Act on the Introduction of the Swiss Criminal Code (StGB) - Scope of Application (STGB)

1. The following provisions apply to the offense and administrative criminal law, as well as procedural law reserved to the canton pursuant to Article 335 of the Swiss Criminal Code (StGB), insofar as a special law does not establish provisions itself.

1. Offenses and penalties set forth in cantonal laws and ordinances shall remain in effect, insofar as they are compatible with this law and with the Swiss Criminal Code (StGB).

1. The general provisions of the Criminal Code (Art. 1-110) also apply to the criminal law reserved for the canton, subject to the following amendments.

1. Offenses punishable under cantonal law are subject to penalties even if committed through negligence, unless the intention of the regulation is to only penalize deliberate conduct.

1. Where cantonal law refers to provisions that are repealed by the Swiss Criminal Code (StGB), such references shall be construed as referring to the corresponding provisions of the StGB.

1. Infringements of mandates and prohibitions in laws and regulations that are not explicitly threatened with penalties may be penalized and punished by the administrative authorities within the scope of their subject-matter jurisdiction.

1. Whoever convenes or conducts assemblies or demonstrations on public grounds without the necessary official authorization shall be punished with a fine.

1. Whoever violates the official stipulations and orders imposed in the interest of public order and safety at public assemblies, demonstrations, and other gatherings on public grounds shall be punished with a fine.

2. Whoever carries weapons or objects that are suitable to endanger people or damage property at public assemblies, demonstrations, and other gatherings shall be punished with a fine.

3. These objects and weapons are to be secured, subject to further measures in accordance with federal legislation, at least for the duration of the danger. They may be confiscated.

4. Offenders can be taken into police custody, from which they must be released as soon as the threat of further disturbances has passed, but no later than 24 hours.

**1. Anyone who conceals their identity by masking themselves at assemblies, demonstrations, or other gatherings requiring a permit on public grounds shall be punished with a fine. Exceptions may be granted in justified cases. Carnival and other traditional, folkloric events are not subject to this prohibition.**

**2. The police may at their discretion choose not to enforce the prohibition if it appears warranted for tactical reasons, particularly to prevent an escalation.**

**3. Offenders may be taken into police custody, from which they must be released as soon as the threat of further disturbances has subsided, but no later than after 24 hours.**

**4. Items used for masking can be confiscated.**

1. The police may observe individuals and record them and their statements in connection with public events and demonstrations if there are clear indications that criminal acts may occur.

2. Recordings that are no longer needed for criminal or administrative proceedings must be deleted no later than 30 days after their recording. Exempt from this are anonymized recordings that do not allow conclusions to be drawn about individual persons.

1. Whoever unlawfully removes a movable object belonging to another without the intention of appropriation, and without the elements of wrongful appropriation, theft, or misappropriation being fulfilled, shall be punished with a fine upon complaint.

1. Anyone who keeps a wild or vicious animal and does not properly confine it shall be punished with a fine.

2. Anyone who, by provoking or scaring animals, causes a danger to people, animals, or property shall be punished with a fine.

1. Anyone who disturbs the nighttime peace with noise, singing, or music, or excessively annoys the neighborhood during the day, shall be punished with a fine.

1. Whoever, out of malice or wantonness, harms or excessively inconveniences others through noxious or foul-smelling fumes, dust, smoke, and soot shall be punished with a fine.

1. Anyone who, out of malice or wantonness, abuses technical devices (such as bells, loudspeakers, spotlights, etc.) to annoy or disturb others shall be punished with a fine.

**1. Whoever disrupts, obstructs, or impedes police actions shall be punished with a fine.**

**2. In particular, anyone who does not comply with police orders, refuses to provide their name and address, or provides false information about these, shall be punished with a fine.**

1. Whoever exercises a public authority without being authorized to do so, or whoever, bypassing official assistance, seeks to assert or secure a real or perceived right on their own initiative, shall be punished with a fine.

1. Anyone who removes, tears down, defaces, or soils official notices posted publicly or posters affixed with official approval shall be punished with a fine.

