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211.1 GOGLOJTAP CH-ZH

Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) (GOG)

202 Articles / Provisions · Switzerland · Canton of Zurich
Open official source Machine-readable Markdown (.md)

Table of Provisions (202)

Art. 1 Art. 2 Art. 3 Art. 4 Art. 5 Art. 6 Art. 7 Art. 8 Art. 9 Art. 10 Art. 11 Art. 12 Art. 13 Art. 14 Art. 15 Art. 16 Art. 17 Art. 18 Art. 19 Art. 20 Art. 21 Art. 22 Art. 23 Art. 24 Art. 25 Art. 26 Art. 27 Art. 28 Art. 29 Art. 30 Art. 31 Art. 32 Art. 33: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Art. 34 Art. 35 Art. 36 Art. 37 Art. 38 Art. 39 Art. 40 Art. 41: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Art. 42 Art. 43 Art. 44: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Art. 45 Art. 46 Art. 47 Art. 48 Art. 49 Art. 50 Art. 51 Art. 52 Art. 53 Art. 54 Art. 55 Art. 56 Art. 57 Art. 58 Art. 59 Art. 60 : Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Art. 61 Art. 62 Art. 63 Art. 64 Art. 65 Art. 66 Art. 67 Art. 68 Art. 69 Art. 70 Art. 71 Art. 72 Art. 73 Art. 74 Art. 75 Art. 76 Art. 77 Art. 78 Art. 79 Art. 80 Art. 81 Art. 82 Art. 83 Art. 84 Art. 85 Art. 86 Art. 87 Art. 88 Art. 88a Art. 88b Art. 89 Art. 90 Art. 91 Art. 92 Art. 93 Art. 94 Art. 95 Art. 96: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Art. 97 Art. 98 Art. 99 Art. 100 Art. 101 Art. 102 Art. 103 Art. 104 Art. 105 Art. 106 Art. 107 Art. 108 Art. 109 Art. 110 Art. 111 Art. 112 Art. 113 Art. 114 Art. 115 Art. 116 Art. 117 Art. 118 Art. 121 Art. 122 Art. 123 Art. 124 Art. 125 Art. 125a : Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Art. 126 Art. 127 Art. 128 Art. 129 Art. 130 Art. 131 Art. 132 Art. 133 Art. 134 Art. 135 Art. 136 Art. 136a Art. 137 Art. 138 Art. 139 Art. 140 Art. 141 Art. 142 Art. 142a Art. 143 Art. 144 Art. 145 Art. 146 Art. 147 Art. 147a Art. 148 Art. 149 Art. 150 Art. 151 Art. 151a Art. 151b Art. 151c Art. 151d Art. 151e Art. 152 Art. 153 Art. 154 Art. 155 Art. 156 Art. 157 Art. 157a Art. 158 Art. 159 Art. 160 Art. 161 Art. 162 Art. 163 Art. 164 Art. 165 Art. 166 Art. 167 Art. 168: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Art. 169 Art. 170 Art. 171 Art. 172 Art. 173 Art. 174 Art. 175 Art. 175a Art. 176 Art. 199 Art. 200 Art. 201 Art. 202 Art. 203 Art. 204 Art. 205 Art. 206 Art. 207 Art. 208 Art. 209 Art. 210 Art. 211: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Art. 212 Art. 399

Statutory Text (202 Articles)

Art. 1: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

This Act

a. regulates the organisation of the authorities and their jurisdiction in civil and criminal proceedings;

b. contains the procedural provisions necessary for the implementation of the Swiss Code of Civil Procedure (CCP) of 19 December 200828, the Swiss Code of Criminal Procedure (CrPC) of 5 October 200733, and the Swiss Code of Criminal Procedure for Minors (JCCP) of 20 March 200934;

c. determines the competent courts in special proceedings based on the Civil Code (CC)25 and regulates the procedure to be applied by these courts;

d. regulates the jurisdiction of the courts for orders of voluntary jurisdiction (Art. 1 lit.70 b CCP);

e. determines the competent courts for coercive measures in certain areas of administrative law;

f. regulates the judicial administration of the highest cantonal courts.

Subject Matter

Art. 2: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The ZPO, the StPO, the JStPO, and this law also apply, subject to cantonal

reservations for specific provisions, to the civil and criminal law of the canton

as well as to the law on minor offenses of the municipalities.

Criminal Law

1.10.24-126

1

211.1

Part 2: Courts

Section 1: General Provisions

Courts

Seat

Election

Ancillary Activities

of Judges

Disclosure

of Conflicts of Interest

Art. 3: Law on Court and Authority Organization in Civil and Criminal Procedure (GOG) Open official source

1 For civil and criminal proceedings, there exist

a. in each district, a District Court with Labor, Tenancy, and Juvenile

Courts,

b. the High Court with a Commercial Court.

2 If the District Court consists of several divisions, it transfers

the powers of the Juvenile Court to one division.

3 The courts decide on further matters, insofar as

this or another law so determines.

Art. 4 : Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The District Courts have their seat in the district capital. The High Court has its seat in Zurich.

Art. 5: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The Law on Political Rights of September 1, 2003 (LPR) regulates the election procedure, the eligibility, the obligation to serve, and the term of office of judges, insofar as this law does not stipulate otherwise.

Art. 6: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The professional representation of parties is prohibited

a. for full-time members and substitute members of the District Courts

and the High Court before all courts,

b. for part-time members of the District Courts and the High Court

before these courts,

c. for non-full-time substitute members of the District Courts and

the High Court, assessors of the Labor and Tenancy Courts,

and commercial judges before the court to which they belong.

2 Full-time and part-time members of the High Court may only

belong to the management or administration of a commercial company

or a cooperative pursuing economic purposes with the permission of

the Cantonal Council.

Art. 7: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

49

1 Upon commencing their term of office, all members and alternate

members of the District Courts and the High Court, lay judges of a

labour or rent court, as well as commercial judges, shall inform in writing

the court to which they belong about

a. secondary professional activities or their main professional activity,

b. activities in leadership and supervisory bodies of municipal, cantonal,

Swiss, and foreign corporations, institutions, and foundations under

private and public law,

2

GOG

GOG

211.1

c. permanent management and advisory functions for interest groups,

d. participation in commissions and other bodies of the Confederation, the

Canton, and the municipalities,

e. membership in a political party.

2 Changes must be reported at the beginning of each calendar year.

Professional secrecy remains reserved.

3 Each court shall maintain a register of the information pursuant to para. 1

and make it publicly accessible in electronic form. It shall ensure

compliance with the disclosure obligations.

2. Section: The District Courts

A. Organisation

Art. 8: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 Each District Court consists of a full-time President and full-time and part-time members.

2 Eligible as a member is any person who has completed a legal degree in accordance with Art. 7 para. 1 lit. a of the Federal Act on the Free Movement of Lawyers of 23 June 2000 (BGFA).

3 The Cantonal Council, upon application by the High Court, determines the percentage of full-time equivalents and the minimum number of members for each District Court.

4 The High Court, after consulting each District Court and prior to elections, determines the number of full-time and part-time members and establishes the employment levels for part-time positions. This also applies to by-elections.

5 District Courts may, with the consent of the individual members, change their employment levels within the scope of the total full-time equivalents. The change expires upon the departure of the member concerned or at the end of their term of office.

Art. 9: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The High Court determines the number of Vice-Presidents and single judges of the District Courts.

2 After its complete renewal, the District Court elects from among its members, by secret ballot, the Vice-Presidents and single judges for the remainder of the calendar year and annually at the end of the year for the following year.

3

211.1

GOG

Presidency of the

Labour, Rental

and Juvenile

Courts

Substitute

members

Election of the

Lay Judges

of the Labour

Courts

Election of the

Lay Judges

of the Rental Courts

Art. 10: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The District Court, following its full renewal,

elects from among its members, for its term of office, the Presidents

a. of the Labour Court,

b. of the Rent Court,

c. of the Juvenile Court.

