Judicial Organization Act (JOA) (LOG)

1 This law governs the organization and functioning of judicial authorities.

2 It applies to the Justice of the Peace Courts, the Praetorian Courts, the Criminal Praetorian Court, the Court of Appeal, the Public Prosecutor's Office, the Office of the Judge for Coercive Measures, the Juvenile Judiciary, the Juvenile Court, the Expropriation Tribunal, and the Council of the Judiciary, subject to special provisions. [2]

3 The law applies to first-instance lay judges and appellate lay judges. [3]

[2] Para. amended by Law of 24.6.2010; in force since 1.1.2011 - BU 2010, 333; previous amendments: BU 2007, 5; BU 2010, 245.

[3] Para. amended by Law of 15.12.2011; in force since 7.2.2012 - BU 2012, 69; previous amendments: BU 2010, 245 and 528.

1 The magistrates of the judiciary are elected by the Grand Council, with the exception of the justices of the peace and their substitutes who are elected by the people in the electoral districts corresponding to their jurisdiction.

2 The members of the Judicial Council are designated by the full-time incumbent magistrates and, respectively, by the Grand Council according to the procedures established by the present law.

1 The election of magistrates falling within the competence of the Grand Council takes place following a competition announced by the Justice and Rights Committee of the Grand Council in the Official Gazette for a minimum duration of 15 days. [4]

2 The call for applications must specify the requirements set out by law and the documents requested by the Expert Commission to prove the conditions of eligibility and to participate in the examination.

3 In the case of part-time positions, the call for applications may indicate the minimum commitment that the elected person must guarantee in case of need of the court. [5]

[4] Para. amended by Act of 9.4.2018; in force since 1.5.2019 - BU 2018, 199.

[5] Para. introduced by Act of 14.4.2014; in force since 1.7.2014 - BU 2014, 310.

1. Applications and the required documentation must be submitted by the applicants within the deadline specified in the call for applications.

2. Candidates already holding the position specified in the competition are exempt from submitting documents.

1 For the examination and preliminary review of new candidatures for the election of magistrates, an independent Expert Commission is established, composed of 5 members and appointed by the Grand Council every six years.

2 Members of the Council of State, the Grand Council, the cantonal judiciary, the Council of the Judiciary, and employees of the Canton may not be part of the Commission.

3 The emoluments of the members of the Commission are determined by the Presidential Office by ordinance.

1 The Expert Commission autonomously drafts and updates its own regulations, which are published in the Official Bulletin of Laws and Executive Acts.

2 The Commission may gather information on candidates or avail itself of external consultations.

3 After examining the candidates, the Expert Commission submits its written opinion on the individual candidacies to the Committee on Justice and Rights, with a copy to the competition participants. [6]

4 The opinion must address the eligibility of the candidates and provide a detailed justification of their suitability for the specific function being advertised.

[6] Art. 3 amended by Law of 9.4.2018; in force since 1.5.2019 - OB 2018, 199.

[7] The Commission for Justice and Rights transmits to the Grand Council, at least 12 days before the election, a report including

a) the opinion of the Judicial Council on the candidatures of those already holding office in a function subject to its supervision;

b) the list of candidates;

c) the opinion of the Expert Commission on new candidatures;

d) copies of any reports with the Judicial Council, prepared during the previous term of appointment, relating to sanctions pronounced against incumbent candidates;

e) its proposals for election.

[7] Art. amended by Law of 9.4.2018; in force since 1.5.2019 - BU 2018, 199; previous amendment: BU 2007, 603.

[9] **1 The Grand Council elects:**

a) 90 first-instance assessor-jurors attached to the Correctional and Criminal Assize Courts;

b) 60 appeal assessor-jurors attached to the Court of Appeal and Criminal Revision.

**2 The assessor-jurors are elected in proportion to the number of votes obtained by the lists in the most recent Grand Council election; lists that do not obtain a mandate by full quotient also participate in the allocation.**

**3 The competition and examination procedure of the Expert Commission does not apply to the election of assessor-jurors.**

**4 The Presiding Office of the Grand Council sets a deadline for the representatives of the lists to submit candidacies and determines the documentation to be presented.**

[9] Art. modified by L 15.12.2011; in force since 7.2.2012 - BU 2012, 69; previous modification: BU 2010, 528.

[10] 1 Every active citizen of the Canton is eligible for the office of first-instance and appellate lay judge.

2 The office of first-instance and appellate lay judge is incompatible with the office of member of the State Council, the Grand Council, or a judicial authority, as well as with the function of employee of the cantonal and federal administrations.

3 No one may simultaneously be a first-instance lay judge and an appellate lay judge.

[10] Art. amended by L 15.12.2011; in force since 7.2.2012 - BU 2012, 69; previous amendment: BU 2010, 528.

[12] The language of proceedings before judicial authorities is Italian.

[12] Art. modified by L 20.4.2010; in force from 1.1.2011 - OG 2010, 245; previous amendment: OG 2007, 661.

-16 … [13]

[13] Art. repealed by Law 20.4.2010; effective from 1.1.2011 - BU 2010, 245.

1 Citizens holding a doctorate in law or an equivalent title, or the certificate of aptitude for the practice of law, are eligible to be judges of the judiciary; paragraph 2 is reserved.

2 Every active citizen is eligible for the office of justice of the peace and deputy justice of the peace.

1. **Incompatibility of Relatives in the Same Court or Judicial Office**

Ascendants and descendants, husband and wife, registered partners, cohabitants, siblings, uncles and nephews of full blood, father-in-law and son-in-law, first cousins, and the husband, registered partner, or brother of the same woman, cannot be members of the same court or judicial office. The same incompatibilities also apply to equivalent degrees of kinship for women. [14]

2. For the purposes of this article, "first cousins" refers to the children of two brothers, two sisters, or a brother and a sister.

3. These provisions also apply to secretaries with regard to the magistrate or members of the judicial authorities on whom they depend.

[14] Para. amended by L 25.6.2007; in force since 1.1.2007 - BU 2007, 577.

1 Full-time magistrates are required to dedicate their entire activity to the function for which they are appointed.

2 They may not

a) practice law or act as a notary;

b) hold federal or cantonal offices or employments with fixed annual fees;

c) engage in a profession, trade, or industry, even incidentally or occasionally or in the form of a mandate, nor delegate the exercise thereof to third parties or have participation or remuneration from third parties engaged in such activities;

d) hold the position of director, manager, administrator, or member of the supervisory or auditing board of companies, institutions, enterprises, or offices with a profit-making purpose, nor carry out any activity for them, even on a gratuitous basis.

3 Justices of the peace may not practice law.

4 With the consent of the Council of State and after obtaining the opinion of the Council of the Judiciary, full-time magistrates may accept appointments conferred by federal, cantonal, or municipal authorities or by cantonal and federal quasi-governmental bodies, as well as act as arbitrators or experts.

[15] 1 The judges of the Court of Appeal, the *pretori* (magistrates), the president of the Criminal Court, the justices of the peace, the lay judges of first instance, and the lay judges of appeal take office on June 1st. [16]

2 The judges of coercive measures and the public prosecutors take office on January 1st.

3 The president and the experts of the Expropriation Tribunal take office on April 1st.

[15] Art. amended by DL 15.12.2010; in force from 1.1.2011 - BU 2010, 528; previous amendments: BU 2007, 5; BU 2010, 245.

[16] Para. amended by L 15.12.2011; in force from 7.2.2012 - BU 2012, 69.

[17] 1 The mandate conferred upon all magistrates ceases on December 31 of the year in which they reach 70 years of age, or on June 30 if the age limit is reached in the first semester.

1bis The preceding paragraph does not apply to lay judges.

2 The judge communicates to the Presiding Office of the Grand Council the cessation of activity or the waiver of the right to request a renewal of the office with at least six months' notice prior to the date of cessation of activity; upon a reasoned request from the magistrate, the Presiding Office may reduce this period if no essential interest opposes it.

[17] Art. amended by L 15.12.2011; in force since 7.2.2012 - BU 2012, 69; previous amendments: BU 2010, 245, 291 and 528.

