Law on Procedure for Petty Offences

1 This Act applies to contraventions of federal and cantonal laws, allocated for judgment to cantonal administrative authorities.

2 The procedure before the administrative authority and the judicial authorities is governed by the Criminal Procedure Code of 5 October 2007.

3 Provisions provided for by federal legislation or by special laws remain reserved.

A court fee of CHF 20.-- to CHF 2000.-- is applied to the condemned person for the issuance of the indictment decree; the costs incurred by the proceedings are charged in accordance with the law on judicial tariffs.

1 The Swiss Penal Code of December 21, 1937 (PC) applies to the statute of limitations for prosecution and punishment, for contraventions provided for by cantonal laws; special laws remain reserved.

2 Article 107 PC concerning community service is also applicable.

The administrative authority that issued the indictment decree sets a period of one to twelve months for the convicted person to pay the fine.

The administrative authority designated by the Council of State may order payment by installments and extend deadlines.

1 In default of payment within the stipulated period or redemption through labour, fines shall be collected by the administrative authority designated by the Council of State, to which a copy of every decision concerning fines must be served.

2 The administrative authority designated by the Council of State may avail itself of the services of the collection offices of the cantonal gendarmerie.

1 The administrative authority designated by the Council of State may request from the municipality of the offender's domicile a certificate regarding the offender's economic situation.

2 If the offender appears solvent, the authority shall proceed with the collection of the fine in accordance with the provisions of the Federal Law of April 11, 1889, on Debt Enforcement and Bankruptcy.

1. Fines that cannot be collected shall be commuted into substitute custodial sentences or community service by the administrative authority that imposed them.

2. For contraventions of cantonal laws, Articles 106(2)-(5) and 107 of the Criminal Code shall apply.

3. If the administrative authority issues a bill of indictment, the commutation shall be decided by the judge responsible for the execution of sentences, whose decision may be challenged by way of appeal before the Court of Appeal and Criminal Revision.

1. The Council of State may, if exceptional circumstances justify it, remit in whole or in part a fine that has become final, as well as the fees and costs. [1]

2. The decision of the Council of State is final.

[1] Para. amended by L 23.9.2014; in force since 14.11.2014 - BU 2014, 489.

[2] The cantonal administrative authorities competent for prosecuting contraventions are entitled to appeal in proceedings falling within their competence.

[2] Art. introduced by the Law of 4.6.2012; in force since 10.8.2012 - BU 2012, 366.

[3] Before the criminal authorities for contraventions, the accused may be represented by a legal representative not entered in the cantonal register or the public roll according to the Federal Act of 23 June 2000 on Lawyers.

Published in BO 2010, 253.

Entry into force: 1 January 2011 - BO 2010, 253.

[3] Art. introduced by L 4.6.2012; in force since 10.8.2012 - BO 2012, 366.