CH-SO
Act on the Organisation of the Courts (GO) - Exercise of Jurisdiction (GO)
Table of Provisions (128)
Statutory Text (128 Articles)
1. The jurisdiction in civil, criminal, and administrative matters is exercised by the judicial authorities mentioned in this law.
2. Subject to further judicial authorities provided for in special decrees, and the activities of the police pursuant to the Federal Act on Administrative Fines in Road Traffic.
1. The language of the proceedings is German.
1. The imposition of administrative fines, which the cantons are authorized to conduct under federal legislation, falls under the jurisdiction of the cantonal police and the municipal police forces.
2. The Council of State is authorized to delegate this task to other police forces.
1. The Government Council may, by regulation, authorize police authorities to impose fines on the spot for minor infractions of cantonal law, provided that the offender agrees; the Government Council shall designate the infraction circumstances and establish the tariff.
1. In each municipality, a justice of the peace shall be elected. If a ballot vote is provided for, the procedure shall follow § 70 paragraph 1 of the Law on Political Rights (GpR) of September 22, 1996.
2. The deputy of the justice of the peace is the president of the municipal council of the municipality, secondly the vice president of the municipal council, and thereafter the longest-serving member of the municipal council.
3. The municipalities may establish different regulations for representation within the municipality.
3bis. Two or more municipalities may form a justice of the peace district through a public-law contract. In this case, a single justice of the peace is responsible for all municipalities within the district. The contract is subject to approval by the Court Administration Commission.
4. ...
1. The Justice of the Peace is the competent conciliation authority pursuant to Article 197 of the Swiss Code of Civil Procedure (CPC), provided that both or all parties reside or have their registered office in the same municipality.
2. A conciliation procedure before the Justice of the Peace does not take place
a)* ...
b) when the state or a municipality is a party;
c) for actions pursuant to Articles 961 and 975 of the Swiss Civil Code (ZCC);
d) for disputes arising from the lease and tenancy of residential and commercial premises and from agricultural leases;
e) for disputes under the Gender Equality Act of March 24, 1995.
f)* for claims concerning support obligations;
3. It adjudicates further cases assigned to it by law.
2. The Justice of the Peace penalizes violations of the municipal criminal law by issuing penal orders and can impose fines up to a maximum amount of 300 Swiss Francs as well as substitute custodial sentences (Art. 106 para. 2 of the Swiss Criminal Code (SCC) of December 21, 1937) for up to 5 days.
1. For each district, the eligible voters elect a district court president.
2. The cantonal council may decide that for districts with particularly high workloads, 2 or more district court presidents are to be elected. At the same time, it determines the total percentage of positions for all district court presidents of the district. The district court presidents can represent each other.
3. The district court president can be represented not only by deputies but also by a district judge.
1. The employment level of the district court president is at least 60 percent.
2. The court administration commission may approve changes to the employment level during the term of office at the request of the district court president, provided there are sufficient reasons, the employment level is at least 60 percent, and the total percentage of all positions of district court presidents in the district is not exceeded.
1. The President of the District Court is the judge responsible for civil matters according to § 7 of the Introductory Act to the Swiss Code of Civil Procedure (EG ZPO).
1. The President of the District Court is the conciliation authority in all disputes that are not expressly assigned to another body, according to the provisions of the Code of Civil Procedure.
2. He decides as a single judge
a) in civil cases that are decided in simplified proceedings;
b) all legal matters of summary proceedings, subject to differing jurisdictional regulations;
c) in divorce proceedings and in proceedings for the dissolution of registered partnerships;
d) arbitration matters pursuant to Article 356 paragraph 2 of the Code of Civil Procedure in those cases where the seat of the arbitration court is located within his local jurisdiction;
e) all enforcement and legal assistance matters, subject to direct enforcement according to Article 236 paragraph 3 of the Code of Civil Procedure.
1. The District Court President acts as a Judge for Criminal Matters
a)* ...
b)* Appeals against penal orders issued by public prosecutors, investigative officers of the public prosecution, justices of the peace, and other authorities;
bbis)* ...
c)* All crimes and misdemeanors, as well as related infractions, provided that the public prosecutor requests in the indictment either a fine or a custodial sentence of no more than 18 months, as well as a measure, with the exception of those under Articles 59, 60, 61, 64, and 65 of the Criminal Code (StGB). The District Court President also considers indictments against companies under Article 102 StGB, if, besides the company, a natural person is indicted under Article 112 paragraph 4 of the Swiss Criminal Procedure Code (StPO) of October 5, 2007, for whom the public prosecutor requests one of the aforementioned sanctions;
cbis* Applications by the enforcement authority pursuant to § 7 paragraph 1 of the Law on the Enforcement of Sentences (JUVG) of November 13, 2013, for the repeal of measures according to Article 63 StGB and simultaneous decisions on the legal consequences that do not fall within the competence of the District Court.
d)* ...
2. If the District Court President refers the case to the District Court in application of Article 334 of the Swiss Criminal Procedure Code (StPO), he shall recuse himself from the proceedings before the District Court, unless the accused person explicitly waives this right.
3. ...
1. For each district, a district court is appointed, consisting of a president and two members. Two substitute judges are assigned to the court.
2. The eligible voters of each district elect two district judges and two substitute judges.
3. The cantonal council may decide for districts with particularly large workloads that four district judges are to be elected.