[18] 1 Ordinary judges, first instance lay judges, appellate lay judges and experts of the Expropriation Tribunal take office upon making a declaration of fidelity to the Constitution and the laws, by signing the certificate delivered to them by the President of the Grand Council. [19]

2 Ordinary and extraordinary substitute judges take office upon making a declaration of fidelity to the Constitution and the laws, by signing the relevant certificate delivered to them by their respective office.

3 Justices of the Peace and their substitutes take office upon making a declaration of fidelity to the Constitution and the laws, by signing the relevant certificate delivered to them by the *pretore* of the relevant jurisdiction.

[18] Art. amended by L 20.4.2010; in force since 1.1.2011 - BU 2010, 245; previous amendment: BU 2007, 5.

[19] Para. amended by L 15.12.2011; in force since 7.2.2012 - BU 2012, 69.

1 If a seat becomes vacant due to death, resignation, or other causes, succession shall take place promptly according to the procedure prescribed for the election.

1a Within one month of being notified of a vacancy, the Court of Appeal shall inform the Justice and Rights Committee of the Grand Council which section must be filled and in which chamber the new judge will primarily be active. [20]

2 The new magistrate is elected for the remainder of the term of office.

[20] Para. amended by Law of 14.3.2023; in force since 1.7.2023 - Official Gazette 2023, 191; previous amendment: Official Gazette 2013, 209.

In the event of a vacancy in any judicial seat or a permanent impediment, the Council of State may designate a substitute to hold the office until a replacement is made or the impediment ceases.

1 The new magistrates proceed with their duties in the state in which the case is found.

2 If the final hearing has already begun or concluded and the judgment has not yet been drafted and approved by the outgoing magistrates, the case must be called for a new hearing, unless otherwise agreed between the parties.

3 In criminal hearings, once the Court is constituted, it continues with its duties until judgment.

1 Unless otherwise provided by law, hearings before judicial authorities are oral and public, deliberations secret.

2 Judges, as well as lay judges and jurors in the first instance and on appeal, are prohibited from making public their own vote or that of their colleagues; this prohibition also applies to administrative staff who become aware of such votes. [21]

[21] Para. amended by L 15.12.2011; in force since 7.2.2012 - OJ 2012, 69; previous amendment: OJ 2010, 245.

[22] 1 Judicial authorities shall publish their judgments that have become final and unappealable. Publication shall, in principle, take place in anonymized form.

2 The Council of State shall determine the modalities thereof.

[22] Art. amended by Law of 24.9.2013; in force since 1.3.2014 - BU 2013, 472.

[23] 1 The magistrate is obliged to report to the criminal prosecution authorities any crimes and offences prosecutable ex officio that he observes or that are reported to him in the exercise of his function.

2 Obligations to report prescribed by other laws remain reserved.

[23] Art. amended by L 13.12.2021; in force since 1.3.2022 - BU 2022, 49; previous amendment: BU 2010, 245.

1 In every circuit, there shall be a justice of the peace and a substitute. [24]

2 In Judicatures with a heavier workload, the Council of State may establish additional substitutes and appoint a secretary.

3 The Council of State organises and finances training and continuing education courses for justices of the peace.

[24] Para. amended by L 26.1.2009; in force since 1.1.2009 - BU 2009, 159.

1 The Justice of the Peace has its seat in the capital of the circuit.

2 For particular reasons, the Council of State may fix the seat in another municipality within the circuit.

3 The municipality where the seat is located provides the courtroom and bears the expenses thereof.

1 The substitute judge replaces the judge in cases of recusation, illness, absence, or other impediment, and, at the request of the presiding judge, when the functioning of the Judiciary so requires.

2 When the judge cannot be replaced by the substitute, the case is devolved to the nearest judge.

3 The proximity between Judiciaries is established by the Council of State.

[25] 1 The Justice of the Peace

a) acts as a conciliation authority in property disputes up to a value in dispute of 5000 francs;

b) may submit a proposal for judgment to the parties in disputes falling under letter a);

c) judges property disputes up to a value in dispute of 5000 francs, including those based on the Federal Act of 11 April 1889 on Debt Enforcement and Bankruptcy (DEBA);

d) decides on the request for a judicial prohibition order according to Articles 258-260 CPC and receives the opposition.

2 Excluded are proceedings concerning

a) easements and the registration of statutory mortgages; [26]

b) disputes relating to the lease and tenancy of residential and commercial premises;

c) disputes under the Federal Act on Gender Equality of 24 March 1995.

3 In offences prosecutable upon complaint, the Justice of the Peace may conduct an attempt at conciliation upon request of the public prosecutor and with the consent of the parties.

[25] Art. amended by L 24.6.2010; in force since 1.1.2011 - BU 2010, 314; previous amendment: BU 2010, 245.

[26] Lett. amended by L 4.6.2012; in force since 10.8.2012 - BU 2012, 364.

[27] **1** In the district of Mendrisio, there are two *preture* (magistrate's courts), both based in Mendrisio

a) the *pretura* of Mendrisio-South, with jurisdiction over the municipalities of the circuits of Balerna and Caneggio, where there is one *pretore* (magistrate);

b) the *pretura* of Mendrisio-North, with jurisdiction over the other municipalities of the district, where there is one *pretore*.

An *pretore aggiunto* (assistant magistrate) is jointly assigned to the two *preture*.

**2** In the district of Lugano, there is one *pretura*, based in Lugano, where there are six *pretori* and four *pretori aggiunti*; it is presided over by one *pretore*.

**3** In the district of Locarno, there are two *preture*, both based in Locarno

a) the *pretura* of Locarno-Città, with jurisdiction over the municipalities of Locarno, Muralto, Orselina, Minusio and Brione sopra Minusio, where there is one *pretore* and one *pretore aggiunto*;

b) the *pretura* of Locarno-Campagna, with jurisdiction over the other municipalities of the district, where there is one *pretore* and one *pretore aggiunto*.

**4** In the district of Bellinzona, there is one *pretura*, based in Bellinzona, where there is one *pretore* and two *pretori aggiunti*.

**5** In the districts of Vallemaggia, Riviera, Blenio, and Leventina, there is one *pretura*, based in their respective district capitals, in each of which there is one *pretore*.

[27] Art. modified by Law of 24.6.2010; in force since 1.1.2011 - BU 2010, 314.

[28] 1 The Praetor directs the Praetorial Court, supervises the proper functioning of the office and allocates cases.

2 In the Praetorial Court of the Lugano district, the president directs the Praetorial Court, assigns the auxiliary praetors and officials, allocates cases, decides on the use of resources, and is responsible for the organisation of the Praetorial Court; the vice-president replaces the president in case of urgency or prolonged absence; the president and vice-president are appointed by the College of Praetors from among its members.

3 The Council of State regulates, by means of an ordinance, the organisation and allocation of cases of the Praetorial Court of Lugano.

[28] Art. amended by L 24.6.2010; in force since 1.1.2011 - BU 2010, 314.

[29] The deputy judge autonomously and under their own responsibility handles the cases assigned to them by the judge.

[29] Art. amended by Law of 24.6.2010; in force since 1.1.2011 - BU 2010, 314.

[30] 1 There is one assessor-secretary for each court of first instance; in the court of first instance of Lugano, there are six assessor-secretaries.

2 The assessor-secretary

a) conducts conciliation attempts in cases established by law;

b) assists the judge and the auxiliary judge in drafting judgments and in other duties.

3 The assessor-secretary is appointed by the Council of State.

4 The Council of State may assign the same assessor-secretary to multiple courts of first instance and, if necessary, may appoint a second assessor-secretary.

[30] Art. modified by L 24.6.2010; in force since 1.1.2011 - BU 2010, 314.

[31] 1 In the event of a legal impediment or absence due to illness or other reason, the Justice of the Peace and the Deputy Justice of the Peace shall substitute for each other.

2 If both are impeded, the case shall be transferred to the nearest Justice of the Peace office or, in the event of a legal impediment of the judges comprising the latter, it shall be transferred by the Third Civil Chamber to another Justice of the Peace office.