Art. 11: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1. The High Court may, at the request of a District Court, appoint alternate members. It shall define their powers.

2. Eligible for appointment as an alternate member is any person who has a political domicile in Switzerland according to Art. 3 of the Federal Law on Political Rights of December 17, 1976$^{24}$, and has completed a legal degree according to Art. 7 para. 1 lit. 70a BGFA$^{40}$.$^{55}$

Art. 12: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 Following the complete renewal of the District Court, the lay judges of the Labour Courts shall be elected. The Cantonal Council shall, upon proposal by the High Court, determine their number for each District Court.

2 Half of the lay judges shall be representatives of the employers' side and half shall be representatives of the employees' side. The lay judges shall, if possible, be proposed equally from the following occupational groups

a. Construction and craft businesses,

b. Industrial enterprises,

c. Service businesses, trade, and hospitality industry.

3 The District Court shall obtain proposals from relevant associations, which it shall consider where possible. It shall submit a complete election proposal for both the employers' and the employees' side to the District Council.

4 Lay judges are eligible for election in multiple districts.

5 The further procedure shall be governed by §§ 53 et seq. GPR.

Art. 13: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1. Upon the complete renewal of the District Court,

the lay judges of the Rental Courts shall be elected. The Cantonal Council shall,

upon proposal of the High Court, determine their number for each District Court.

2. Half of the lay judges shall be representatives

of the landlord side and the tenant side, respectively. Two lay judges shall be lessors

and lessees from the agricultural sector.

3. The District Court shall solicit proposals from relevant associations,

which it shall consider where possible. It shall submit to the District Council a

complete electoral proposal for the landlord side and the tenant side, respectively.

4.

GOG

211.1

4. Lay judges are eligible for election in multiple districts.

5. The further procedure shall be governed by §§ 53 et seq. GPR.

Art. 14: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The District Court decides with a three-judge panel (collegial court). Reserved are the matters assigned to the single-judge court.

a. In General

Art. 15: Law on Court and Authority Organization in Civil and Criminal Procedure (GOG) Open official source

1. The Labour Court shall be composed of a President (male or female) and one lay judge (male or female) each from the employers' group and the employees' group. Cases assigned to the single judge are reserved.

2. The lay judges shall be consulted taking into account their expertise.

Art. 16: Law on the Organization of Courts and Authorities in Civil and Criminal Procedure (GOG) Open official source

1 The Rent Court shall be composed of a President (female or male) and two assessors. Reserved are the matters assigned to the Rent Court as a single judge.

**2 In disputes arising from rental and lease agreements for residential and business premises, one assessor each from the group of landlords and tenants shall be appointed.**

**3 In disputes arising from agricultural leases, one assessor each from the group of lessors and lessees shall be appointed.**

Art. 17: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The District Courts appoint the leading and the other legal and

Court Clerks as well as the administrative staff.

2 The High Court determines the number of these positions.

Art. 18: Law on Judicial and Authority Organization in Civil and Criminal Procedure (GOG) Open official source

1 The District Courts issue Rules of Procedure. In these Rules of

they may assign matters of judicial administration to permanent Procedure

commissions, individual members, or employees for resolution.

2 The Rules of Procedure must be submitted to the High Court for approval.

B. Jurisdiction of the Collegiate Court

Art. 19: Law on Court and Authority Organization in Civil and Criminal Procedure (GOG) Open official source

The District Court decides disputes at first instance - As Civil Court

to which the ordinary procedure applies, unless another a. In General

court has jurisdiction.

1.10.24-126

5

211.1

GOG

b. As

Labor Court

Art. 20: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The District Court shall decide as Labour Court in the first instance on

a. disputes arising from employment relationships between employers and employees;

b. disputes between lenders and employees;

c. disputes arising from placement relationships between recruiters or employment agencies and job seekers;

d. actions brought by organisations in accordance with Article 7 of the Gender Equality Act of 24 March 199523;

e. disputes under the Co-determination Act of 17 December 199339 (Art. 243 para. 2 let.70 e CPC).

**2 If another court also has jurisdiction over a dispute, the parties may agree in writing to its jurisdiction. The exclusion of the Labour Court may not be agreed upon in advance.**

c. As

Rental Court

Art. 21: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The Rent Court decides at first instance disputes

a. arising from rental (Art. 253a OR26) and lease agreements (Art. 276

OR26) for residential and commercial premises,

b. arising from agricultural leases in accordance with Art. 17 para. 2, 26 and 28 of the

Federal Act of October 4, 1985, on Agricultural Leases27.

2 If another court also has jurisdiction over a dispute, the

parties may agree in writing on its jurisdiction. The

exclusion of the Rent Court may not be agreed upon in advance.

As a Criminal Court

a. In General

b. As a Juvenile Court

Art. 22: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The District Court judges at first instance all criminal offenses

that do not fall within the jurisdiction of another court.

Art. 23: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The District Court decides as a Youth Court according to JSTPO.

As a Civil Court

a. In General

c. Jurisdiction of the Single Judge Court

Art. 24: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The Single Judge decides at first instance on

a. Disputes in simplified proceedings according to Art. 243 CPC,

which are not assigned to another instance,

b. Actions arising from the Debt Enforcement and Bankruptcy Law (SchKG29) according to Art. 198 let.70 e no. 2–8 CPC,

c. Matters and disputes in summary proceedings

(Part 2, Title 5 CPC, Art. 248 et seq. CPC), which are not assigned to another instance,

6

GOG

211.1

d. Special matrimonial proceedings, children's matters in family law

matters, proceedings concerning registered partnerships (Part 2 Titles 6–8 CPC, Art. 271 et seq. CPC) and actions for maintenance by relatives,

e. Enforcement (Part 2 Title 10 CPC), in particular the recognition, declaration of enforceability, and enforcement of foreign decisions.

Art. 25 : Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The President of the Labour Court, acting as a single judge, decides disputes according to § 20 up to a value in dispute of Fr. 30,000. They are entitled, and for values in dispute of at least Fr. 15,000, obliged upon request of a party, to refer the dispute to the collegial court.

Art. 26 : Law on Court and Authority Organization in Civil and Criminal Procedure (GOG) Open official source

c. The President of the Rent Court, acting as a single judge, decides disputes in accordance with § 21 up to a disputed value of CHF 30,000. He or she is entitled, and for disputed values of at least CHF 15,000, obliged upon request by a party, to submit the dispute to the collegiate court.

a.

Art. 27: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The Single Judge Court shall decide in the first instance on

a. contraventions,

b. felonies and misdemeanors, unless the public prosecutor's office requests

1. a custodial sentence exceeding one year,

2. an institutional measure (verwahrung) according to Art. 64 SCC31,

3. a treatment for mental disorders according to Art. 59 SCC31,

4. a measure for young adults according to Art. 61 SCC31,

5. a deprivation of liberty exceeding one year with simultaneously

revocable conditional sanctions, or

6. a deportation from Switzerland exceeding ten years,

c. objections against penal orders and forfeiture orders, as well as against decisions on forfeiture in orders of discontinuance.

2 If the Single Judge Court deems a penalty or measure appropriate which the public prosecutor's office could not have requested from it, it shall refer the files to the Collegiate Court in accordance with Art. 334 SCO. A remand shall not take place.