4. Extraordinary substitute judges are the justices of the peace from the municipalities of the respective district.
1. The district court adjudicates as a civil court in a panel of three all civil matters for which no other court has jurisdiction.
1. The District Court acts as a criminal court in a panel of three judges for all crimes and offenses for which no other judicial authority is competent. It also judges charges against companies according to Article 102 of the Swiss Criminal Code, if, in addition to the company, a natural person is charged under Article 112 Paragraph 4 of the Swiss Code of Criminal Procedure of October 5, 2007, for whom the prosecutor requests a sanction, the imposition of which does not fall under the jurisdiction of the District Court President.
2. ...
3. The District Court judges applications from the enforcement authority pursuant to § 7 Paragraph 1 of the Youth Criminal Law Act for the revocation of measures according to Articles 59, 60, 61, and 63 of the Swiss Criminal Code and simultaneous decision about the legal consequences. Reserved are the powers of the District Court President pursuant to § 12 Paragraph 1 letter cbis.
1. The Cantonal Council elects the President of the Juvenile Court and his deputy from among the Presidents of the District Courts. It also elects one member and one substitute member of the Juvenile Court from each district.
2. The Presidents of the District Courts must accept the election for the duration of a term of office. The Supreme Court may exempt from the obligation to serve for important reasons.
3. The Juvenile Court is administratively affiliated with a District Court.
4. The Juvenile Court acts in a panel of three. Whenever possible, a juvenile judge from the same district as the juvenile to be judged should participate.
5. When adjudicating offenses against sexual integrity, the Juvenile Court is composed of members of both genders.
1. The Juvenile Court President adjudicates appeals against penal orders issued by the Juvenile Prosecutor's Office, which pertain to infractions.
2. The Juvenile Court renders decisions as the first instance for all cases against juveniles for which the Juvenile Court President is not competent.
1. The Cantonal Council elects the chief detention judge and at most 2 additional detention judges. It also determines the total percentage of their positions. The detention judges simultaneously act as deputies of the district court presidents.
2. The detention judges mutually represent each other. Extraordinary detention judges are the district court presidents.
3. ...
4. The Higher Court regulates the organization and the management by ordinance.
1. The custodial judge performs the duties assigned to the coercive measures court by the Swiss Code of Criminal Procedure and the Swiss Juvenile Criminal Procedure Code.
2. ...
3. He makes further procedural decisions assigned to him by law or by ordinance of the Cantonal Council.
1. The Supreme Court comprises 9-12 judicial positions.
1bis. The Cantonal Council elects the judges of the Supreme Court. After consulting the Supreme Court, it can divide vacant positions into part-time positions with an employment rate of at least 50 percent. The majority of all judges of the Supreme Court must be employed full-time.
2. The Cantonal Council elects a maximum of 5 substitute judges. Additional substitute judges are the substitute judges of the Administrative and Insurance Courts.
3. Extraordinary substitute judges are the District Court Presidents.
1. The higher court sits as a full court or in panels of three.
2. It appoints from among its members the following three-member chambers
a) Civil Chamber;
b) Criminal Chamber;
c)* ...
d)* ...
e) Debt Enforcement and Bankruptcy Chamber;
f)* Appeals Chamber.
3. The chambers are appointed for a duration of 2 years.
1. The Cantonal Council elects the President and the Vice-President of the Supreme Court for a term of 4 years upon the proposal of the full court. Re-election is permissible.
2. The Presidents of the chambers are elected by the full court for a term of 2 years.
1. The plenary court annually appoints the reporting judges for the supervision of various branches of judicial administration and for the publication of significant decisions.
1. The Higher Court organizes its administration in a regulation.
1. The President of the Higher Court presides over the full court and, as a rule, in the chamber to which he belongs.
2. In the event of a tie vote, the vote of the chairperson counts twice. In elections, if there is a tie, the decision is made by drawing lots.
1. The Full Court consists of the full-time and part-time judges according to § 23, paragraph 1bis. It has the following competencies
a) Issuance of regulations, insofar as they are assigned to the Superior Court by legislation;
b) Issuance of rules and instructions;
c) Determination of the accountability report for the attention of the Cantonal Council;
d)* Elections to the Chambers;
dbis)* Allocation of judges to the Administrative Court and the Insurance Court;
dter)* Assessment of requests for changes in the workload of judges during the term of office, provided that sufficient reasons and the prerequisites according to § 23, paragraph 1bis (sentences 2 and 3) exist, and that the total percentage of positions is not to be altered;
e) Assessment of fundamental legal issues in pending cases. The responsible chamber is bound by the plenary decision;
f) Assignment of matters that are transferred to the judge by legislation for decision without indication of the competent judicial instance;
g) Handling of complaints against members, court clerks, and court staff of the Superior Court;
h)* Exercise of supervisory function according to § 105 ff.
2. Judges elected for a part-time position have full voting rights.
1. The Civil Chamber adjudicates
a) civil matters referred through legal remedies;
b) disputes pursuant to Article 5 of the Code of Civil Procedure (CCP);
c) direct claims pursuant to Article 8 CCP;
d) arbitration matters pursuant to Article 356 paragraph 1 CCP;
e) appeals against decisions of the cantonal commercial registry office pursuant to Article 165 of the Commercial Registry Ordinance[15].
f)* appeals against decisions of the land registry offices pursuant to Articles 956a-b of the Civil Code (CC);
g)* appeals against decisions of the district notary pursuant to §§ 224 and 225 of the Introduction to the Civil Code (EG CC)[16] as well as appeals against decisions of the district court president pursuant to § 225bis EG CC[17].