3 Substitution among the neighbouring Justice of the Peace offices is established as follows

a) the Justice of the Peace offices of Mendrisio-Nord and Mendrisio-Sud shall substitute for each other;

b) the Justice of the Peace offices of Lugano shall substitute for each other according to the procedures laid down by the regulations;

c) the Justice of the Peace offices of Locarno-Città and Locarno-Campagna shall substitute for each other;

d) the Justice of the Peace offices of Bellinzona and Riviera shall substitute for each other;

e) the Justice of the Peace offices of Blenio and Leventina shall substitute for each other;

f) the Justice of the Peace office of Vallemaggia shall be substituted by that of Locarno-Campagna.

[31] Art. amended by L 24.6.2010; in force from 1.1.2011 - BU 2010, 314.

[32] 1 The Praetor and the Deputy Praetor instruct and judge cases with a litigious value exceeding 5,000 francs and, regardless of the litigious value, those concerning easements and legal mortgages, and those pertaining to the lease and tenancy of dwellings and commercial premises, and gender equality. [33]

2 The Praetor and the Deputy Praetor also instruct and judge all other civil cases, including those in summary proceedings, and perform all acts of voluntary jurisdiction not expressly assigned to other authorities.

3 They also act as enforcement judges for decisions under articles 335 et seq. of the Swiss Civil Procedure Code of 19 December 2008 (CPC), including foreign decisions under the Federal Act on Private International Law of 18 December 1987 (PILA) and the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters of 16 September 1988 (Lugano Convention).

4 They decide on motions for recusal against justices of the peace, assessor secretaries, and conciliation offices located within their territorial jurisdiction.

5 Motions for recusal against the Praetor and the Deputy Praetor are decided by the nearest Praetorship.

[32] Art. modified by L 24.6.2010; in force since 1.1.2011 - BU 2010, 314.

[33] Sub-para. modified by L 4.6.2012; in force since 10.8.2012 - BU 2012, 364.

… [34]

[34] Art. repealed by Law 24.6.2010; effective from 1.1.2011 - BU 2010, 314.

1 The Criminal Court (Pretura penale) is based in the district of Bellinzona and is composed of the president, a pretor, and the pretors of the districts of Vallemaggia, Riviera, Blenio, and Leventina, with jurisdiction over the entire territory of the Canton. [35]

2 Cases falling within the competence of the Criminal Court are decided by a single judge; the president, after consulting the members, establishes the criteria for the distribution of proceedings.

3 Hearings are held at the seat of the Criminal Court; the judge may conduct the trial elsewhere for overriding practical necessities.

[35] Par. amended by Law of 6.10.2025; in force from 1.1.2026 - BU 2025, 374.

[36] The members of the Criminal District Court mutually replace each other in cases of exclusion or recusal, reserving the jurisdiction of the Court of Criminal Appeals.

[36] Art. amended by Law of 20.4.2010; in force since 1.1.2011 - BU 2010, 245.

1 The Criminal Court (Pretura penale) judges

a) contraventions;

b) misdemeanours and felonies for which the public prosecutor proposes a custodial sentence of up to six months, a monetary penalty of up to 180 daily rates; cumulative penalties with a fine are always possible. [37]

2 Within these limits, the jurisdiction of the Criminal Court extends to offences provided for

a) by the Swiss Criminal Code;

b) by federal tax laws or other federal laws, when the perpetrator does not submit to the decision of the administrative authority and requests to be judged by a judicial authority (Art. 73 et seq. of the Federal Act on Administrative Criminal Law);

c) by special federal laws or cantonal laws, when the judgment is not attributed to cantonal administrative authorities.

3 The Criminal Court also judges contraventions of federal and cantonal laws attributed for prosecution to a cantonal administrative authority. [38]

[37] Subpara. amended by L 6.10.2025; in force since 12.12.2025 – BU 2025, 337; previous amendments: BU 2007, 5; BU 2009, 249; BU 2010, 245.

[38] Para. amended by L 4.6.2012; in force since 10.8.2012 – BU 2012, 364; previous amendment: BU 2010, 245.

[39] 1 The Court of Appeal is composed of 28 judges and 16 alternate judges and is divided into three Sections

a) the Civil Law Section;

b) the Public Law Section;

c) the Cantonal Criminal Court. [40]

2 The members of one Section cannot be members of another Section, subject to the rules on alternates.

3 The Court of Appeal also comprises the Criminal Complaints Chamber, the Criminal Appeals and Revision Court [41], the Bar Commission, and the Notary Commission. [42]

4 The Court of Appeal designates from among its members a president and a vice-president, who assume their functions on 1st June, serve for two years, and are not immediately eligible for re-election.

5 Every two years starting from 1st June, the Court of Appeal

a) designates the president, vice-president, and members of the Sections and Chambers. The president and vice-president of the Sections may be re-elected only once at most; [43]

b) allocates 8 alternate judges to the Cantonal Criminal Court and another 8 to the Criminal Appeals and Revision Court. [44]

6 When circumstances require or when necessary to cope with the workload, within the Civil Law Section and the Public Law Section, each judge collaborates with the Chambers of which they are not a member.

7 In case of impediment of the president or vice-president of the Court of Appeal or of the individual Sections or Chambers, the presidency is assumed by the most senior judge by office.

8 Depending on the needs of the court, the Grand Council may waive the initiation of the election procedure for alternate judges.

[39] Art. amended by DL 10.4.2018; in force from 1.6.2018 - BU 2018, 128; previous amendments: BU 2007, 753; BU 2008, 139; BU 2010, 245 and 262; BU 2013, 131 and 198; BU 2014, 310; BU 2015, 164.

[40] Para. amended by L 16.9.2019; in force from 1.1.2020 - BU 2019, 395; previous amendment: BU 2019, 133.

[41] The seat of the Criminal Appeals and Revision Court is, temporarily, in Locarno. Transitional provision introduced by L 24.2.2010; in force from 1.1.2011 - BU 2010, 262.

[42] Para. amended by L 18.2.2019; in force from 16.4.2019 - BU 2019, 133.

[43] Sub-para. amended by L 15.10.2024; in force from 20.12.2024 - BU 2024, 332.

[44] Sub-para. amended by L 18.2.2019; in force from 16.4.2019 - BU 2019, 133.

1 The administrative management and handling of current affairs of the Court of Appeal are entrusted to a Commission, composed of the President of the Court of Appeal, who presides over it, the Vice-President, and the Presidents of the three Sections.

2 The Administrative Commission supervises the proper functioning of the Sections and Chambers and performs the duties assigned to it by the regulations.

1 Judges who cease their activity due to retirement may act as ordinary supplementary substitute judges until the end of the election period; Art. 21 is reserved.

2 They are bound by the conditions set out in Art. 52 para. 3; therefore, they are prohibited from practicing law in the same field of activity as their judicial function; this prohibition extends to lawyers of the same law firm, should they have resumed their independent profession. [45]

[45] Para. amended by Law of 18.2.2019; in force since 16.4.2019 - BU 2019, 133; previous amendment: BU 2018, 128.

[46] 1 Each Chamber of the Court of Appeal shall be completed, by its president, with other members of the Section; where this is not feasible, it shall be completed with members from another Section.

2 The Cantonal Criminal Court and the Court of Appeal and Criminal Revision shall be completed with the substitute judges assigned to them according to Art. 42 para. 5 lit. b; where this is not feasible, they shall be completed with members from another Section.

3 In the absence of all judges of a Chamber, the Chamber shall be constituted by the president of the respective Section.

4 In the absence of all judges of a Section, the judging Chamber shall be constituted by the president of the other Section.

[46] Art. modified by Law of 18.2.2019; in force since 16.4.2019 - BU 2019, 133; previous modifications: BU 2007, 753; BU 2011, 265; BU 2015, 16; BU 2018, 128.

1 If the entire Tribunal is recused, the president shall notify the State Council so that it may constitute an extraordinary Court of Appeal or an extraordinary Chamber, called upon to rule.

2 The State Council shall proceed with the constitution by lot, in a public session, from a triple number of persons having the requisites to be appellate judges, and shall designate the president thereof.

1 The Court of Appeal and its Divisions deliberate by majority vote.

2 The Chambers deliberate with their full complement of members and by majority vote.

3 Deliberations by circulation are permitted, unless otherwise provided by law.

4 The law may assign specific powers to the presidents.

[47] Where the chancellors participate in the instruction and judgment of cases, they have a consultative vote.