As Criminal Court

a. In

General

Art. 28: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The President of the Juvenile Court, as a single judge, decides on objections against penal orders concerning contraventions.

b. President of the Juvenile Court

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7

211.1

GOG

c. Compulsory Measures Court

Further Jurisdictions

a. Welfare Placement

b. Legal Assistance

c. Official Assistance to Arbitration Courts

d. Compulsory Measures under Administrative Law

Art. 29: Law on Court and Authority Organization in Civil and Criminal Procedure (GOG) Open official source

1 The single judge of a district court within the local jurisdiction of

the public prosecutor's office, the juvenile prosecutor's office, or

the authority for minor offences is the compulsory measures court according to

Articles 33 StPO and 34 JSTPO, 70

a. in detention proceedings,

b. in the scope of application

1. of stationary expert opinions (Art. 186 StPO),

2. of communication between defence counsel and detained person

(Art. 235 para. 4 StPO),

3.70 of unsealing in preliminary proceedings and in proceedings before the

first-instance court (Art. 248a para. 1 lit. a StPO),

4. of the bond for good conduct (Art. 373 StPO),

5.69 of judicial approval for international requests for legal assistance

concerning compulsory measures abroad (Art. 55a StPO).

2 The members of the district courts can be deployed for this function throughout

the entire cantonal territory. The High Court may appoint substitute members

for the same function for the entire cantonal territory.

3 The High Court regulates the deployment in an ordinance.

Art. 30: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

41 The Single Court decides in accordance with § 62 of the Introductory Law to the Law on Child and Adult Protection of June 25, 2012 (EG KESR)16 on complaints concerning compulsory placements (Art. 426 et seq. CC25).

Art. 31: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The Single Judge Court handles requests for legal assistance in civil matters.

2 Jurisdiction lies with the Single Judge Court at the location where the procedural act is to be carried out.

3 Intercantonal legal assistance in criminal matters is governed by § 150 of this Act and by Art. 43 et seq. of the StPO, while international legal assistance is governed by § 29 para. 1 lit. b no. 5 of this Act, Art. 54 et seq. of the StPO, and the Federal Act of 20 March 1981 on International Legal Assistance in Criminal Matters 35.70.

Art. 32: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The single judge is responsible for mutual assistance pursuant to Art. 183

para. 2, Art. 184 para. 2 and Art. 185 of the Federal Act of December 18, 1987,

on Private International Law (PILA)30, as well as for

supporting the arbitral tribunal in procedural acts

(Art. 356 para. 2 lit. 70 c CPC).

Art. 33: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

Here is the English translation

1 The single judge court is the detention judge pursuant to the Violence Protection Act of 19 June 200617 and pursuant to the Police Act of 23 April 200718.

GOG

211.1

2 The members of the District Courts may be appointed as detention judges throughout the entire cantonal territory. The High Court may appoint substitute members for the same function for the entire cantonal territory.

3 The single judge court at the District Court of Zurich

a. rules when federal law provides for the judicial order or review of coercive measures concerning foreign nationals,

b. is the detention judge pursuant to the Act on Accession to the Concordat on Measures Against Violence at Sporting Events of 18 May 200921,

c. is competent for the extension of the deletion period in cases of a significant risk of re-offending pursuant to Art. 13 para. 1 lit. b of the Intercantonal Agreement on Computer-Aided Cooperation of the Cantons in the Investigation of Violent Crimes of 2 April 2009 (ViCLAS Concordat)20.

Section 3: The High Court

A. Organization

Art. 34: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The High Court consists of a full-time President and full-time and part-time members. These form the Plenary Assembly.

**2 After hearing the High Court, the Cantonal Council determines the total percentage of positions for the members.**

**3 With the election, it determines the level of employment.**

**4 The High Court may, with the consent of individual members, alter their level of employment within the framework of the total percentage of positions. The alteration expires upon the departure of an affected member or at the end of their term of office.**68

Art. 35: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The Cantonal Council determines the number of substitute members. The High Court has the right to propose half of the substitute members for election.

Substitute members

Art. 36: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The Cantonal Council determines the number of commercial judges.

2 The Cantonal Council Commission according to Art. 75 para. 1 sentence 2 Cst.5

publicly advertises the positions and reviews the candidacies.

3.47

1.10.24-126

9

211.1

GOG

Presiding Judges

Chambers,

Commercial and

Coercive Measures

Court

Composition

Remuneration of

Members and

Compensation of

Substitute

Members

Legal and

Administrative

Staff

Ordinance

on the

Organisation

Art. 37: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The Plenary Assembly elects, after its complete renewal, for the remainder of the calendar year and then at the end of each year for the following year, one of its members as President and the necessary Vice-Presidents.

Art. 38: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The High Court forms chambers for the handling of individual

legal disputes and the Commercial Court. The Commercial

Court consists of members of the High Court as well as commercial

judges.

a.

2 The High Court determines at the times according to § 37

b. the members of the chambers,

c. the members of the Commercial Court as well as its president and

its vice-president,

d. a member who performs the duties according to § 47 (Coercive Measures

Court), and their deputy.

Art. 39: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The divisions of the High Court decide with a panel of three judges, unless this or another law prescribes a panel of five judges.

2 Subject to Section 45, the Commercial Court is constituted for the handling of individual legal disputes with two members of the High Court and three commercial judges, who are designated taking into account their expertise.

Art. 40: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The Cantonal Council regulates the remuneration of the members and the compensation of the substitute members of the High Court.

Art. 41: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The High Court appoints the Secretary General, the Deputy Secretaries General, the Senior and other court clerks, and the administrative staff.

Art. 42: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The Plenary Assembly issues a regulation concerning the

organisation of the High Court.

2 Affairs of the judicial administration may be delegated to standing commissions,

individual members or employees for settlement.

10

GOG 211.1

B. Jurisdiction

Art. 43: Law on Court and Authority Organization in Civil and Criminal Procedure (GOG) Open official source

The High Court decides as the sole instance

a. Disputes according to Art. 5 para. 1 lit. 70 f CPC,

b. Disputes according to Art. 8 CPC,

c. Disputes in which federal law prescribes a single cantonal

instance and cantonal law does not specify any other jurisdiction.

Art. 44: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The Commercial Court decides as the sole instance disputes in accordance with

a. Art. 5 para. 1 lit. 70 a–e and h CPC,

b. Art. 6 para. 2, 3 and 4 lit. 70 b CPC, where the value in dispute is at least

CHF 30,000.

Art. 45: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The President of the Commercial Court or a member of the Commercial Court designated by them shall decide as a sole instance and single judge on

a. Disputes according to Art. 5 para. 1 lit. 70 g CPC,

b. Orders according to Art. 5 para. 2 and Art. 6 para. 5 CPC,

c. Disputes according to Art. 250 lit. 70 c CPC, where the value in dispute is at least CHF 30,000,

d. Legal protection in clear cases (Art. 257 CPC) within the jurisdiction of the Commercial Court.

Art. 46: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The High Court is the competent court pursuant to Article 356

paragraphs 1 and 2 lit. 70 a and b CPC.

Art. 47: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

**A Member of the High Court**

a.44 is, subject to the jurisdiction of Sections 29 and 33, the Coercive Measures Court pursuant to the Code of Criminal Procedure (StPO), the Juvenile Criminal Procedure Code (JStPO), the Police Organization Act of November 29, 200419, and the Police Act18;

b. decides, outside of criminal proceedings, on invasive sampling and the analysis of the sample for the creation of a DNA profile pursuant to Art. 7 para. 3 let. 70 b* of the DNA Profile Act of June 20, 2003;

c.58 is the authorizing authority pursuant to Art. 37 para. 3 of the Federal Act of March 18, 2016 concerning the Surveillance of Postal and Telecommunications Traffic (BÜPF)38.

*Today: Art. 6 para. 1.

1.10.24 - 126

As sole

instance in

civil matters

a. High Court

in general

b. Commercial

Court

c. Single Judge

of the Commercial

Court

In arbitration

matters

As Coercive

Measures

Court

11

211.1

GOG

As appellate

instance

a. In civil matters

b. In criminal matters

c. In special

proceedings

based on the

Civil Code (ZGB)

d. In administrative

law proceedings

Art. 48: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The Higher Court is the appellate and complaints instance in accordance with the Code of Civil Procedure.