2. In the cases of paragraph 1 letters b and c, the president of the Civil Chamber is also responsible for ordering provisional measures before a lawsuit becomes pending and for provisional taking of evidence (Art. 158 CCP). In these cases, he acts as a conciliation authority if a conciliation request is submitted.
3. In the case of paragraph 1 letter c, the Civil Chamber may decline its jurisdiction if an international context is present and the domestic connection is minor (Art. 5 para. 3 letter c of the Federal Act on Private International Law [PILA] of December 18, 1987[18]). Superior law remains reserved.
1. The Criminal Chamber adjudicates criminal cases that, in accordance with the Swiss Code of Criminal Procedure and the Swiss Juvenile Criminal Procedure Code, can be appealed to the Appellate Court through the legal remedies of appeal or revision.
1. The Debt Enforcement and Bankruptcy Chamber is the cantonal supervisory authority within the meaning of Article 13 of the Federal Act on Debt Enforcement and Bankruptcy (DEBA).
1. The Appeals Chamber assesses
a) Appeals that fall within the jurisdiction of the appellate authority in accordance with the Swiss Criminal Procedure Code and the Swiss Juvenile Criminal Procedure Code;
b) Appeals pursuant to § 3 paragraph 1 of the Introductory Act to the Federal Act on Extraprocedural Witness Protection (EG ZeugSG) of December 16, 2015[19].
1. The conduct of proceedings is the responsibility of the chamber presidents.
2. The chamber presidents may appoint an examining judge from among the members of the court. It is the duty of the examining judge to issue evidentiary orders and to undertake other procedural measures until the rendering of the judgment.
1. A conciliation authority for the equality of women and men shall be established for the entire canton, consisting of a president and 2 additional members.
2. The president shall be the head of the Oberamt Region Solothurn. The government council shall appoint one woman and one man as additional members. For the president and each additional member, a substitute shall be appointed.
3. The additional members shall equally represent the employers' and employees' sides.
1. The Superior Office of the Solothurn Region manages the secretariat and record-keeping, and undertakes the legal advisory tasks pursuant to Article 201, paragraph 2 of the Swiss Civil Procedure Code (ZPO).
1. A conciliation authority for tenancy and lease matters shall be appointed for each district.
2. This authority consists of the following three members
a) the head of the district office as president;
b) a representative of the landlords;
c) a representative of the tenants.
3. A substitute shall be appointed for each member. In districts with particularly large caseloads, additional substitutes may be elected.
4. The members mentioned in paragraph 2, letters b and c, and in paragraph 3, as well as the substitutes, shall be elected by the government council for the duration of their term of office.
1. The Chief Office handles the secretariat and record-keeping and performs legal advisory duties in accordance with Article 201 paragraph 2 of the Code of Civil Procedure (ZPO).
1. The mediation authority is competent in disputes arising from the rental and lease of residential and commercial premises as well as from agricultural leases.
1. The cantonal conciliation authority is responsible for disputes under the Equality Act in the area of private law employment relationships.
**1. The Higher Court assigns the judges to the Administrative Court for the duration of a term of office. The Administrative Court constitutes itself.**
2. The Cantonal Council elects 2 substitute judges.
3. Additional substitute judges for the Administrative Court are the remaining higher court judges and the substitute judges of the Higher and Insurance Court.
4. The Administrative Court convenes in panels of three judges, and for the assessment of fundamental legal questions, in panels of five judges.
5. ...
1. The Administrative Court has jurisdiction as the sole instance over
a)* disputes of a financial nature under public law between the state and municipalities, between municipalities, as well as between private individuals or public officials on one side and the state and municipalities on the other;
b)* disputes arising from public law contracts, except for disputes arising from public law employment contracts under § 18 of the State Personnel Act, provided they are not of a financial nature;
bbis)* disputes between the concessionaire and the concession authority concerning rights and obligations arising from the concession;
c) claims for damages and recourse against the state and its officials within the framework of federal liability provisions;
cbis)* claims for damages against clients according to Article 58 paragraph 4 of the Inter-Cantonal Agreement on Public Procurement (IVöB) of November 15, 2019, if they are not resolved in the appeals procedure according to Article 58 paragraph 3 IVöB;
d) the restitution of expropriated rights and related deadline extensions.
2. Equivalent to municipalities are other public-law corporations and institutions, including municipal associations.
1. The Administrative Court adjudicates appeals against orders and decisions in administrative matters from cantonal and municipal authorities, for which no other ordinary cantonal legal remedy or appeal to the Federal Administrative Court is provided, and which do not originate from another higher court.
2. It also adjudicates appeals against orders and decisions of the Cantonal Valuation Commission and its President.
3. In matters of elections and votes, appeals may be lodged with the Administrative Court in accordance with the Law on Political Rights.
4. In municipal matters, appeals may be lodged with the Administrative Court in accordance with the Municipal Law.
1. The administrative court appeal is not admissible against orders and decisions of the Cantonal Council, except those pertaining to disciplinary measures and the termination of employment relationships.