[47] Art. introduced by Law 16.10.2023; in force from 22.12.2023 - BU 2023, 399.

[48] The Civil Law Section of the Court of Appeal is composed of 12 judges and includes: [49]

a) the First Civil Chamber, composed of three members, which rules

as a second instance

1. on appeals against decisions of justices of the peace (pretori) and deputy justices of the peace (pretori aggiunti) concerning personal law, family law, succession law, and real rights;

2. on complaints against decisions on recusal applications in matters under point no. 1;

3. on appeals against decisions of administrative authorities concerning personal status, foundations, and family law, excluding those assigned to the Protection Chamber;

4. …;

5. on appeals against decisions of the supervisory authority regarding the land register;

6. …;

7. on appeals against arbitral awards pursuant to Article 390 CPC and applications for revision of arbitral awards pursuant to Article 396 et seq. CPC in matters under point no. 1;

8. on complaints for delayed justice (Art. 319 lit. c CPC) and against decisions of the enforcement judge (Art. 309 lit. a CPC) in matters under point no. 1;

8a) on complaints against decisions concerning costs (Art. 110 CPC) in matters under point no. 1. [50]

and, as a single judge, decides

9. on the provision of an advance (Art. 101 para. 1 CPC), the provision of an advance for the taking of evidence (Art. 102 para. 1 CPC), the granting of suspensive effect to complaints (Art. 325 para. 2 CPC), the authorisation of early enforcement of a decision (Art. 315 para. 2 CPC) and the granting of suspensive effect in matters of interim measures (Art. 315 para. 5 CPC);

10. on procedural questions, with reference to disputes in matters under point no. 1, as provided for in Article 356 paragraph 2 CPC, in particular by Articles 362, 369 paragraph 3, 370 paragraph 2, 374 paragraph 1 and 375 paragraph 2 CPC;

and furthermore as the sole cantonal instance

11. …;

12. receives notification of the deposit of the award pursuant to Article 386 CPC in matters under point no. 1;

13. decides in cases provided for by the PILA concerning international arbitration; [51]

b) the Second Civil Chamber, composed of three members, which rules

as a second instance

1. on appeals against decisions of justices of the peace (pretori) and deputy justices of the peace (pretori aggiunti) in matters of the law of obligations, road traffic, insurance contracts, civil liability of railway companies and electricity companies, civil liability arising from pipeline transport systems, and unfair competition;

2. on complaints against decisions on recusal applications in matters under point no. 1;

3. on appeals against decisions of the commercial register office;

4. on appeals against arbitral awards pursuant to Article 390 CPC and applications for revision of arbitral awards pursuant to Articles 396 et seq. CPC in matters under point no. 1;

5. on complaints for delayed justice (Art. 319 lit. c CPC) and against decisions of the enforcement judge (Art. 309 lit. a CPC) in matters under point no. 1;

and, as a single judge, decides

6. on the provision of an advance (Art. 101 para. 1 CPC), the provision of an advance for the taking of evidence (Art. 102 para. 1 CPC), the granting of suspensive effect to complaints (Art. 325 para. 2 CPC), the authorisation of early enforcement of a decision (Art. 315 para. 2 CPC) and the granting of suspensive effect in matters of interim measures (Art. 315 para. 5 CPC);

7. on procedural questions, with reference to disputes in matters under point no. 1, as provided for in Article 356 paragraph 2 CPC, in particular by Articles 362, 369 paragraph 3, 370 paragraph 2, 374 paragraph 1 and 375 paragraph 2 CPC;

7a) on complaints against decisions concerning costs (Art. 110 CPC) in matters under point no. 1. [52]

and furthermore as the sole cantonal instance

8. receives notification of the deposit of the award pursuant to Article 386 CPC in matters under point no. 1;

9. decides in cases provided for by the PILA concerning international arbitration;

c) the Third Civil Chamber, composed of three members, which rules

as a second instance

1. on complaints against decisions and procedural orders of first instance (Art. 319 lit. b CPC), regardless of the value and type of the dispute;

2. on appeals and complaints falling within the competence of other chambers of the Civil Law Section, assigned to it by the President of the Section;

and, as a single judge, decides

3. on the provision of an advance (Art. 101 para. 1 CPC), the provision of an advance for the taking of evidence (Art. 102 para. 1 CPC), the granting of suspensive effect to complaints (Art. 325 para. 2 CPC), the authorisation of early enforcement of a decision (Art. 315 para. 2 CPC) and the granting of suspensive effect in matters of interim measures (Art. 315 para. 5 CPC);

as a first instance

4. on civil cases provided for in Article 5 paragraph 1 CPC;

5. on cases brought directly on appeal, provided the prerequisites are met (Art. 8 CPC);

and, as a single judge, decides

6. on the provision of an advance (Art. 101 para. 1 CPC), the provision of an advance for the taking of evidence (Art. 102 para. 1 CPC) and the issuance of super-interim measures (Art. 265 CPC);

d) the Civil Complaints Chamber, composed of three members, which rules

1. on complaints against judgments of justices of the peace (giudici di pace) and those of justices of the peace (pretori) with a disputed value of less than CHF 10,000.—, subject to the competences of the Enforcement and Bankruptcy Chamber;

2. on complaints for delayed justice (Art. 319 lit. c CPC) in cases with a disputed value of less than CHF 10,000.—;

and, as a single judge, decides

3. on the provision of an advance (Art. 101 para. 1 CPC) and the granting of suspensive effect to complaints (Art. 325 para. 2 CPC);

e) the Enforcement and Bankruptcy Chamber, composed of three members, which exercises the functions of the supervisory authority as the sole cantonal instance and rules

as a second instance

1. on appeals and complaints in cases brought under the Federal Act on Debt Enforcement and Bankruptcy, excluding those concerning the recognition of a debt (Art. 83 para. 2 DEBA) and the ascertainment of the non-existence of a debt (Art. 85a DEBA);

2. on complaints regarding the recognition of foreign bankruptcy and composition decrees (Art. 166 et seq. PILA);

3. on complaints against decisions on recusal applications in matters under point no. 1;

4. on complaints for delayed justice (Art. 319 lit. c CPC) and against decisions of the enforcement judge (Art. 309 lit. a CPC) in matters under point no. 1;

4a) on complaints against decisions concerning costs (Art. 110 CPC) in matters under point no. 1. [53]

and, as a single judge, decides

5. on the provision of an advance (Art. 101 para. 1 CPC), the provision of an advance for the taking of evidence (Art. 102 para. 1 CPC), the granting of suspensive effect to complaints (Art. 325 para. 2 CPC), the authorisation of early enforcement of a decision (Art. 315 para. 2 CPC) and the granting of suspensive effect in matters of interim measures (Art. 315 para. 5 CPC).

f) the Protection Chamber, composed of three members, which exercises the functions of a supervisory authority (Art. 441 para. 1 CC) and rules

as a second instance

1. on complaints against decisions on recusal applications against regional protection authorities or their members;

2. on complaints for denial or delayed justice (Art. 450a para. 2 CC);

3. on appeals against disciplinary decisions adopted by the regional protection authorities;

4. on appeals against decisions of the Council of State concerning placement for adoption and authorisation for the placement of minors for adoption;

5. on appeals against decisions of the Council of State concerning the recognition of private institutions and the revocation of recognition, as well as concerning the placement of minors and families;

as the sole cantonal instance

6. adopts decisions pursuant to the Federal Act on International Child Abduction of 21 December 2007 and the Hague Conventions on the Protection of Children and Adults;

and, as a second instance, as a single judge, decides

7. on complaints against decisions of the Regional Protection Authorities (Art. 450 CC);

8. on complaints against decisions of the Legal Commission established by the Law on Sociopsychiatric Assistance (LASP) of 2 February 1999 according to Art. 439 para. 1 CC;

9. on complaints against decisions concerning interim measures (Art. 445 para. 3 CC);

10. on the provision of an advance (Art. 101 para. 1 CPC), the provision of an advance for the taking of evidence (Art. 102 para. 1 CPC), the granting or revocation of suspensive effect to complaints (Art. 450c and Art. 450e para. 2 CC) and the authorisation of early enforcement of a decision (Art. 315 para. 2 CPC). [54]

11. on complaints against decisions of the Office for Support to Entities and Activities for Families and Young People (UFaG) pursuant to the Law on Restrictive Measures on the Freedom of Minors in Educational Centres of 11 April 2017. [55]

[48] Article amended by Law of 24.6.2010; in force since 1.1.2011 - BU 2010, 314; previous amendments: BU 2008, 230; BU 2009, 546; BU 2010, 245.