Art. 49: Law on Court and Authority Organization in Civil and Criminal Procedure (GOG) Open official source

The Cantonal Court is the court of appeal and the appellate body for complaints in accordance with the Criminal Procedure Code and the Juvenile Criminal Procedure Code.

Art. 50: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The High Court decides appeals against41

a. Decisions of the Single Judge in accordance with § 30 (compulsory placements for welfare purposes),

b. Decisions of the District Council as the appellate body against decisions of the Child and Adult Protection Authority (KESB; § 63 EG KESR16),

c. Decisions of the competent Directorate of the Government Council regarding name changes (§ 45 EG zum ZGB15).

Art. 51 : Law on the Organization of Courts and Authorities in Civil and Criminal Procedure (GOG) Open official source

1 The High Court decides appeals against decisions of the District Courts based on substantive administrative law, unless this or another law stipulates otherwise.

2 Decisions pursuant to § 47 lit. b can be challenged before the High Court by means of an appeal in accordance with the provisions of the VRG.

3 The High Court is the appellate body pursuant to Art. 37 para. 3 BÜPF38. The provisions of the VRG apply supplementarily to the procedure.58

Conciliation

Authorities

Part 3: Conciliation Authorities

Section 1: General Provision

Art. 52: Law on Judicial and Authority Organization in Civil and Criminal Procedure (GOG) Open official source

Conciliation authorities according to the CPC are

a. the justices of the peace,

b. the Parity Conciliation Authority for disputes under the Gender

Equality Act,

c. the Parity Conciliation Authorities in rental and lease matters.

12

GOG

211.1

Section 2: Justices of the Peace

Art. 53: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 Each political municipality shall have at least one justice of the peace.

Several municipalities within the same district may jointly arrange for the performance of the duties of the justice of the peace.

2 If several municipalities form a justice of the peace district (special purpose association), the Government Council shall obtain a report from the High Court before approval.

3 If the municipal territory consists of several administrative districts, the Government Council may, upon application by the municipal executive and after consultation with the High Court, merge justice of the peace districts.56

Art. 54: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The GPR regulates the election procedure, eligibility, compulsory acceptance of office, and term of office of justices of the peace, insofar as this law does not stipulate otherwise.

Art. 55: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1. The District Court shall appoint a Justice of the Peace from the district as a substitute for each Justice of the Peace and their deputy.

2. Exceptionally, the District Court may appoint an extraordinary substitute from among the eligible voters of the canton for a specified period.

Art. 56: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The municipalities remunerate the justices of the peace and reimburse them for expenses for premises, office materials, and the like. The income of the justices of the peace falls into the municipal treasury.

Art. 57: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

Jurisdiction of the Justice of the Peace

The Justice of the Peace is the conciliation authority according to the Civil Procedure Code (CPC), unless otherwise specified.

**Section 3: Parity Conciliation Authority for Disputes under the Gender Equality Act**

Art. 58: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

In the Canton, there is a Parity Conciliation Authority for disputes under the Gender Equality Act of March 24, 1995.

Art. 59: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The Conciliation Authority consists of a chair, a deputy, and 16 other members, comprising an equal number of representatives of private or public employers and their associations, as well as associations of employees.

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13

211.1

GOG

Affiliation,

Management

Composition

Jurisdiction

Scope of Office

Election

Affiliation,

Management

Jurisdiction

2 The High Court elects the members of the Conciliation Authority for the term of office of its own members. Private and public employers and associations submit nominations to the High Court. They ensure an equal representation of women and men.

Art. 60 : Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The conciliation authority is administratively attached to the District Court of Zurich.

2 The chairperson leads the conciliation authority.

Art. 61: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The Conciliation Authority shall be constituted for each hearing with the chairperson or their deputy, and one member each from employers' and employees' circles. Both genders must be represented. When constituting the Authority, due regard must be given to the legal nature of the employment relationship.

Art. 62 : Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The conciliation authority is responsible for disputes under the Gender Equality Act of March 24, 1995.

Section 4: Parity Conciliation Authorities in Rental and Lease Matters

Art. 63: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

Each district has a Parity Conciliation Authority in

rental and tenancy matters.

Art. 64: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The District Court elects for the term of office of its members

a. from its court clerks, the chairpersons,

b. the other members.

**2 The associations submit proposals for the election of the other members.**

**3 The office of a member of the conciliation authority is incompatible with that of a member of the rental court.**

Art. 65: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The conciliation authority is administratively assigned to the district court.

2 The district court regulates the business management of the conciliation authority.

Art. 66: Law on Judicial and Authority Organization in Civil and Criminal Procedure (GOG) Open official source

1 The conciliation authority is competent for disputes arising from the rental and leasing of residential and business premises.

14

GOG

211.1

2 It handles applications for the deposit of rent and lease payments based on Art. 259g and 288 OR26. The depositary is the District Court's cashier.

Part 4: Administration of Justice and Supervision of Courts, Conciliation Authorities and Other Authorities

Section 1: Administration of Justice

A. Election and Voting Procedures

Art. 67: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

Unless otherwise provided by law, the procedure for elections and votes in matters concerning the administration of justice shall be governed by the corresponding provisions for municipal authorities.

B. Supreme Cantonal Courts

Art. 68: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The highest cantonal courts are independent in their judicial administration. General Provisions

2 They collaborate with the directorate responsible for construction matters in the planning, construction, and maintenance of properties. The highest cantonal courts and the Government Council regulate the details through a joint ordinance.

Art. 69: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

Inter-court judicial administration bodies are

a. the Plenary Committee of the Courts,

b. the Administrative Commission of the Courts.

Art. 70: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 Members of the Plenary Committee are

Court-

wide Judicial

Administration

Bodies

Plenary Committee

a. the members of the Administration Commission of the Courts or the Courts

their substitutes,

b. six members of the High Court delegated by the Plenary Assembly,

c. four members of the Administrative Court delegated by the Plenary

Assembly,

d. four members of the Social Insurance Court delegated by the Plenary

Assembly.

2 The Plenary Committee is convened by decision of the Administration

Commission through its President.

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211.1

Judiciary Act

Administration

Commission

of the Courts

Competencies

of Court-wide

Judicial

Administration

Bodies

a. General

3 The Plenary Committee deliberates and decides under the chair-

manship of the President, the Vice-President, or the Vice-President of the

Administration Commission. Each supreme cantonal court must be represented

by at least one member. The Secretary of the Administration Commission

keeps the minutes.

4 The Secretaries General of the supreme cantonal courts participate in the

meetings with an advisory vote.

5 Elections and decisions of the Plenary Committee require the approval of

at least nine of its members.

Art. 71: Law on Court and Authority Organization in Civil and Criminal Procedure (GOG) Open official source

1 The Administrative Commission of the Courts is composed of the

presidents of the supreme cantonal courts. In case of impediment, the presidents

may have themselves represented at the Commission meetings by another member of the court.

2 The Commission elects its president and vice-president.

3 The Secretaries-General of the supreme cantonal courts participate in the Commission meetings in an advisory capacity. The Secretary-General of the court to which the president belongs shall be the Commission secretary and keep the minutes. In case of impediment of the Commission secretary, the president shall designate the substitute.

4 The Commission shall have a quorum for deliberation and decision if all supreme cantonal courts are represented. Elections and decisions of the Commission require the approval of the majority of its members.

5 The president convenes the Commission as often as business requires and when another member requests it.

Art. 72: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The cross-court judicial administration bodies are responsible for the judicial administration of all courts in the canton and their subordinate authorities and offices, to the extent provided by this or another law.