2. The administrative court appeal is not admissible against orders and decisions of the Government Council regarding
a) Pardons;
b) Elections of authorities;
c) Supervision of authorities;
d) Public transportation;
e) Contributions for which there is no legal entitlement;
f) Formation of school districts.
3. The administrative court appeal is not admissible against orders and decisions of the Court Administration Commission concerning the supervision of courts.
4. It is also not admissible against enactments and against orders and decisions concerning the approval of enactments and - particularly contracts made between municipalities.
1. The President of the Administrative Court shall decide as a single judge on non-admission of clearly late or otherwise inadmissible submissions, as well as on the discontinuation of proceedings, when no judgment or decision on non-admission is to be rendered.
1. The Higher Court assigns judges to the Insurance Court for the duration of a term of office. The court constitutes itself and sits in a panel of three.
2. The Cantonal Council elects 2 substitute judges.
3. Additional substitute judges are the remaining members of the Higher Court, as well as the substitute judges of the Higher and Administrative Courts.
1. The Insurance Court adjudicates all disputes in social insurance matters, including occupational pension schemes, within the framework of federal and cantonal legislation.
2. The jurisdiction of arbitration courts is reserved.
1. The President of the Insurance Court decides as a single judge on
a)* disputes under § 54 with a contested amount up to a maximum of 30,000 Swiss Francs; subject to paragraph 3;
abis)* appeals against interim orders;
b) non-admission of obviously late or otherwise inadmissible submissions as well as the dismissal of a proceeding when no judgment or decision of non-admission is to be made;
c) appeals that prove to be obviously well-founded or unfounded;
d) appeals against penalty orders under the AHV legislation.
2. The President may assign cases of fundamental importance to the full court.
3. The full court adjudicates all disputes under the legislation on family allowances[25], claims pursuant to Article 52 of the Federal Act on Old-Age and Survivors Insurance (AHVG) of 20 December 1946[26], and lawsuits against the State Pension Fund.
1. The Cantonal Council regulates the procedure before the Insurance Court by means of an ordinance.
2. It determines the organization and procedure of the arbitration courts.
1. The Cantonal Tax Court consists of 5 members and 5 substitute judges.
2. The Cantonal Council elects the members and the substitute judges. It elects the President and Vice-President from among the members.
3. The Tax Court convenes with a panel of three judges, and for the assessment of fundamental legal questions, with a panel of five judges.
1. The Cantonal Tax Court adjudicates complaints and appeals against decisions concerning public-law contributions to the Federation, the Canton, and municipalities, in particular
a) regarding direct cantonal and municipal taxes;
b)* regarding property transfer tax, estate fees, inheritance and gift taxes, ticket tax, dog tax, motor vehicle tax, and fire service replacement levy;
c)* regarding direct federal tax, military service exemption levy, withholding tax, and job creation reserves.
d)* ...
2. ...
3. Exempted are fee and cost decisions of the Cantonal Council, the Executive Council, and the courts, as well as decisions concerning concession fees.
3bis ...
4. Insofar as the Executive Council was previously the deciding authority, the competent department must issue the appealable decision.
1. The Cantonal Tax Court organizes its administration in a regulation.
1. The Cantonal Assessment Commission consists of 3 members and 3 substitute members.
2. The Cantonal Council elects the members and the substitute members. It elects the president and the vice president from among the members.
3. The Assessment Commission meets with a panel of three.
1. The Cantonal Assessment Commission adjudicates on
a) Compensation for expropriations and public law restrictions on property rights;
b) Contributions and fees of landowners for public facilities;
c) ...
d) Compensation and balancing payments pursuant to § 5 of the Forest Law of January 29, 1995;
e) Other matters designated by law or decision of the Cantonal Council.
2. The President acts as a single judge in disputes with a contested amount of up to 6,000 Swiss Francs.
1. The Cantonal Estimation Commission organizes its management in a regulation.
1. If additional specialized administrative judicial authorities are established by legislation, their organization shall be determined by ordinance of the Cantonal Council.
2. The Supreme Court is authorized to regulate the details through directives.
1. The Court Administration Commission consists of the President of the High Court, a High Court Judge, and a District Court President.
2. The Cantonal Council elects, upon recommendation of the High Court, one member and their deputy from among the High Court Judges and the District Court Presidents.
3. The term of office for the elected members is four years. Re-election is permitted.
1. The courts shall keep their records organized and secure in court archives for 30 years after they become legally binding and subsequently offer them to the State Archives for transfer.
2. The Government Council shall regulate the details by ordinance. It may in particular establish differing retention periods for specific categories of records and determine which records the courts may destroy.
3. Unless otherwise specified, the archiving legislation shall apply. Superior law, in particular concerning retention periods, shall remain reserved.
1. The specialized courts, the juvenile court, and the custodial judges manage their own administration, insofar as other bodies are not responsible.
1. The Judicial Administration Commission is responsible for court administration. It is specifically responsible for
a) Exercising the supervisory function in accordance with §§ 105 ff;
b) Approving the procedural rules of the courts;
c) Approving the budget proposal, the account, and the report of the courts for the Cantonal Council;
d) Employment decisions that are assigned to it by this law;
e) Removal of executive district court judges if important reasons necessitate it;
f) Conducting disciplinary proceedings according to the Liability Act;
g)* Approval of resignations according to the Law on State Personnel (State Personnel Act, StPG) of September 27, 1992.
