Regulation on Electronic Surveillance in Civil Matters

This regulation governs the execution of electronic surveillance in the civil sphere by means of an electronic device, affixed to the perpetrator, which allows for continuous detection of their location.

The regulation applies to persons and authorities involved in the execution of electronic surveillance measures in civil matters.

The competent authorities for the execution of the electronic surveillance measure in the civil context are the Department of Institutions, the Division of Justice, and the Office of Rehabilitative Assistance.

The Department of Institutions

a) enters into supply and service contracts;

b) decides to entrust public or private entities with tasks relating to execution;

c) issues implementation directives;

d) promotes projects for the implementation of active surveillance.

The Justice Division

a) supervises the operations of the Office for Rehabilitative Assistance;

b) collaborates with other Cantons, as well as with public and private entities, for the execution of electronic surveillance;

c) collects annual activity data concerning the execution of electronic surveillance.

The Office for Rehabilitative Assistance

a) receives confirmation from the judge of the notification of the decision regarding the use of electronic surveillance;

b) contacts the offender and, in case of unavailability, informs the judge without delay;

c) schedules, applies, removes the electronic device on the offender, providing the necessary explanations;

d) informs the judge of the start date of the surveillance;

e) monitors the execution passively (deferred);

f) informs the judge without delay in case of violation of the prohibition against tampering with the electronic device and of any other relevant circumstance;

g) provides the judge and the judicial authority with the data collected by the electronic device and the necessary supporting information;

h) deletes the data collected by the electronic device within 12 months from the start of the surveillance;

i) collects participation fees from the offender.

The Information Systems Center guarantees consultation and supervision on technical aspects related to the preservation of data managed by the Office of Rehabilitation Assistance.

Electronic surveillance is carried out through the use of an electronic device.

1 Any manipulation of the device is prohibited.

2 Any damages caused intentionally or through gross negligence must be compensated by the perpetrator.

1 The judge determines the daily rental costs of the electronic device, taking into account the offender's economic situation.

2 The minimum daily rental cost is 15 francs.

3 To the extent that they are not recoverable from the offender or from the person responsible for their maintenance, the costs are advanced by the State.

4 Advances made by the State over the last 10 years may be recovered from the offender, taking into account their economic situation.

The data recorded during electronic surveillance cannot be used for any purpose other than to monitor compliance with the prohibitions imposed by the judge.

This Regulation shall be published in the Official Bulletin of Laws and shall enter into force on January 1, 2022.

Published in OB 2021 , 338.