16

GOG 211.1

Art. 73: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The Plenary Committee issues regulations

a. in accordance with Article 56, paragraph 3 of the Personnel Act of September 27, 19989,

b. concerning the compensation of witnesses, persons providing information and experts10,

c. concerning court auditors13,

d. regarding information on court proceedings and the inspection of files by third parties11.

2 The Plenary Committee and the Government Council may issue a regulation12 on interpreting services.

Art. 74 : Law on the Organization of Courts and Authorities in Civil and Criminal Procedure (GOG) Open official source

1 The Administrative Commission of the Courts prepares the business of the Plenary Committee and submits proposals to it.

c. Administrative Commission

2 It manages communication with the Cantonal Council and the Government Council in matters concerning the cantonal judiciary as a whole.

3 By unanimous decision, it may take a position on matters, particularly draft laws, that are significant for the cantonal judiciary as a whole.

Art. 75: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The courts are subject to the Law on Controlling and Accounting (CRG) of January 9, 2006, and the implementing decrees of the Government Council for this law.

Controlling and Accounting, Expenditure Authorization

2 The High Court, the Administrative Court, and the Social Security Court each maintain their own accounts. They annually submit to the Cantonal Council an overview of the development of services and finances, a budget proposal, and a report on their activities, including the accounts.

3 With regard to expenditure authorities, they are equivalent to the Government Council. §§ 19–25 CRG apply mutatis mutandis.

C. High Court and District Courts

Art. 76: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The High Court is responsible for the entire administration of justice, to the extent that it is not reserved for other authorities.

2 It issues the necessary ordinances and instructions for this purpose.

Art. 77: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The President of the Court manages the court's business.

2 He or she oversees the performance of duties by the members of the Court and the Court Registry, and ensures the expeditious handling of business.

of the Court

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211.1

Staff Units

Judiciary Act

Art. 78: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The Secretary General of the High Court and the Chief Court Clerks are staff units of their respective courts. They manage the legal and administrative chancellery.

**Supervisory Authority of the Cantonal Council**

**Supervision by the High Court**

**Supervision by the District Courts**

**Section 2: Supervision**

**A. Competent Supervisory Authorities**

Art. 79: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The Cantonal Council exercises supreme supervision over the administration of civil and criminal justice. The High Court reports to it annually.

a.

2 The accountability report of the High Court includes

a. its activities and those of the attached commissions,

b. the activities of all authorities and offices under its direct and indirect supervision,

c. the course of civil and criminal justice in general.

Art. 80: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The High Court supervises

a. its Chambers and the Commercial Court, as well as the affiliated

Commissions,

b. the courts subordinate to it,

c. the Parity Conciliation Authority for disputes under the Gender

Equality Act.

**2 It supervises, directly or indirectly, the authorities and offices subject to the

supervision of the District Courts. It establishes special inspectorates for the

supervision of notary offices, land registry and bankruptcy offices, as well as the

municipal executive and debt enforcement offices.**

**3 The Parity Conciliation Authority for disputes under the Gender Equality Act

reports annually to the High Court on its activities.**

Art. 81 : Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The District Courts supervise in the first instance

a. the Justice of the Peace Offices,

b. the Joint Conciliation Authorities in tenancy and lease matters,

c. the Municipal Executive and Debt Enforcement Offices,

d. the Notary Offices,

e. the Land Registry and Bankruptcy Offices.

18

GOG

211.1

They report annually to the High Court on their activities and those of the authorities and offices according to para. 1 lit. a–c.

B. Supervisory Appeal

Art. 82: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 Violation of Official Duties by Members of Judicial and Conciliation Bodies as well as their Affiliated Commissions – Admissibility and Jurisdiction

If members of judicial and conciliation bodies, as well as their affiliated commissions, violate official duties, an supervisory complaint may be lodged with the immediate supervisory authority.

**2 Measures by the Supervisory Authority**

The supervisory authority orders the necessary measures.

Art. 83: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1. **Supervisory Complaint Procedure**

The supervisory complaint must be submitted in writing within ten days of becoming aware of the breach of official duty. It must contain a request and a statement of reasons.

2. If the supervisory complaint is not immediately dismissed as unfounded, the supervisory authority shall forward it to the parties concerned for written comment and to other involved persons for written reply.

3. The supervisory authority shall investigate the facts ex officio. The provisions of the Code of Civil Procedure, in particular those concerning the taking of evidence, shall apply mutatis mutandis.

Art. 84 : Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

Against decisions on complaints by the District Courts, a further appeal, in the form of a supervisory complaint, may be lodged with the High Court within ten days of notification. Articles 319 et seq. of the Civil Procedure Code are applicable by analogy.

Art. 85: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The §§ 83 and 84 are applicable to appeal proceedings that are based on other cantonal or federal enactments, insofar as these provide for supervision by judicial authorities and do not contain their own procedural provisions.

5. Part: Criminal Prosecution Authorities

1. Section: General Provisions

Art. 86: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 Law Enforcement Authorities are

a. the police,

b. in proceedings against adults

1. the District Attorneys' Offices and the municipalities designated by the Government Council,

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Law Enforcement Authorities

211.1

2. the Public Prosecutor's Offices,

3. the Chief Public Prosecutor's Office,

c. in proceedings against minors

1. the Juvenile Prosecutor's Offices,

2. the Chief Juvenile Prosecutor's Office.

2 In summary penalty proceedings, jurisdiction is determined by §§ 170 ff.

3 The Government Council shall, in addition to the provisions of this Act, regulate the organization and management of the Public Prosecutor's Offices, the Chief Public Prosecutor's Office, the Juvenile Prosecutor's Offices, and the Chief Juvenile Prosecutor's Office.

Representation

of the Canton

Ancillary

Employment

Disclosure

of Conflicts

of Interest

Data Protection

Consulting

Art. 87: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The canton may commission the public prosecutors and the chief public prosecutors with its representation in civil and administrative matters.

Art. 88: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

Public Prosecutors, Senior Juvenile Prosecutors, Prosecutors, and Juvenile Prosecutors are prohibited from professionally representing parties before law enforcement authorities and courts.

Art. 88a: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

48** **1** Section 7 applies *mutatis mutandis* to the disclosure of conflicts of interest for Chief Public Prosecutors, Public Prosecutors, Chief Juvenile Prosecutors, and Juvenile Prosecutors.

**2** The Office of the Chief Public Prosecutor shall maintain the register for itself and the public prosecutor's offices; the Office of the Chief Juvenile Prosecutor shall maintain the register for itself and the juvenile prosecutor's offices. They shall monitor compliance with the disclosure obligations.

Art. 88b: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings Open official source

64 1 The Chief Public Prosecutor's Office, the Chief Juvenile Prosecutor's Office,

and the Prefectures shall each designate a person responsible for data protection

consulting.

2 This person has the following duties

a. They advise and support the law enforcement authorities (Chief Public

Prosecutor's Office and Public Prosecutor's Offices, Chief Juvenile Prosecutor's

Office and Juvenile Prosecutor's Offices, as well as the Prefectures)

in the processing of personal data.

b. They conduct data protection impact assessments in accordance with § 10 para. 1

of the Act on Information and Data Protection of February 12, 2007.

c. They are the contact person for the Data Protection Officer and cooperate

with him or her.

20

GOG

2nd Section: Proceedings against Adults

A. Authorities for Petty Offences

211.1

Art. 89: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The prosecution and judgment of infractions fall within the purview of the District Governor's Offices.

2 The Government Council may, upon request, transfer the prosecution and judgment of infractions to a municipality, provided that the municipality ensures it is professionally and organizationally capable of doing so. Special legal provisions that stipulate the exclusive jurisdiction of the District Governor's Offices remain reserved.