2. The Judicial Administration Commission is regarded as the superior authority for relieving court personnel from official secrecy (Art. 320 No. 2 Swiss Penal Code, § 38 Law on State Personnel).
1. The Court Administration Commission is assigned a court administrator.
2. He is appointed by the Court Administration Commission upon the request of the Superior Court.
3. The court administrator has the following competencies in particular
a) Preparation of the business of the Court Administration Commission and management of its secretariat;
b) Preparation of the budget proposal and the accounts of the courts;
c) Management of the accounting, including the Central Court Treasury;
d) Management of the budgetary credits;
e) Authorization of credits for the employment of temporary staff (court clerks, administrative personnel);
f) Completion of further tasks assigned to him by regulation or by the Court Administration Commission.
1. The presidents of local courts and the court clerks of each judicial office elect a presiding president of the local courts from among the presidents of the local courts.
2. In judicial offices with only one court clerk, the presidents of the local courts, the court clerk, and the judicial clerks elect a presiding president of the local courts from among the presidents of the local courts.
3. The term of office is four years. Reelection is permitted.
4. The presiding president of the local courts manages the administration of the judicial office.
5. He or she is specifically responsible for
a) the allocation of resources to the departments;
b) interdepartmental matters;
c) representing the judicial office externally.
1. Judges' Offices Organize Their Structure and Administration in a Regulation.
1. The President of the Higher Court presides over the Court Administration Commission. In the event of his/her incapacity, he/she is represented by the Vice President of the Higher Court.
2. The Court Administration Commission decides by majority vote. Members are obliged to cast their vote.
3. Resolutions of the Court Administration Commission are valid if all members or their deputies participate in the meeting or the circulation procedure. If the deputy of a member is unable to attend, the deputy of another member must take part in his/her place.
1. The Court Administration Commission appoints up to two court clerks for each judicial office, as well as their deputies and the other court clerks.
1. Juvenile Court Clerk is the clerk of the district court over which the Juvenile Court President presides; he is represented by the deputy of the district court clerk.
1. The Court Administration Commission appoints one or more detention court clerks.
2. Extraordinary detention court clerks are the district court clerks.
3. In exceptional cases, the detention court secretary may keep the record of court proceedings in place of the detention court clerks.
1. The Court Administration Commission appoints the Chief Clerk of the Court, the Deputy Chief Clerk, and the other clerks of the Court of Appeal.
1. The clerks of the High Court maintain the minutes of the Administrative Court and the Insurance Court.
1. The Judicial Administration Commission appoints the Secretary of the Cantonal Tax Court and their deputy.
1. The Court Administration Commission appoints the clerk of the Cantonal Valuation Commission and their deputy.
1. The Court Administration Commission employs the clerical staff.
1. The cantonal council elects a Chief Public Prosecutor and his/her deputy.
2. If the Chief Public Prosecutor and his/her deputy are unable to perform their duties, a senior public prosecutor shall act as deputy.
1. The Chief Public Prosecutor is responsible for the uniform enforcement of the state's right to prosecute in the canton. He is not bound by instructions in this regard.
2. The Chief Public Prosecutor leads the Public Prosecutor's Office. He has the authority to issue general directives to prosecutors and specific instructions regarding the conduct of individual criminal investigations.
3. The Chief Public Prosecutor has the same powers as the prosecutors. He can at any time take over investigations pending with a prosecutor or an investigative officer or assign them to other prosecutors or investigative officers.
4. The Chief Public Prosecutor represents the prosecution in accordance with the law before the Supreme Court and federal instances. He can delegate this task to a prosecutor.
1. The chief public prosecutor conducts the jurisdictional hearings in disputed cases.
2. He can delegate this responsibility to a public prosecutor.
1. The cantonal council determines the number of public prosecutors and appoints them.
2. The public prosecutors represent one another mutually.
3. The government council regulates the organization and administration of the public prosecutor's office. It may designate chief public prosecutors to manage individual departments of the public prosecutor's office.
1. The prosecutor exercises the duties and powers assigned to the prosecutor by the Swiss Code of Criminal Procedure. The competences of other authorities, such as those of the justice of the peace under § 6, of the investigating officers under § 76, and those of the juvenile prosecutor under § 83, remain reserved.
4. The Public Prosecutor's Office accepts applications from administrative and other authorities for the determination of substitute custodial sentences for fines and monetary penalties (Art. 36 para. 2 and 106 para. 5 SCC). The prosecutor handles such applications in accordance with the duties and powers assigned to him by the Swiss Code of Criminal Procedure. The local jurisdiction is determined mutatis mutandis according to Article 22 paragraph 1 of the Federal Act on Administrative Penal Law of March 22, 1974.
1. The governing council determines the number of investigative officers in the public prosecutor's office and appoints them.
2. In criminal investigations concerning misdemeanors, the investigative officer has the same powers as the public prosecutor. He can initiate, conduct, and conclude the investigation.
3. In preliminary proceedings for felonies or crimes, the public prosecutor may assign the investigative officer to conduct interrogations, issue corresponding summonses, procure files, and obtain reports. The investigative officer then has the same powers as the public prosecutor. However, the decision not to pursue, initiate, suspend, or dismiss the proceedings, implement further coercive measures, issue penalty orders, and bring charges remain reserved for the public prosecutor.