[49] Sentence amended by Law of 26.9.2012; in force since 1.1.2013 - BU 2013, 131.

[50] Letter introduced by Law of 23.9.2014; in force since 14.11.2014 - BU 2014, 486.

[51] Letter amended by Law of 26.9.2012; in force since 1.1.2013 - BU 2013, 131.

[52] Letter introduced by Law of 23.9.2014; in force since 14.11.2014 - BU 2014, 486.

[53] Letter introduced by Law of 23.9.2014; in force since 14.11.2014 - BU 2014, 486.

[54] Letter introduced by Law of 26.9.2012; in force since 1.1.2013 - BU 2013, 131.

[55] Letter introduced by Law of 11.4.2017; in force since 20.6.2017 - BU 2017, 165.

[56] **Art. 1 Applications for the recusal of judges of a chamber shall be decided by the chamber, supplemented in accordance with Art. 45.**

**2 If the recusal of a single judge is requested, the decision shall be taken by another judge, designated by analogous application of Art. 45.**

[56] Art. introduced by the L 15.3.2011; in force since 1.1.2011 - BU 2011, 265.

[57] 1 In addition to the cases provided for in Article 48, the Chambers of the Civil Law Section of the Court of Appeal

a) decide with a single judge

1. procedures that conclude with the striking of the case from the register;

2. the non-examination of the merits in appeals that are manifestly inadmissible, manifestly insufficiently reasoned, or vexatious or abusive;

b) may decide with a single judge

1. interim measures;

2. appeals and complaints against decisions adopted in summary proceedings;

3. cases that do not raise questions of principle or that are not of significant importance.

2 The direction of the proceedings pursuant to Article 124 paragraph 2 CPC is incumbent on the president, who may delegate this task to another judge. [58]

[57] Art. introduced by Law of 18.2.2013; in force since 16.4.2013 - BU 2013, 197.

[58] Par. introduced by Law of 23.9.2014; in force since 14.11.2014 - BU 2014, 486.

1 The Public Law Section is composed of 11 judges and comprises

a) the Cantonal Social Insurance Court, composed of 3 members, which rules as a sole instance on disputes concerning social insurance matters, as well as other disputes attributed to it by law;

b) the Cantonal Administrative Court, composed of 6 members, which rules as a sole instance or as an appellate instance on disputes attributed to it by law;

c) the Tax Law Chamber, composed of 3 members, which rules on disputes attributed to it by law. [59]

2 The Cantonal Social Insurance Court, the Cantonal Administrative Court, and the Tax Law Chamber may decide cases that do not raise questions of principle or that are not of significant importance in the composition of a single judge.

3 Subject to the preceding paragraph, the Cantonal Administrative Court decides in the composition of 3 members.

[59] Para. amended by Law of 18.2.2013; in force since 16.4.2013 - BU 2013, 198; previous amendment: BU 2008, 139.

[60] 1 The Cantonal Criminal Court, which comprises the Criminal Assize Court and the Correctional Assize Court, is composed of five judges who are not members of any other Section or Chamber of the Court of Appeal. [61]

2 The Criminal Assize Court hears offences for which the public prosecutor proposes a custodial sentence exceeding two years, internment according to Article 64 of the Swiss Criminal Code of 21 December 1937 (SCC), a treatment according to Article 59 paragraph 3 SCC or, in cases where the conditional suspension of a sanction must simultaneously be revoked, a deprivation of liberty exceeding two years.

3 The Criminal Assize Court adjudicates with a composition of three judges of the Cantonal Criminal Court and four assessor-jurors, subject to Article 61.

4 The Correctional Assize Court is composed of one judge of the Cantonal Criminal Court and hears offences for which the public prosecutor proposes a custodial sentence exceeding six months and not exceeding two years, or a pecuniary penalty exceeding 180 daily rates. [62]

5 The Correctional Assize Court also hears

a. offences provided for by federal tax laws or other federal laws, when the federal administration concerned proposes a custodial sentence exceeding three months, a pecuniary penalty exceeding ninety daily rates, or community service exceeding 360 hours (Art. 73 et seq. of the Federal Law on Administrative Criminal Law of 22 March 1974);

b. oppositions to confiscation orders issued by the public prosecutor (Art. 377 para. 2 of the Code of Criminal Procedure of 5 October 2007).

6 The President of the Cantonal Criminal Court issues the declaration of enforceability (exequatur procedure) for final and enforceable criminal decisions of a foreign state. The decision may be challenged by appeal to the Criminal Court of Appeal and Revision. [63]

[60] Article amended by Law of 15.12.2011; in force since 7.2.2012 - BU 2012, 69; previous amendments: BU 2007, 5; BU 2010, 245 and 528.

[61] Paragraph amended by Law of 16.9.2019; in force since 1.1.2020 - BU 2019, 395.

[62] Paragraph amended by Law of 6.10.2025; in force since 1.1.2026 - BU 2025, 374.

[63] Paragraph introduced by Law of 14.12.2015; in force since 5.2.2016 - BU 2016, 41.

... [64]

[64] Article repealed by Law No. 15.12.2011; in force from 7.2.2012 - OJ 2012, 69; previous amendment: OJ 2010, 245.

[65] 1 In the event of recusal or impediment of the members of the Cantonal Criminal Court, the person leading the proceedings shall appoint substitutes from among the substitute judges of the Court of Appeal assigned to the Cantonal Criminal Court. [66]

2 If extraordinary substitute judges are required, the selection shall take place by drawing lots from among the judges of the Civil Law and Public Law Sections, excluding those who are members of the Criminal Complaints Chamber and the Criminal Appeal and Revision Court.

3 Ordinary substitute judges assigned to the Cantonal Criminal Court and the Criminal Appeal and Revision Court may not practice law in the field of criminal justice; this prohibition extends to lawyers of the same law firm. [67]

[65] Art. amended by L 20.4.2010; in force since 1.1.2011 - BU 2010, 245.

[66] Para. amended by L 15.12.2011; in force since 7.2.2012 - BU 2012, 69.

[67] Para. amended by L 18.2.2019; in force since 16.4.2019 - BU 2019, 133; previous amendment: BU 2018, 128.

... [68]

[68] Art. repealed by L. 15.12.2011; in force from 7.2.2012 - OJ 2012, 69; previous amendment: OJ 2010, 245.

[69] 1 The adjudicating court sits and deliberates in the District where the prosecuted act occurred.

2 The person directing the proceedings may, for justified reasons, convene the Court in another place.

[69] Art. amended by L 15.12.2011; in force since 7.2.2012 - BU 2012, 69; previous amendment: BU 2010, 245.

[70] Art. abrogated by L 20.4.2010; in force from 1.1.2011 - BU 2010, 245.

[71] 1 If the Criminal Assize Court must decide with the participation of assessor-jurors, the presiding officer publicly draws by lot fourteen assessor-jurors.

2 The list of assessor-jurors must not be reduced by more than two-thirds.

3 The public prosecutor, the victim, and the accused have the right to challenge (or strike) four assessor-jurors each.

4 If a ground for recusal is applicable to any of the drawn assessor-jurors, the list is completed by drawing lots.

5 Declarations of challenge are made first by the public prosecutor, the victim, and then by the accused, and do not need to be reasoned.

6 If there are multiple accused in the same trial, they can agree on the declarations of challenge. In case of disagreement, the declarations of challenge are equally distributed.

7 The presiding officer decides on the exercise of declarations of challenge that cannot be equally distributed, as well as on the order of challenges by individual accused or victims.

8 The presiding officer may also allow a greater number of assessor-jurors to be drawn by lot so that each accused and/or each victim can challenge at least one.

9 If one of the parties does not make use of the right to challenge, the designation of the assessor-jurors is made by the presiding officer in a public session, by drawing lots from the drawn list.

10 After the declarations of challenge have been made by the public prosecutor and the accused, the presiding officer draws by lot the first and second alternate assessor-jurors.