3 The penal authority of the municipality amounts to a maximum fine of CHF 500. The substitute custodial sentence to be imposed may not exceed ten days.

Authorities

Art. 90: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

Transfer of Files

The public prosecutor's office may transfer the files of a criminal investigation initiated due to a crime or misdemeanor to the competent administrative authority for minor offenses if only a minor offense is present.

Art. 91: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

### Right of Appeal

The misdemeanor penalty authority that made the decision in the case concerned may appeal to the cantonal instances.

Art. 92 : Law on Judicial and Authority Organization in Civil and Criminal Procedure (GOG) Open official source

Fines imposed and collected by a municipal authority accrue to that authority.

Use of fines

B. Public Prosecutor's Offices

Art. 93: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 Public Prosecutor's Offices consist of

a. General Public Prosecutor's Offices,

b. Special Public Prosecutor's Offices, which are responsible for specific offenses throughout the canton.

2 The Government Council defines the jurisdiction of the General Public Prosecutor's Offices and the competence of the Special Public Prosecutor's Offices and determines their locations.

Organization

Art. 94 : Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The district's eligible voters elect the State Public Prosecutors

for a term of office. These can be deployed throughout the entire State Prosecutors

canton.

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211.1

GOG

Extraordinary

Public Prosecutors and

Deputy Public Prosecutors

Chief Public

Prosecutors

Certificate of

Eligibility

a. Eligibility

requirements

b. Issuance

and Withdrawal

2 The Cantonal Council determines the number of public prosecutors

in the canton. When determining the number of public prosecutors to be

elected in the districts, it considers in particular

a. the distribution of recorded criminal offenses across the districts,

b. the population size and demographic development in the districts.

3 The Law on Political Rights regulates the election procedure,

eligibility, compulsory acceptance of office, and term of office for ordinary

public prosecutors.

Art. 95: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The Government Council may appoint extraordinary public prosecutors and the Directorate responsible for justice may appoint substitute public prosecutors.

Art. 96: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The Government Council appoints the Chief Prosecutors from among the ordinary and extraordinary public prosecutors.

Art. 97: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 As ordinary, extraordinary, and deputy public prosecutors, only persons who possess a certificate of eligibility are eligible for election or appointment. The appointment of an extraordinary public prosecutor for the purpose of conducting a single criminal investigation remains reserved.

2 The certificate of eligibility must not be older than eight years at the time of an initial application. For re-applications, a new certificate of eligibility is necessary if the cessation of activity was more than eight years ago.

Art. 98: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The Senior Public Prosecutor's Office issues the certificate of eligibility

to candidates who

a. have completed a legal degree in accordance with Art. 7 para. 1 lit. 70 a BGFA40,55,

b. have several years of professional experience in the administration of justice or the bar

in Switzerland, and

c. have proven themselves during a one-year traineeship at a public prosecutor's office or have passed a qualifying examination.

2 It decides upon a report and recommendation from an examination commission. The Directorate responsible for justice affairs appoints the members of the examination commission.

22

GOG

211.1

3 In special cases, the Senior Public Prosecutor's Office may fully or partially waive the traineeship or the qualifying examination for the candidate if the candidate provides proof of their ability and suitability for the proper exercise of their office in another equivalent manner.

4 The Directorate responsible for justice affairs temporarily or permanently withdraws a public prosecutor's certificate of eligibility if the prosecutor is dismissed based on §§ 19 or 22 of the Personnel Act. Re-issuance is possible.

Art. 99: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1. For the procedure concerning the issuance or c. Fees

revocation of the certificate of eligibility, a fee of

CHF 500-1000 shall be levied.

2. The fee may be increased up to double in cases of exceptionally high effort and reduced to one-fifth in cases of low effort.

Art. 100: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The Government Council shall regulate the following in detail by ordinance

Detailed implementing

provisions

a. Issuance and withdrawal of the certificate of eligibility for election14, particularly with

regard to candidacy and the aptitude test, as well as the procedures;

b. Composition, organization, and staffing of the examination commission.

Art. 101: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The Chief Public Prosecutor's Office may appoint employees of the Public Prosecutor's Office as assistant public prosecutors.

Art. 102 : Law on Court and Authority Organization in Civil and Criminal Proceedings (GOG) Open official source

1 Prosecutors perform the tasks assigned to the Public Prosecutor's Office by the Code of Criminal Procedure.

2 Deputy Public Prosecutors may not

a. initiate criminal investigations,

b. order coercive measures,

c. file and represent indictments.

3 In addition to the tasks listed in paragraph 2, Assistant Public Prosecutors are divested of the authority to issue penalty orders if an enforceable custodial sentence is to be imposed.

a. Public Prosecutors

Art. 103: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The Chief Public Prosecutor (female) or the Chief Public Prosecutor (male) manages the business of the Public Prosecutor's Office and represents it externally.

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211.1

GOG

2 The Chief Public Prosecutor (female) or the Chief Public Prosecutor (male)

a. approves orders for discontinuation, non-commencement, and suspension issued by the Public Prosecutor's Office,

b. may file an objection against penalty orders and confiscation orders issued by the Public Prosecutor's Office,

c. may lodge legal remedies before the cantonal instances.

3 He or she may delegate the authority according to para. 2 lit. c in individual cases to public prosecutors (female or male) of his or her office whom the Senior Public Prosecutor's Office has generally recognized as qualified to do so.

Organisation

Appointment

Competence

a. In General

b. Representation of the Canton

C. Senior Public Prosecutor's Office

Art. 104: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The Office of the Attorney General consists of a number of Attorneys General to be determined by the Government.

Art. 105: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The Government Council appoints the Senior Public Prosecutors

and the Chief Senior Public Prosecutor.

2 The Government Council may appoint extraordinary Senior Public Prosecutors.

Art. 106: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The Office of the Chief Public Prosecutor plans, conducts, and directs adult criminal prosecution in the Canton.

2 The Chief Public Prosecutor manages the business operations. He or she represents the Office of the Chief Public Prosecutor as the highest criminal prosecution authority externally.

Art. 107: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The Office of the Senior Public Prosecutor represents the Canton

a. in appeal proceedings before the Federal Supreme Court and before the

Federal Criminal Court,

b. vis-à-vis the federal authorities regarding the determination of subject-matter

jurisdiction, and in conflicts of jurisdiction before the Federal Criminal

Court.

2 It may delegate the tasks according to subsection 1 letter a to a Chief Public

Prosecutor. It may delegate the tasks according to subsection 1 letter b to a Public Prosecutor in individual cases.

24

GOG

211.1

Section 3: Proceedings against Juveniles

A. Juvenile Prosecutor's Offices

Art. 108: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The Government Council defines the jurisdiction of the juvenile prosecutor organizations and determines their seats.

Art. 109: Law on Court and Authority Organization in Civil and Criminal Procedure (GOG) Open official source

1 The Directorate responsible for Justice appoints

a. youth prosecutors,

b. senior youth prosecutors.

2 The Chief Public Prosecutor for Minors appoints deputy youth

prosecutors.

Appointment

Art. 110: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1. **Youth Prosecutors**

Youth prosecutors perform the tasks transferred to the investigating authority by virtue of the jurisdiction of the JStPO and Art. 3 para. 2 of the Juvenile Criminal Law (JStG)32.

2. If the youth prosecutor conducts proceedings in accordance with Art. 3 para. 2 JStG32, their competences are governed by Art. 352 StPO.

3. Deputy youth prosecutors may not

a. order coercive measures,

b. file and represent indictments,

c. issue penalty orders if any of the following are to be ordered

1. a personal performance exceeding one month,

2. an enforceable custodial sentence, or

3. a protective measure.

Art. 111 : Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

b. Heads of

Youth Prosecutor's Offices

The Head Youth Prosecutor leads their Youth Prosecutor's Office in addition to their activities as a Youth Prosecutor.