1. The cantonal council elects the chief and the additional juvenile attorneys.
2. The juvenile attorneys represent each other mutually.
3. The chief juvenile attorney leads the juvenile prosecution office. In juvenile criminal proceedings, he has the same competencies as the senior public prosecutor (§§ 72 and 73). The government council regulates the organization and management of the juvenile prosecution office.
1. The Youth Advocate exercises the duties and powers assigned to the investigative authority by the Swiss Juvenile Criminal Procedure Code.
1. The youth attorney enforces the protective measures and custodial sentences imposed on juveniles and makes all decisions regarding juveniles that are assigned to the enforcement authority or the competent authority under the Juvenile Criminal Law.
2. The traffic education ordered by the youth attorney is enforced by the cantonal police and the municipal police forces. The police order and enforce traffic education for young juveniles who have committed violations of the road traffic legislation, as listed on the schedule of fines; however, reporting young juveniles who do not undergo traffic education to the youth attorney remains reserved.
1. The government council determines the number of investigative officers in the juvenile prosecutor's office and appoints them.
2. In cases of violations, the investigative officer has the same powers as the juvenile prosecutor.
3. ...
1. Term of Office for Officials and Authorities Pursuant to this Law
The term of office for officials and authorities according to this law commences on August 1 following the cantonal and government council elections and concludes four years later on July 31.
1. For the employment of other legal and non-legal personnel of the courts, the public prosecutor's office, and the juvenile prosecutor's office, the general personnel law applies, insofar as this law contains no specific provisions.
1. The official seat for justices of the peace is the electoral municipality.
2. The official seat for district court presidents and district courts is for the districts
a) Solothurn-Lebern: Solothurn;
b) Bucheggberg-Wasseramt: Solothurn;
c) Thal-Gäu: Balsthal;
d) Olten-Gösgen: Olten;
e) Dorneck-Thierstein: Dornach.
3. The official seat for the Supreme Court, the Administrative Court, the Insurance Court, the Cantonal Tax Court, the Cantonal Valuation Commission, the Public Prosecutor's Office, the Custodial Judge, and the Youth Prosecutor's Office is Solothurn. The official seat for the Juvenile Court is the official seat of the district court to which it is administratively attached.
4. The Government Council may determine branch offices outside the official seat.
1. Eligible for election are
a) as Justices of the Peace, the residents of the municipality with voting rights;
b)* as members of the District and Juvenile Courts, the residents of the district with voting rights;
c)* as members of the Cantonal Tax Court and the Cantonal Valuation Commission, the residents of the canton with voting rights.
1. Requirement for Election for Senior Judges, Substitute Judges of the High Court and the Administrative Court, Insurance Judges and Substitute Judges of the Insurance Court, District Court President, Chief Public Prosecutor and Deputy, Secretary of the Cantonal Tax Court, as well as for Investigative Judges is the attorney's license of a Swiss canton and Swiss citizenship.
2. Requirement for Election for the Public Prosecutor is the attorney's license of a Swiss canton and Swiss citizenship. In exceptional cases, a legal or other relevant education completed at a Swiss university is sufficient.
3. ...
1. Requirement for Election of the Juvenile Attorney is a legal education completed at a Swiss university, as well as pedagogical and psychological knowledge.
1. Eligibility Requirement for the Election of the High Court Clerk, the Clerks of the High Court, the District Court Clerks and their Deputies, the Detention Court Clerk and their Deputies, as well as for the Registrar of the Cantonal Valuation Commission and their Deputy, is a legal education completed at a Swiss university.
2. Eligibility Requirement for the Election of the Investigative Officers of the Public Prosecutor's Office and the Juvenile Prosecutor's Office is a legal education completed at a Swiss university or an equivalent specialized education.
3. ...
1. For the engagement in secondary employment, full-time and part-time judges require approval from the Court Administration Commission.
2. The secondary employment must not impair the fulfillment of official duties, independence, or the reputation of the court. Specifically excluded is the professional representation of third parties in court. Also excluded are other full-time occupational activities, unless the law explicitly provides for an exception or the Court Administration Commission grants an exception if the employment is clearly compatible with judicial office.
3. Part-time judges may not represent third parties before the court where they serve as judges. Judges at the Cantonal Tax Court are also prohibited from representing third parties in objection and appeal proceedings before the assessment authorities and the Cantonal Tax Office. Part-time judges must report their secondary employment upon taking office and immediately after any changes to the Court Administration Commission.
4. The Court Administration Commission publishes all secondary employments of full-time and part-time judges in electronic form.
1. The recusal provisions of §§ 92-100 do not apply to proceedings conducted under the Swiss Code of Criminal Procedure, the Swiss Juvenile Criminal Procedure Code, or the Swiss Civil Procedure Code. § 98 Paragraph 1 remains reserved for proceedings under the Swiss Civil Procedure Code.