11 In cases of offenses against sexual integrity, the president sets a five-day deadline for the victim to communicate whether they require at least one person of their gender to be part of the judging court; if the victim requires it, and after the formalities of recusal have been fulfilled, no person of the victim's gender is part of the judging court, the president excludes one of the assessor-jurors by lot and completes the court by drawing by lot an assessor-juror of the same gender as the victim.

[71] Art. amended by L 15.12.2011; in force from 7.2.2012 - BU 2012, 69; previous amendments: BU 2010, 245 and 528.

58 ... [72]

[72] Art. repealed by L 20.4.2010; in force since 1.1.2011 - BU 2010, 245.

[73] 1 Substitute jurors participate in the entire judicial procedure, but do not take part in the votes, except in case of a subsequent impediment of a lay assessor-juror.

2 The drawing of further lay assessors-jurors is omitted when the Court can be completed with the substitutes.

3 The presiding officer may order that additional substitutes attend the hearings from the outset to replace a lay assessor-juror if necessary.

4 If additional lay assessors-jurors need to be designated, the presiding officer draws by lot a number of lay assessors-jurors triple that of those missing.

5 The public prosecutor and the accused strike out one third of those drawn. Those not struck out are immediately called to compose the Court.

[73] Art. amended by L 15.12.2011; in force from 7.2.2012 - BU 2012, 69; previous amendments: BU 2010, 245 and 528.

... [74]

[74] Art. repealed by L 20.4.2010; in force from 1.1.2011 - BU 2010, 245.

[75] 1. The Criminal Assize Courts shall decide without the participation of lay judges

a. if they proceed under simplified procedure;

b. in cases reserved by federal law, for the judge who previously ruled;

c. in proceedings where a custodial sentence of up to five years is proposed;

d. detention according to Art. 64 of the Penal Code of December 21, 1937 (PC), a treatment according to Art. 59 para. 3 PC or, in cases where the conditional suspension of a sanction must be simultaneously revoked, a deprivation of liberty not exceeding five years.

2. In the cases referred to in paragraph 1 letters c and d, the Criminal Assize Court shall be composed of three judges and four lay judges if their involvement is requested by the public prosecutor in the indictment or by the accused, the defense counsel or the victim within ten days from the notification of the indictment.

[75] Art. amended by Law of 15.12.2011; in force since 7.2.2012 - BU 2012, 69; previous amendments: BU 2010, 245 and 528.

[77] 1 The Criminal Appeals Court is composed of three judges from the Public Law Chamber of the Court of Appeal.

2 It rules on appeals against procedural acts and against non-appealable decisions provided for by the Criminal Procedure Code of 5 October 2007 (CPC).

3 It also decides on appeals against decisions concerning the execution of penalties and measures in cases provided for by law.

4 … [78]

5 … [79]

[77] Art. amended by L 20.4.2010; in force since 1.1.2011 - BU 2010, 245; previous amendments: BU 2006, 297; BU 2007, 5.

[78] Para. abrogated by L 14.12.2015; in force since 5.2.2016 - BU 2016, 41.

[79] Para. abrogated by L 14.12.2015; in force since 5.2.2016 - BU 2016, 41; previous amendments: BU 2012, 69 and 364.

[81] 1 The Court of Criminal Appeal and Revision is composed of three judges from the Civil Law Section of the Court of Appeal and adjudicates

a. appeals lodged against judgments of first-instance courts;

b. applications for revision.

2 It adjudicates with a panel of three judges.

3 The Court of Criminal Appeal and Revision adjudicates with a panel of three judges and four lay assessors (jurors) in cases where the challenged judgment was rendered by a court with the participation of lay assessors (jurors).

4 Paragraph 3 is inapplicable in cases covered by Article 406, paragraph 1, letters b, c, and d of the Criminal Procedure Code (CPC).

5 For other matters, the provisions concerning the participation of lay assessors (jurors) regarding first-instance judicial procedure are applicable by analogy.

6 The presiding judge may convene the Court in a location other than the seat of the Court of Appeal.

[81] Art. amended by L 15.12.2011; in force from 7.2.2012 - BU 2012, 69; previous amendment: BU 2010, 245.

… [83]

[83] Article repealed by Law 26.11.2013; in force from 1.7.2015 - BU 2015, 164.

... [85]

[85] Article repealed by Law 15.3.2011; in force since 1.1.2011 – BU 2011, 265; previous amendment: BU 2007, 753.

[86] 1 The Public Prosecution Office is based in Lugano and is composed of a Prosecutor General, twenty-two public prosecutors, and four deputy public prosecutors with jurisdiction over the entire territory of the Canton. [87]

2 The Prosecutor General designates, from among the public prosecutors, two Deputy Prosecutors General and any chief public prosecutors, who direct the sections and sub-sections of the Public Prosecution Office. [88]

[86] Art. amended by L 20.4.2010; in force since 1.1.2011 - BU 2010, 245; previous amendment: BU 2007, 5.

[87] Para. amended by L 6.10.2025; in force since 12.12.2025 - BU 2025, 337; previous amendment: BU 2021, 159.

[88] Para. amended by L 23.9.2014; in force since 14.11.2014 - BU 2014, 486.

[89] **1** The components of the Public Prosecutor's Office shall substitute for each other in cases of exclusion or recusal, subject to the jurisdiction of the Criminal Complaints Court.

**2** In the event of impediment, the Attorney General shall be deputized by a Deputy Attorney General.

[89] Art. amended by L 20.4.2010; in force since 1.1.2011 - BU 2010, 245.

[90] 1 The Public Prosecution Office is the criminal prosecution authority in accordance with the provisions of the Criminal Procedure Code (CPC).

2 The public prosecutor issues arrest warrants in accordance with Article 53 of the Federal Act on Administrative Criminal Law of 22 March 1974; the jurisdiction of the coercive measures judge is reserved.

3 The Public Prosecution Office is divided into two subject-matter specialised sections, competent for

a) ordinary offences, offences under special federal and cantonal legislation, and contraventions;

b) economic and financial crimes and international judicial assistance.

4 The Prosecutor General establishes the composition of the sections, as well as the criteria for the distribution of proceedings, and may assign individual cases to public prosecutors, after consulting the Deputy Prosecutor General or the concerned Chief Public Prosecutor; for the needs of the office and for criminal prosecution requirements, he may temporarily relocate one or more public prosecutors throughout the territory, establish sub-sections, and modify the assignment of specific individual matters, public prosecutors, and officials between the sections. [91]

5 The Deputy Prosecutors General, in accordance with the instructions of the Prosecutor General, manage the sections to which they are assigned, oversee their organisation, ensure collaboration among magistrates, and assign proceedings.

6 Each public prosecutor acts autonomously within the scope of proceedings under his competence; in cases of serious non-compliance or delays, the Prosecutor General, in agreement with the concerned Deputy Prosecutor General, may assign competence to other public prosecutors.

7 Aggregated to the Public Prosecution Office are 4 assistant public prosecutors; they are appointed by the Grand Council for a period of ten years. [92]

8 Assistant public prosecutors assist public prosecutors and prosecute contraventions, misdemeanours, and felonies. They may issue decrees of discontinuance, suspension, and abandonment, may issue indictments, and bring charges before the Criminal Justice of the Peace. To access one of the two Courts of the Cantonal Criminal Court, the Criminal Appeals and Revisions Court, or the Federal Supreme Court, authorisation from the Prosecutor General or the Deputy Prosecutor General of the assigned Section is required. [93]

9 The legal provisions governing the activity of the public prosecutor also apply, within the limits of their competences, to assistant public prosecutors. [94]

10 If, during the investigations, it emerges that an offence assigned to an assistant public prosecutor is of such gravity as to make the bringing of charges before one of the two Courts of the Cantonal Criminal Court, the Criminal Appeals and Revisions Court, or the Federal Supreme Court appear appropriate, the assistant public prosecutor must seek authorisation from the Prosecutor General or the Deputy Prosecutor General of the Section to which he is assigned. In case of refusal of authorisation, the Prosecutor General or the Deputy Prosecutor General may take over the criminal proceedings or assign them to another magistrate. [95]

11 The Prosecutor General or the Deputy Prosecutor General may modify, even during the course of a procedure, the assignment of files initially entrusted to assistant public prosecutors. [96]

[90] Art. amended by L 20.4.2010; in force since 1.1.2011 - BU 2010, 245.