B. Supreme Youth Prosecutor's Office

Art. 112: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The High Prosecuting Authority for Minors consists of a number of High Prosecutors for Minors to be determined by the Government Council.

Art. 113: Law on the Organization of Courts and Authorities in Civil and Criminal Procedure (GOG) Open official source

The Government Council appoints the Chief Juvenile Prosecutors and the Head Chief Juvenile Prosecutor. It may appoint extraordinary Chief Juvenile Prosecutors.

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Jurisdiction

211.1

GOG

Art. 114: Law on Judicial and Authority Organization in Civil and Criminal Proceedings (GOG) Open official source

1 The Senior Youth Prosecution Office plans, leads, and manages youth criminal prosecution in the canton, as well as the associated enforcement tasks.

2 It ensures cooperation between the youth prosecution offices and the organs of youth welfare.

3 In youth criminal proceedings, it exercises those powers that are exercised by the Senior Public Prosecution Office and the Senior Public Prosecutors in proceedings against adults. These include in particular

a. the representation of the canton vis-à-vis federal authorities in determining substantive jurisdiction and in conflicts of jurisdiction before the Federal Criminal Court,

b. the approval of decisions by the youth prosecution offices to not open proceedings, to suspend proceedings, or to discontinue proceedings,

c. the lodging of objections against penal orders and forfeiture orders,

d. the lodging of appeals before cantonal and federal instances.

4 The Senior Youth Prosecution Office may delegate the powers according to para. 3 lit. b-d to Senior Youth Prosecutors.

Supervision of the Senior Public Prosecution Office and the Senior Youth Prosecution Office

Supervision of Public Prosecutors and Youth Prosecutors

Section 4: Supervision

Art. 115: Law on Court and Authority Organization in Civil and Criminal Procedure (GOG) Open official source

1 The Public Prosecutor's Office and the Juvenile Prosecutor's Office

are under the supervision of the Directorate responsible for justice.

**2 The Government Council may determine priorities for criminal prosecution**

for the Public Prosecutor's Office, the Juvenile Prosecutor's Office, and the police.

**3 The Government Council and the Directorate may instruct the Public Prosecutor's Office and the Juvenile Prosecutor's Office**

to initiate criminal proceedings, but not to refrain from them.

Art. 116: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The public prosecutors are under the supervision of a Chief Public Prosecutor.

2 The Chief Public Prosecutors are under the supervision of the Senior Public Prosecutor's Office.

3 The youth prosecutors are under the supervision of the Senior Youth Prosecutor's Office.

26

GOG

Part 6: Procedural Provisions

Section 1: Common Provisions

211.1

Art. 117: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

### Extraordinary Representation in Case of Recusal

The supervisory authority designates extraordinary substitute representatives or refers the dispute to another court of equal subject matter and functional jurisdiction, if due to recusal

a. a court cannot be constituted even with the addition of substitute members, or

b. the addition of substitute members is not appropriate.

Art. 118: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

66 Direct Data Access by Prosecution Authorities, Criminal Courts, and Single Judge

1. The prosecution authorities under § 86 para. 1 lit. b and c, the criminal courts, and the single judge in matters under § 137 can, in pending proceedings, collect data concerning taxable income and assets through direct electronic access from the municipal tax offices.

2. The authority entitled to access shall limit the number of persons authorized to access.

3. It shall protect the access and ensure its logging.

§§ 119 and 120.67

Art. 121: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1. Delivery by other means than registered mail shall be effected against acknowledgement of receipt. It may be carried out in particular by members of the court, the communal bailiff or the police.

2. Delivery by publication shall be effected in the Official Gazette of the Canton of Zurich.

Art. 122: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

Holidays include New Year's Day, Berchtoldstag (January 2), Good Friday, Easter Monday, May 1st, Ascension Day, Whit Monday, August 1st, Christmas Day, and St. Stephen's Day (December 26).

Art. 123: Law on the Organization of Courts and Authorities in Civil and Criminal Procedure (GOG) Open official source

1 The Government Council and the High Court may individually appoint experts

or jointly, by ordinance, each within their respective areas of competence,

issue regulations concerning the appointment of experts.

2 The ordinance shall regulate in particular

a. the requirements to be met by the experts,

b. the competence and procedure for admission as an expert,

c. the commissioning and execution of assignments,

d. the remuneration of experts.

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211.1

GOG

Minority

opinion

Art. 124: Act on the Organization of Courts and Authorities in Civil and Criminal Procedure (GOG) Open official source

If the court does not reach a unanimous decision, the minority as well as the court clerk may have their dissenting opinion, with reasons, recorded in the minutes. This will be communicated to the parties.

Court reporting

Art. 125: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The media are obligated to publish a correction regarding their court reporting, as ordered and formulated by the court.

Applicable

Procedural Law

Section 2: Civil Procedure

A. General Provisions

Art. 125a : Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

45 If cantonal law assigns a task to a civil court, the procedure is governed, subject to any differing provision, by the CPC and the provisions of this Law applicable to civil procedure.

Subject-matter jurisdiction of multiple courts

Art. 126: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 If the Labor Court, the Rental Court, and the Commercial Court all have subject-matter jurisdiction for assessing a dispute, the High Court shall determine the competent court, unless the parties have agreed upon one of the competent courts or the defendant has already unconditionally engaged with the claim.

2 The defendant must raise the objection of lack of subject-matter jurisdiction at the latest with the statement of defense. The court shall immediately decide on its jurisdiction after hearing the opposing party.

Decision on motions for recusal

Art. 127: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

Regarding disputed recusal requests in accordance with Art. 50 CPC,

46

decisions are made by

a. the court to which the person concerned belongs, if a court clerk is concerned,

b. the High Court, if members of the Parity Conciliation Authority for disputes under the Gender Equality Act are concerned,

c. the District Court, if members or substitute members of the District Court, assessors of the Labor or Rental Court, Justices of the Peace, or members of the Parity Conciliation Authority in rental and lease matters are concerned,

28

GOG

211.1

d. the High Court, if members or substitute members of the High Court or commercial judges are concerned,

e. the Administrative Court, if the High Court can no longer be properly constituted for the decision according to lit. d, even with the inclusion of substitute members.

Art. 128: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

46 The Single Court of the District Court with primary local jurisdiction decides on applications for free legal aid before the action is filed with the court.

Free Legal Aid Before Filing an Action

Art. 129: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 Applications for Free Mediation

The court seized of the proceedings shall decide on an application for free mediation.

**2 Free Mediation**

The Government Council may, in an ordinance, define the conditions for free mediation in family law matters.

Art. 130: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The Court ensures the systematic filing of court records (docket management) and their continuous recording in a register. In simple cases, it may dispense with a register.

**2 Original documents must be returned to the entitled persons against acknowledgment of receipt, as soon as the matter has been finally decided.**

**3 The High Court regulates the details in an ordinance.**

Art. 131: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

File Inspection by Authorities and Third Parties

1 Other authorities may inspect the files if

a. they require them for the processing of pending civil, criminal or ad-

ministrative proceedings and

b. no overriding public or private interests preclude inspection.

2 Third parties have no right to inspect court files.

3 The court may grant them file inspection if

a. they assert a scientific or other legitimate interest and

b. no overriding public or private interests preclude inspection.

Art. 132: Law on Judicial and Authority Organization in Civil and Criminal Proceedings (GOG) Open official source

Image and Sound Recordings within Court Buildings – Image and Sound,

as well as recordings of procedural acts outside of court buildings, are not permitted.

Art. 133: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 Participation in Deliberations and Decision-Making

Subject to para. 3, a court clerk participates in deliberations and decision-making. The court clerk records the minutes and has an advisory vote.

a. Duties

The conduct of settlement negotiations can be assigned to them.