1. A judge or court clerk is excluded from performing their duties
a) in their own case or in matters concerning their spouse, fiancé, registered partner, a person with whom they have a de facto cohabitation, or individuals with whom they are related in a direct line, related by marriage, or connected by adoption, or related collaterally up to the third degree (Art. 20 Civil Code) or by marriage up to the second degree. The exclusion applies even if the marriage or registered partnership no longer exists;
b) in matters concerning a person for whom they are the guardian or legal representative, or with whom there is a custodial relationship;
c) in matters concerning an authority, partnership, or limited partnership of which they are a member, or a legal entity whose organ they belong to;
d) if they have already acted in the same matter as a judge, pretrial judge, arbitrator, chief prosecutor, prosecutor, juvenile prosecutor, investigating officer, court clerk, party representative, or administrative officer. Exceptions provided for in procedural legislation are reserved;
e) if they have already been heard as a witness or expert in the same matter;
f) if they have performed the act, whose validity is disputed, either alone or jointly with others, in the capacity of an official, notary, guardian, representative, or in a similar capacity.
1. A judge or court clerk may be disqualified
a) if he himself or any person related to or affiliated with him as described in § 92 letter a may gain an advantage or suffer a disadvantage from the proceedings;
b) if a general partnership or limited partnership is a party and he is related to or affiliated with a partner as described in § 92 letter a;
c) if there exists a particular relationship of dependence or obligation between him and a party;
d) if he stands in a relationship of significant enmity or friendship with a party;
e) if he is related to or affiliated with the lawyer of a party as described in § 92 letter a;
f) if he appears to be biased for any reason.
1. Anyone who is aware of a ground for recusal against themselves must inform the person or authority responsible for deciding on recusal matters.
2. Anyone who is aware of a ground for exclusion (§ 92) against another participant in the same proceeding must inform the person or authority responsible for deciding on recusal matters.
1. A party must submit its request for recusal immediately upon becoming aware of the grounds, but no later than the start of the main hearing.
2. Anyone who is delinquent in submitting a request for recusal may be liable for the costs incurred as a result.
1. The request must be submitted in writing to the competent authority responsible for its assessment, or it must be recorded there in the minutes; it must be briefly justified.
1. If the request for recusal comes from a party, the challenged judicial person must be heard.
2. If the judicial person themselves requests recusal, it must not be denied if they credibly demonstrate the existence of a ground for recusal.
1. The decision on a disqualification request made by a judicial person or a party is made by
a) the district court president, if it is directed against the justice of the peace;
b)* ...
bbis)* ...
c)* the deputy, if it is directed against the district court president as the examining judge or as the presiding sole judge, or against the juvenile court president as the presiding sole judge, against the president of the estimation commission, or the president of the cantonal tax court;
d)* the respective court in the absence of the person concerned and without the involvement of a substitute judge, if it is directed against a member of a court or against the court clerk;
e)* ...
f)* ...
2. If the decision results in disqualification, the competent authority must decide whether and to what extent procedural actions already carried out by the disqualified judicial person must be repeated.
3. Appeals against decisions pursuant to § 98 paragraphs 1 and 2 may be lodged with the appeals chamber of the higher court, except against decisions of the higher court itself, its chambers, the administrative court, the insurance court, and the cantonal tax court.
1. If an application for disqualification is obviously made with the intention of disrupting an orderly judicial process, the competent authority according to § 98 can decide not to entertain it. The judge who is only to decide on the disqualification cannot be disqualified.
1. If a person who was disqualified from holding an office under § 92 or could have been challenged under § 93 has made a decision or participated in making a decision, this shall not affect the validity of the decision, provided that no cantonal or federal legal remedy is pursued in which the defect can be claimed.
1. If, due to recusal (ninth title), the legally prescribed substitution of court personnel is insufficient in a particular case, the court administration commission shall designate, upon request of the court, an extraordinary substitute.
1. Extraordinary representations for a period of up to 2 years can be appointed by the Court Administration Commission upon the request of the court.
2. Any potential extension is to be decided by the Cantonal Council.
1. If the conditions for the application of §§ 101 or 102 are met for the public prosecutor's office or the juvenile prosecutor's office, the cantonal government is responsible for the decision.
1. The justices of the peace are under the supervision of the district court presidents, who must annually examine the business records and protocols they are required to maintain and issue any necessary directives.
2. The district court presidents are required to provide the justices of the peace with general legal knowledge at least twice per election period. The justices of the peace are obliged to attend these meetings.
**1. Under the supervision of the Supreme Court:** The Administrative Court, the Insurance Court, and the Chambers of the Supreme Court, with the exception of the Supervisory Authority for Debt Enforcement and Bankruptcy, as well as their personnel, fall under the supervision of the Supreme Court.
**2. The provisions concerning complaints to the Court Administration Commission apply accordingly.**
1. The Court Administration Commission exercises administrative and professional supervision over all courts except for the High Court, the courts and chambers under the supervision of the High Court (§ 105), as well as the Cantonal Tax Court.
1bis. Over the cantonal conciliation authority for gender equality between women and men, as well as the conciliation authorities for rental and lease relationships, the Court Administration Commission exercises only professional supervision.
2. In this process, it collaborates with the High Court and the courts and chambers under the supervision of the High Court and ensures mutual information exchange.
3. The High Court and the courts and chambers under the supervision of the High Court are obligated to promptly report supervisory-relevant matters to the Court Administration Commission. They have the right to make motions.
4. The Court Administration Commission issues administrative and professional directives upon the application or with the consent of the High Court or the courts and chambers under the supervision of the High Court.
1. Complaints against the conduct of authorities and officials under their supervision must be submitted in writing to the Judicial Administration Commission within 10 days after the grounds for complaint have become known.
2. Unless the complaint is evidently unfounded from the outset, it must be communicated to the parties involved for their written comments.
