanent indigence. The costs may be claimed subsequently if the person liable for the costs can be reasonably expected to pay at a later time.

1. The government council regulates the enforcement of police custody, investigative detention, security detention, as well as punishments and measures.

2. It may enter into agreements for the shared use of facilities outside the canton and may delegate enforcement tasks to private entities.

3. Subject to specific legal provisions, it designates the competent enforcement authorities and issues further regulations to ensure enforcement, in particular detailed regulations regarding the rights and duties of admitted persons, disciplinary measures, as well as supervision.

1. The executing authority may order preventive detention in the following cases

a) for the re-incarceration of a conditionally released person in sentence or measure execution

b) upon the revocation of a measure, provided that the custodial sentence has not yet been served, or the executing authority deems another measure appropriate

c) when a custodial measure is temporarily impracticable

2. Preventive detention must be in the prevailing public interest. It may be ordered in the cases of para. 1 lit. a and b for a maximum of 48 hours. In the case of para. 1 lit. c, it may be ordered for a maximum of 5 days.

3. The court shall decide on the continuation of preventive detention (Art. 363 ff. and Art. 440 of the Criminal Procedure Code).

1. The government council regulates probation assistance and social support for the duration of the criminal proceedings and enforcement.

1. The convicted person shall be required to contribute to the execution costs under Article 380 paragraph 2 of the Swiss Criminal Code.

2. The government council shall regulate the collection and designate the competent authorities.

1. The procedure for enforcement orders by administrative authorities is governed by the Administrative Procedure Code.

2. The Chief Prosecutor may appeal judicial enforcement decisions made by administrative authorities.

1. The Cantonal Council may, through clemency, remit entirely or partially any legally binding sentences or convert them into lighter forms of punishment.

2. Criminal measures and decisions concerning civil claims and procedural costs are not subject to clemency.

3. There is no legal entitlement to clemency.

1. The petition for clemency must be submitted in writing and with justification to the Cantonal Council. It does not have a suspensive effect unless the competent enforcement authority orders otherwise.

2. The competent body of the Cantonal Council shall procure the criminal records. It may request a statement from the competent department and the adjudicating authority as well as further reports on the convicted person.

3. The decision of the Cantonal Council shall be communicated to the applicant, the adjudicating authority, and the enforcement authority with a brief written justification.

1. Pardon may also be granted conditionally; the Cantonal Council shall set a probationary period for the convicted person. Conditional pardon may be accompanied by probation assistance and directives.

2. If the conditionally pardoned person commits a crime or an offense during the probationary period, acts contrary to a directive given to them despite formal warning by the enforcement authority, or persistently evades probation assistance, the Cantonal Council may revoke the pardon.

1. The Executive Council issues the regulations concerning the criminal register.

1. The Canton of Schaffhausen consists of no more than four debt enforcement districts, each with a debt enforcement office. This office is located at the district headquarters.

2. The government council, after consulting with the superior court, establishes the districts, determines their main locations, and assigns the individual municipalities to them.

3. The debt enforcement offices consist of a debt enforcement officer and the necessary additional personnel. The deputy of the debt enforcement officer may be an internal staff member or the debt enforcement officer from another district.

4. The district headquarters are required to provide suitable office premises and necessary archive spaces for the debt enforcement offices, as well as to supply, at their own expense, the necessary furnishings, heating, and lighting. The canton provides the office equipment and office supplies.

1. There is a bankruptcy office for the entire canton area.

2. It consists of a bankruptcy officer, a deputy, and the necessary additional staff.

1. Employees of the debt collection offices and the bankruptcy office may neither be owners nor employees of a business agency or a money business, nor members of the board of directors or management board of financial institutions.

1. Insofar as the Federal Act on Debt Collection and Bankruptcy does not specify otherwise, liability for the activities of the bodies mentioned in its Article 5 is governed by the cantonal liability law.

1. Professional representation of parties in debt enforcement and bankruptcy matters does not require a permit.

2. The Superior Court may prohibit a person from engaging in representative activities if they lack professional ability or integrity, particularly due to

a) criminal conviction for actions incompatible with representative activities

b) unsuccessful seizures or bankruptcy

c) repeated frivolous or reckless complaints

3. The provisions regarding representation in judicial proceedings remain reserved.

1. Depository Institution within the Meaning of Art. 24 of the Federal Act on Debt Collection and Bankruptcy is the Schaffhausen Cantonal Bank.

1. The Articles 404-407 of the Swiss Code of Civil Procedure apply mutatis mutandis to the notarization and administrative procedure.

1. For pending proceedings at the time these provisions come into force, the new law shall apply.

1. This law is subject to the referendum.

2. The government council determines the commencement.

3. The law shall be published in the official gazette and included in the cantonal law collection.