[91] Para. amended by L 23.9.2014; in force since 14.11.2014 - BU 2014, 486.

[92] Para. amended by L 6.10.2025; in force since 12.12.2025 - BU 2025, 337.

[93] Para. amended by L 6.10.2025; in force since 12.12.2025 - BU 2025, 337.

[94] Para. amended by L 6.10.2025; in force since 12.12.2025 - BU 2025, 337.

[95] Para. amended by L 6.10.2025; in force since 12.12.2025 - BU 2025, 337.

[96] Para. amended by L 6.10.2025; in force since 12.12.2025 - BU 2025, 337.

[97] The Attorney General has the following powers

a) directs the Public Prosecutor's Office and supervises the activity of the Deputy Attorneys General, the Chief Public Prosecutors and the Public Prosecutors; [98]

b) establishes the internal provisions on the instructions and supervision of the judicial police;

c) ensures compliance with the criteria for the distribution and attribution decisions of cases to public prosecutors;

d) resolves conflicts of jurisdiction;

e) decides on substitutions in accordance with Art. 66 para. 1;

f) represents the Public Prosecutor's Office;

g) decides on the allocation and responsibilities of personnel and the use of resources and is responsible for the organization of the office;

h) authorizes individual judicial secretaries, exclusively in contravention cases, to direct criminal proceedings, issue decrees of non-prosecution, suspend or abandon criminal proceedings, issue indictments, bring charges, and represent the Public Prosecutor's Office in the competent judicial venues. [99]

[97] Art. amended by Law of 20.4.2010; in force since 1.1.2011 - BU 2010, 245.

[98] Sub-para. amended by Law of 23.9.2014; in force since 14.11.2014 - BU 2014, 486.

[99] Sub-para. introduced by Law of 12.3.2024; in force since 17.5.2024 - BU 2024, 130.

[100] **1** The Public Prosecutor's Office and the judicial authorities may, within the scope of their respective competences and under their supervision, issue instructions and confer mandates to the judicial police, in accordance with the rules of criminal procedure.

**2** The Public Prosecutor's Office may delegate to its own officials or to the police the questioning of accused persons, persons informed of the facts, and witnesses, and the collection of other evidence.

**3** Other prosecution activities assigned to the police by criminal procedure are reserved.

**4** In urgent cases, the cantonal police may carry out preliminary judicial police operations, such as arrest and the seizure of documents and objects, immediately notifying the public prosecutor.

[100] Art. amended by Law of 20.4.2010; in force since 1.1.2011 - BU 2010, 245.

[102] 1 There are four judges of coercive measures, including the president, with jurisdiction over the entire territory of the Canton, who constitute an Office based in Lugano. [103]

2 The members of the Office of the Judge of Coercive Measures substitute each other in cases of exclusion or recusal.

3 In cases of exclusion or recusal of all members of the Office, the Criminal Appeals Court designates an extraordinary judge, who must meet the requirements to be a judge of coercive measures.

[102] Art. amended by L 20.9.2016; in force since 7.3.2017 - BU 2017, 31; previous amendment: BU 2010, 245.

[103] Para. amended by L 1.6.2021; in force since 6.8.2021 - BU 2021, 242.

[104] 1 The judges of coercive measures exercise the powers provided for by the Code of Criminal Procedure and other laws; they are competent to select information according to Art. 271 para. 1 CCP. [105]

2 The judges of coercive measures collegially decide the criteria for the internal distribution of proceedings.

3 Each judge of coercive measures acts autonomously within the scope of the proceedings for which they are competent.

[104] Art. amended by L 20.4.2010; in force since 1.1.2011 - BU 2010, 245.

[105] Para. amended by L 15.3.2011; in force since 1.1.2011 - BU 2011, 265.

[106] The president has the following powers

a) coordinates the activity of the Office and supervises its functioning;

b) convenes and presides over the panel of judges for coercive measures;

c) supervises the application of the criteria for the distribution of proceedings;

d) resolves conflicts of jurisdiction;

e) decides on substitutions in accordance with Art. 70 para. 2;

f) represents the Office of the judge for coercive measures.

[106] Art. amended by L 20.4.2010; in force since 1.1.2011 - BU 2010, 245.

[107] 1 Judges for coercive measures act as judges for the execution of sentences, with jurisdiction over the entire territory of the Canton, in cases established by law.

2 For recusal, the provisions of the CPP apply by analogy; the relevant decision falls, if necessary, to the Criminal Appeals and Revisions Court.

[107] Art. modified by Law of 20.4.2010; in force since 1.1.2011 - BU 2010, 245; previous modification: BU 2007, 5.

1 The Disciplinary and Supervisory Power over Magistrates and Persons Performing Judicial Functions is Reserved to the Judicial Council.

2 The Judicial Council has its seat in Lugano.

1 The Judicial Council consists of 7 members and 5 substitutes.

2 The term of office is six years, and members and substitutes are re-eligible for a maximum of twelve years in total; Article 21 is also applicable.

The office of member and substitute is incompatible with that of State Councillor, member of the federal Chambers, member of the Grand Council, and official of communal, cantonal, and federal administrations.

1 Three members and two substitutes must be chosen from among the sitting magistrates who perform their duties full-time.

2 They are elected by the assembly of full-time magistrates by relative majority, in the presence of two-thirds of its members.

3 The assembly of full-time magistrates, convened and directed by the President of the Court of Appeal, designates, from among the members it has chosen, the president and vice-president of the Judicial Council, who serve for six years.

4 The assembly establishes further modalities inherent to the election procedure with internal regulations.

5 Four members and three substitutes of the Judicial Council are elected by the Grand Council from among other magistrates, former magistrates, or other active citizens; no more than two members and one substitute may be chosen from among lawyers registered with the Bar Association of the Canton of Ticino.

Members and substitute members of the Judiciary Council assume office upon release of the declaration of fidelity to the Constitution and the laws, by signing the relevant certificate which is delivered to them by the President of the Grand Council.

1 The Judicial Council shall be convened by its president whenever necessary and when requested by three of its members or by the assembly of magistrates, but at least twice a year.

2 Its duties are

a) the examination of the functioning of justice with the presentation of an annual report to the Council of State;

b) the reporting to the Department of Institutions of any organizational problems;

c) the adoption of precautionary measures and, in serious cases, urgent precautionary measures, where disciplinary proceedings are pending, as well as, at the end of the proceedings, disciplinary sanctions against magistrates; [109]

d) the dismissal of magistrates when, due to physical or mental illness or other causes, they cannot adequately perform the duties of their office;

e) the release of a magistrate from official secrecy; [110]

f) the prior notice on the candidacies of those already holding office in a function subject to its supervision; [111]

g) the elaboration of a code of ethics to be published in the Official Bulletin of Laws and Executive Acts. [112]

3 In the event of dismissal due to physical or mental illness or other causes, the provisions concerning the termination of the employment relationship set out in Art. 60 paras. 1, 2, 3 lett. b, c, d, and paras. 5, 60a paras. 2 and 3, and 61 of the Law on the Organization of State Employees and Teachers shall apply to the magistrate. [113]

4 … [114]

[109] Letter amended by L 16.10.2024; in force since 20.12.2024 - BU 2024, 333.

[110] Letter introduced by L 27.2.2007; in force since 1.9.2007 - BU 2007, 603.

[111] Letter introduced by L 27.2.2007; in force since 1.9.2007 - BU 2007, 603.

[112] Letter introduced by L 20.5.2025; in force since 25.7.2025 - BU 2025, 151.

[113] Paragraph amended by L 17.4.2012; in force since 1.8.2012 - BU 2012, 308.

[114] Paragraph repealed by L 27.2.2007; in force since 1.9.2007 - BU 2007, 603.