3. The President of the High Court or the rapporteur appointed by him may order the necessary investigations and take precautionary measures in urgent cases.
4. The Judicial Administration Commission may appoint a third party to conduct the investigation.
5. Upon request of the Judicial Administration Commission, the High Court may take over the handling of the supervisory complaint itself or delegate it to the Administrative or Insurance Court or one of its chambers.
1. Disciplinary Responsibility is Governed by the Law of Responsibility.
1. The following are under the supervision of the Government Council
a) the Chief Public Prosecutor;
b)* the Chief Juvenile Attorney.
2. Complaints against these officials must be submitted in writing to the Government Council within 10 days of becoming aware of the grounds for the complaint.
3. The provisions concerning supervisory complaints to the Judicial Administration Commission shall apply accordingly.
1. The administration of the Higher Court, the Cantonal Tax Court, and the Court Administration Commission is subject to the supervision of the Cantonal Council.
2. If the appeal is directed against a specific decision or action, it must be filed within 10 days from notification or acknowledgment. In other cases, it is permissible as long as the appellant has a legal interest.
1. The presiding judges of the district courts report annually to the higher court on the activities of the justices of the peace.
1. The Superior Court shall annually report to the Court Administration Commission for the attention of the Cantonal Council on its activities as well as those of the courts under its supervision.
2. Within the framework of the accountability report of the Superior Court, the reports of the Administrative Court and the Insurance Court shall also appear.
1. The Cantonal Tax Court shall annually report to the Court Administration Commission to be forwarded to the Cantonal Council on its activities.
1. The Chief Prosecutor shall report annually to the Executive Council on the activities of the Public Prosecutor's Office.
1. The Chief Youth Prosecutor shall report annually to the Governing Council on the activities of the Youth Prosecutor's Office.
1. The Higher Court regulates the administration of the courts under its supervision (§ 105) and the other courts in a regulation, unless other bodies are responsible.
2. The Higher Court may regulate the admission, as well as the rights and duties, of court reporters in an ordinance.
1. The Superior Court may regulate electronic legal communication between courts and parties in an ordinance. It may, in particular, issue provisions regarding the requirements for legal documents, the service of documents, compliance with deadlines, and liability in electronic legal communication.
1. Upon the entry into force of the new law, all prior decrees that conflict with it are repealed.
2. Specifically repealed are
a) the Law on Court Organization of March 5, 1961;
b) Sections 37, 38, 45-56 of the Law on Cantonal Criminal Law and the Introduction of the Swiss Criminal Code of September 14, 1941;
c) Sections 41-46, 91 of the Law on Legal Protection in Administrative Matters of November 15, 1970;
d) Section 80 of the Law on Direct State and Municipal Taxes of January 29, 1961;
e) Section 54 of the Law on Water Rights of September 27, 1959;
f) Section 15 of the Implementing Ordinance to the Cantonal Act for the Introduction of the Federal Act on Unemployment Insurance and Job Placement of December 19, 1952.
1. (Obsolete Transitional Provision; the text is integrated into the consolidated version.)
1. The Code of Criminal Procedure (StPO) of June 7, 1970, is amended or supplemented as follows: (obsolete; the text is incorporated in the consolidated version).
1. The Act on Labor Courts is amended or supplemented as follows: (obsolete; the text is integrated into the consolidated version).
1. Where existing laws, ordinances, or other decrees provide for complaints or appeals to be made directly to the Governing Council, the competent department shall take the place of the Governing Council, except in matters listed in § 50 paragraph 2.
1. This law shall not apply to proceedings pending at the time this law comes into force.
2. Appeals already filed shall be assessed by the authority competent under the previous law, even if this would not be possible under the new law.
3. The transitional provisions for the amendment of the law dated November 5, 2003 (Reform of Criminal Prosecution) are contained in the Code of Criminal Procedure.
1. Proceedings that are pending at the time this law comes into effect shall continue to be conducted by the authority previously responsible under the old law.
2. Proceedings that are pending at the time this law comes into effect before the Financial Equalization Appeal Commission, the Appeal Valuation Commission in matters of Building Insurance, or the Cantonal Agricultural Appeal Commission, shall be transferred to the Administrative Court for further processing, if the main hearing has not yet taken place.
1. Complaints regarding public procurement that are pending before the Cantonal Estimation Commission at the time this law comes into force shall be transferred to the Administrative Court for further processing.
1. The term of office for all officers and authorities elected for a term under this law shall end on July 31, 2025.
2. If officers and authorities are elected under this law by July 31, 2024, or at a later date, the term of office shall be extended until July 31, 2025.
1. Proceedings that are pending at the time of the enactment of this law shall be continued by the authority previously responsible under the old law.
2. Appeal procedures that are pending before the Government Council at the time of the enactment of this law shall be transferred to the Administrative Court for further treatment, provided that under the new law the Government Council is no longer competent and the appeal to the Administrative Court is not excluded.
1. The Higher Court shall rule on any disputes concerning the application of the old or new law.
1. For the officials holding office at the time of the enactment, the eligibility requirements of the previous laws shall apply.
1. The Cantonal Council is authorized to adjust the amounts in dispute specified in this law to reflect changes in the value of money at reasonable intervals.
1. This law shall enter into force at a date to be determined by the Government Council after approval by the people.