1. Whoever orders official stamps without being authorized, or whoever, even though the authorization of the orderer is doubtful or the purpose is suspicious, manufactures or supplies official or company stamps, shall be punished with a fine.

1. Anyone who culpably violates orders, warnings, and prohibitions of general binding effect that have been lawfully issued by the competent cantonal and municipal authorities under the threat of penalty shall be punished with a fine.

**1. Municipalities are authorized to establish additional offenses subject to penalties (police regulations). These enactments require the approval of the government council to be valid.**

1. The prosecution and adjudication of all criminal acts falling under the jurisdiction of the authorities of the Canton of Schaffhausen are governed by the provisions of the Swiss Criminal Procedure Code (StPO), the Swiss Juvenile Criminal Procedure Code (JStPO), and the Justice Act (JG).

2. Subject to these are the special provisions of the Tax Act and the following provisions.

1. Violations punishable by law in cantonal statutes and decrees shall be determined by the competent department of the government council. They may be sanctioned with a fine.

2. The competent department of the government council is the one under whose supervision the applicable law falls. For the conversion of an irrecoverable fine into a substitute custodial sentence, the single judge of the cantonal court is responsible.

3. Exceptions are the offenses listed in Articles 10-13 and 19-24 of this law, as well as the cases reserved for the municipal authorities pursuant to Article 28 paragraph 1.

1. The municipal authorities are responsible for sanctioning violations of Articles 14-18 of this law, the municipal regulations, and those laws and ordinances whose enforcement is entrusted to municipal bodies, unless another authority is declared competent by special provisions.

2. The penalty authority of the municipality is limited to fines up to CHF 1,000.00.

3. The conversion of an uncollectible fine into a substitute custodial sentence falls within the jurisdiction of the single judge of the cantonal court.

1. The Cantonal Council may, by decree, authorize the administrative authorities to ascertain and adjudicate additional offenses of an administrative nature, provided that in individual cases, only a fine which is not to be recorded in the Swiss Central Criminal Register is considered.

1. In the event of an infraction that falls under the jurisdiction of an administrative authority according to the aforementioned provisions, the responsible department or the municipal council, or the municipal authority designated by the council, shall issue a penalty order.

2. The governing council and the municipalities designate persons who may conduct witness examinations pursuant to Article 177 of the Swiss Criminal Procedure Code (StPO). Provisions regarding seizure (Articles 263-268 StPO) and search (Articles 241-250 StPO) can be applied accordingly; such orders may be contested by filing an administrative court appeal with the High Court.

3. Moreover, the procedure is governed by the Act on Legal Protection in Administrative Matters, excluding the provisions of the Criminal Procedure Code. In administrative court appeal proceedings, the appropriateness of the penalty may also be reviewed.

4. If an administrative authority competent under Article 27 or Article 28 deems a penalty exceeding its jurisdiction necessary, or if there is a close factual connection between a cantonal and a federal criminal offense, it shall refer the case to the public prosecutor with a corresponding request, who shall conduct the ordinary misdemeanor proceedings. The administrative authority shall have party rights in this process.

1. The government council may, by regulation, authorize the police authorities to collect a fixed fine amount on the spot against receipt for certain minor offenses, provided that the accused submits to this procedure. The maximum limit of the fine corresponds to that of the Ordinance on Penalties of March 18, 2016 (SR 741.1).

2. Objection and remedies are excluded in these cases. Costs are not imposed.

3. Immediate collection of fines is not permissible if a higher penalty is considered or if the case is unclear in terms of facts or law.

1. This law shall enter into force on January 1, 1942, following adoption by the people and approval by the Federal Council.

2. All provisions of cantonal laws and other decrees that contradict this law are hereby repealed.

3. Specifically repealed are

a) the Criminal Code of April 3, 1859

b) the Criminal Code Amendment of August 23, 1915

c) Articles 268 and 274 letter b of the Code of Criminal Procedure

d) Articles 32-36 of the Introductory Act to the Debt Collection and Bankruptcy Act (SchKG)

e) Article 69 paragraph 1 of the Municipal Act

f) the Ordinance on the Police Jurisdiction of District Courts of February 26, 1892, and its amendment of June 17, 1899