[115] 1 In the event of a magistrate's failure to perform their duties or conduct that offends the dignity of the judiciary, the Council may impose, including cumulatively, the following disciplinary sanctions

a) a reprimand;

b) a fine of up to three gross monthly salaries, with a minimum of CHF 10,000;

c) suspension for up to 12 months with forfeiture of the right to receive remuneration;

d) removal from the office of president or vice-president or prohibition from assuming such office for a period of up to ten years;

e) transfer of the magistrate to another judicial office or to another function within the same judicial office;

f) prohibition from carrying out other activities (Art. 19 para. 4);

g) dismissal. [116]

2 When determining the disciplinary sanction, the gravity of the act, the degree of fault, and the magistrate's prior conduct must be considered.

3 A dismissed magistrate becomes ineligible for any judicial office.

4 A dismissed magistrate shall only receive the vested benefits in accordance with the pension regulations of the Pension Institute of the Canton of Ticino: in the event of an occurrence from the age of 60, the magistrate is entitled to old-age retirement benefits. [117]

[115] Art. modified by Law of 17.4.2012; in force since 1.8.2012 - BU 2012, 308.

[116] Para. modified by Law of 16.10.2024; in force since 20.12.2024 - BU 2024, 333.

[117] Para. introduced by Law of 6.11.2012; in force since 1.1.2013 - BU 2012, 635.

1 Disciplinary proceedings are initiated by the Council of the Judiciary *ex officio* or upon a reasoned report from an authority or a third party.

2 The complainant does not have the standing of a party in the proceedings.

3 The investigated magistrate must be guaranteed the right to be heard, to consult the files, and to submit evidence.

Interim Measures [118]

[118] Marginal note modified by Law of 16.10.2024; in force since 20.12.2024 - BU 2024, 333.

1 The Judicial Council may, on a provisional basis, when the circumstances of the case justify it

– impose rules of conduct;

– adopt organizational measures aimed at ensuring the proper functioning or the image of the judicial authority concerned by the proceedings;

– suspend the magistrate from any office or function within the judicial authority, transfer him to another judicial office, or suspend the right to carry out other activities (Art. 19 para. 4);

– suspend from office the magistrate subject to criminal proceedings or disciplinary proceedings. [119]

2 During the precautionary suspension, the magistrate's remuneration may be suspended in whole or in part; in such a case, arrears shall be paid to him if the proceedings do not conclude with dismissal.

[119] Para. amended by L 16.10.2024; in force from 20.12.2024 - BU 2024, 333.

1. The President of the Council of the Judiciary may dismiss manifestly unfounded complaints, giving notice to the magistrate concerned, the complainant, and the other members of the Council.

**2. If the complainant, within the prescribed period, insists on the complaint, the President shall submit it to the Council for its decision which, in case of confirmation of the presidential decision, may apply a court fee of up to CHF 2000.**

1 The Judicial Council has the power to take evidence ex officio and may delegate this task to one of its members.

2 Official secrecy cannot be invoked against the Judicial Council.

3 The Public Prosecutor notifies the Judicial Council of the existence of criminal proceedings against a magistrate as soon as possible, but at the latest within three months of the opening of the investigation. Judicial and administrative authorities inform the Judicial Council about conviction decisions for criminal or administrative infractions pronounced against a magistrate in Switzerland or abroad, to the extent that they become aware of them. [120]

[120] Para. amended by Law of 4.6.2012; in force since 10.8.2012 - BU 2012, 364.

1 The Judicial Council, subject to Art. 83 para. 1, shall deliberate in full session and by majority vote.

2 The Council's decision must be reasoned.

3 The Judicial Council has the power to remove the suspensive effect of an appeal. [121]

4 The decision shall be notified to the magistrate, the Council of State, and the Grand Council, through its president. It shall be notified solely to the Council of State if it concerns popularly elected magistrates. It shall also be notified to the complainant, if applicable, by extract.

5 The Judicial Council has the power to order the publication of the decision if particular circumstances justify it.

[121] Para. reintroduced by L 16.10.2024; in force since 20.12.2024 - BU 2024, 333; previous amendment: BU 2007, 603.

[122] 1 An appeal against a decision of the Judicial Council may be filed with the Judicial Appeals Commission within thirty days.

2 The Appeals Commission may, ex officio or upon application by a party, adopt, amend or revoke interim measures.

3 The appeal has suspensive effect on the decision of the Judicial Council, unless the Appeals Commission decides otherwise, ex officio or upon proposal of the Judicial Council.

4 The decision of the Appeals Commission is final and immediately enforceable.

5 The Appeals Commission shall be composed of a president, two members and two substitutes elected by the Grand Council who must fulfil the eligibility requirements under Art. 17 para. 1. For the rest, the provisions concerning the Judicial Council shall apply by analogy.

6 Art. 85 para. 4 and 5 shall apply.

[122] Art. amended by Law of 16.10.2024; in force since 20.12.2024 - BU 2024, 333; previous amendments: BU 2007, 603 and 608; BU 2013, 472.

[123] 1 The right to impose disciplinary punishment expires one year from the day on which the supervisory authority became aware of the facts contested.

2 The limitation period is interrupted by any investigative act of the supervisory authority.

3 Disciplinary action is definitively time-barred ten years after the commission of the facts contested.

4 Any longer limitation period for acts punishable under criminal law is reserved.

[123] Art. amended by L 27.2.2007; in force since 1.9.2007 - BU 2007, 603.

[124] 1 The provisions of the CPC apply by analogy to the recusal of members and substitute members of the Council of the Judiciary and the Appeals Commission.

2 The Council of the Judiciary and the Appeals Commission shall decide on the recusal, without the recused member and by completing their number with substitute members.

3 If the recusal concerns all members of the Council of the Judiciary or the Appeals Commission, the Court of Appeal shall decide; in case the application is upheld, the Court of Appeal shall appoint new members, in compliance with the rules on the constitution and requirements of the members of the Council of the Judiciary and the Appeals Commission.

[124] Art. amended by L 24.6.2010; in force since 1.1.2011 - BU 2010, 314.

[125] The provisions of the Administrative Procedure Law of September 24, 2013 are applicable by analogy in cases not expressly provided for by this Law.

[125] Art. amended by Law of September 24, 2013; in force since March 1, 2014 – BU 2013, 481.

[126] 1 The term of office for lay judges at the first instance and appellate levels, elected following the legislative revision concerning the establishment of the figure of lay judge for the Cantonal Criminal Court and the Court of Appeal and Criminal Revision, shall end upon the full renewal of the Court of Appeal.

2 Proceedings pending at the time of the entry into force of this law shall continue according to the new law, unless the following provisions stipulate otherwise.

3 If already opened before the entry into force of this legislative amendment, the first instance or appellate hearing shall continue according to the previous law by the same judicial panel.

[126] Art. reintroduced by Law of 15.12.2011; in force since 7.2.2012 - BU 2012, 69; previous amendment: BU 2009, 159.

[127] At the Public Prosecutor's Office, for the period starting from the assumption of office until December 31, 2028, an extraordinary Public Prosecutor shall be appointed by the Grand Council; their fee shall be that provided for Public Prosecutors under the Law on the Fees of Magistrates of May 14, 1973.

[127] Art. introduced by Law of 6.10.2025; in force since 1.1.2026 - BU 2025, 374.

1 The Council of State shall issue the necessary regulations for the application of this law.

2 The Court of Appeal reserves the right to issue its own regulations.

The Civil and Criminal Judicial Organic Law of November 24, 1910, with subsequent amendments, is hereby repealed.

After the expiration of the period for exercising the right of referendum, this law with its annex shall be published in the Official Bulletin of Laws and Executive Acts and shall enter into force immediately. [128]

Published in OB 2006, 216 and 279.

Transitional law of the Law on the Application of the Swiss Code of Civil Procedure of June 24, 2010 (LACPC) - OB 2010, 311.

1 The term of office for ad hoc judges (pretori aggiunti) is aligned with that of judges (pretori).

2 Appeals in cassation which, by virtue of transitional law, are assigned to the Civil Cassation Chamber, shall be heard by the Civil Appeals Chamber.

3 Decisions prohibiting the unlawful use of a property for parking purposes issued on the basis of Article 375 *bis* and the possibility of imposing a fine according to Article 375 *ter* of the Code of Civil Procedure of February 17, 1971 shall lapse ten years after the entry into force of the Swiss Code of Civil Procedure of December 19, 2008.

[128] Entry into force: July 14, 2006 - OB 2006, 232.