The involvement of a court clerk can be dispensed with if their participation is not required for minute-taking.

Art. 134: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The deliberations on judgments according to Art. 54 para. 2 CPC are not public.

The court deliberates its decisions orally if

a. a member of the court or the court clerk requests it,

b. there is no unanimity.

In all other cases, the court decides by circular resolution.

Every member of the court is obliged to cast a vote.

Art. 135: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

When the court decides a matter on the merits, it renders a judgment.

All other decisions are made by a collegial body through a resolution, and by a single person through an order.

Art. 136: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

Decisions on the merits in ordinary and simplified proceedings are signed by a member of the court and the court clerk. Other decisions are signed by a member of the court or the court clerk.

Art. 136a: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

50. Courts shall report regulations concerning parental care over minors to the municipality, in which these persons are registered as residents, free of charge. The report shall include the names and addresses of the persons entitled to parental care.

**B. Special Tasks of the Single Court**

Art. 137: Law on Court and Authority Organization in Civil and Criminal Procedure (GOG) Open official source

The single judge court pursuant to § 24 is the competent authority for

a. the ordering of an inventory and the safeguarding in cases of subsequent heir appointment (Art. 490 ZGB25),

b. measures to secure the succession (Art. 551 ZGB), to the extent that this is not the responsibility of the KESB (§ 125 para. 2 EG ZGB15), as well as the ordering of estate administration and heir summons (Art. 554 and 555 ZGB),

GOG

211.1

c. the opening of testamentary dispositions and inheritance contracts, as well as the notification of the executor (Art. 556–558 and 517 ZGB),

d. the issuance of the certificate of inheritance to legal and appointed heirs (Art. 559 ZGB),

e. the reception of declarations of renunciation and the necessary orders (Art. 570 and 574–576 ZGB),

f. the ordering of the public inventory (Art. 580, 585 para. 2 and 587 ZGB) as well as the call for accounts when the inheritance falls to the public authority (Art. 592 ZGB),

g. the ordering of official liquidation (Art. 595 ZGB),

h. the appointment of a representative for the community of heirs (Art. 602 para. 3 ZGB),

i. participation in the division of the inheritance and the formation of lots (Art. 609 and 611 ZGB),

j. the type of auction or division before the commencement of the inheritance division process (Art. 612 and 613 ZGB),

k. the appointment of experts for the determination of the accounting value of real estate according to Art. 618 ZGB,

l. disputes pursuant to § 271 EG ZGB.

Art. 138: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The Single Judge commissions the notary

with the implementation of the orders according to § 137 lit. a, b and f-j, to the extent that these are not incumbent upon the executor (Art. 554 CC).

2 For the administration of the estate, official liquidation, and representation of the community of heirs, it may also entrust other suitable persons.

Art. 139: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1. The Single Court supervises the agents it appoints and determines their remuneration.

2. It judges complaints and reports against executors.

Art. 140: Law on Court and Authority Organization in Civil and Criminal Procedure (GOG) Open official source

The sole court pursuant to § 24 is the competent authority for obligations-

a. the preliminary proceedings for warranty in livestock trading (Art. 202

CO26),

legal

transactions

b. the sale in case of complaint regarding goods sent (Art. 204 CO),

c. the sale and auction of commission goods (Art. 427

and 435 CO),

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31

211.1

GOG

Deposit

Provisional

Taking of evidence

Type of procedure

Official

Finding

Official

Service of

Declarations

a. Admissibility

b. Procedure

d. the sale and deposit of freight (Art. 444, 445

and 453 CO),

e. the deposit of the bill of exchange sum due to lack of presentation of the bill

for payment (Art. 1032 CO).

Art. 141: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The single judge according to § 24 approves the deposit of money, securities, and other movable property, if sufficient grounds are made credible.

2 It issues the orders necessary for the release.

Art. 142: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The single judge according to § 24 shall take evidence by way of precautionary measures before lis pendens (Art. 158 CPC).

Art. 142a : Law on Court and Authority Organization in Civil and Criminal Procedure (GOG) Open official source

45 The summary procedure is applicable to proceedings under Sections 137, 139, 140, and 141.

C. Duties of the Municipal Bailiff

Art. 143: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The municipal chief executive shall, upon request, record a finding

on the actual condition, insofar as this can be determined without special

expert knowledge. Jurisdiction is

governed by Art. 13 CPC.

2 The municipal chief executive shall, if possible, involve the parties concerned

in the recording of the finding and ensure their right to be heard

in accordance with Art. 53 CPC. He shall draw up a protocol in accordance with Art. 182

CPC.

Art. 144: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 Declarations in civil matters, in particu-

**lar terminations, shall be officially served by the Municipal President upon request.**

**2 The Municipal President at the domicile or place of residence of the person to whom the declaration is to be served is competent.**

Art. 145: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The Mayor shall personally deliver the declaration to the addressee within three working days of receiving the request.

2 By agreement with the requesting person, delivery may be made to another person if the addressee cannot be reached.

3 The requesting person may, for double the fee, demand that delivery be made on the next working day.

GOG

211.1

Art. 146: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

c. Obligation to Accept

An officially served declaration may not be refused. The recipient is free to send a counter-declaration to the applicant by the same means.

Art. 147: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The municipal president can be entrusted by the court with an auxiliary person

a. publications according to Art. 259 CPC,

b. the enforcement of orders according to Art. 343 para. 1 lit. d

and e CPC.

2 He can make the enforcement dependent on an advance payment of costs and, if necessary, claim the assistance of the police.

of the court

Art. 147a: Act on Court and Authority Organization in Civil and Criminal Procedure (GOG) Open official source

56 The duties of the municipal mayor are fulfilled by the organization

debt collection officer (female) or debt collection officer (male).

Section 3: Criminal Proceedings

A. Principles, Jurisdictions

Art. 148: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

46 The High Court decides on the authorization for criminal prosecution

of officials pursuant to Art. 110 para. 3 SCC concerning crimes or misdemeanors committed in office by officials. The

competence of the Cantonal Council remains reserved.

Art. 149: Law on the Organisation of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 If the jurisdiction of the Confederation or another canton is in question and the prosecuting authorities involved cannot agree,

a. the public prosecutor or the authority for minor offenses submits the files to the Chief Public Prosecutor's Office,

b. the juvenile prosecutor submits the files to the Chief Juvenile Prosecutor's Office.

2 Disputes regarding the separation of proceedings according to Art. 11 JStPO shall be decided by the High Court as the appellate authority.

B. Legal Assistance, Data Protection and File Access52

Art. 150: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 Intercantonal Legal Assistance

The criminal authorities may grant legal assistance to other cantons in criminal matters under cantonal law.

1.10.24-126

33

211.1

GOG

Rights and

Obligations to Notify

Access to

Data of the

Prosecution

Authorities and

Juvenile

Prosecution

Authorities

a. Authorized

Parties

b. Conditions

and Scope

of Access

2 National legal assistance is provided by the criminal authority competent for the place where the procedural act is to be carried out

a. in pre-trial proceedings against adults for felonies or misdemeanors by the Public Prosecutor's Offices,

b. in investigations against accused juveniles by the Juvenile Prosecution Office,

c. in summary offense proceedings by the District Offices,

d. in court proceedings by the District Court as a single judge in accordance with

Art. 151 : Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 Criminal authorities may inform other authorities about proceedings

conducted by them if the requirements of § 17 of the Act on Information

and Data Protection of February 12, 20077 are met.

2 Rights and duties to notify under special provisions remain reserved.

Art. 151a : Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

51 1 Public prosecutors' offices and juvenile prosecutors' offices grant each other direct electronic access to data, including personal data and special categories of personal data, relating to pending and concluded proceedings.

2 In addition, they grant this access to

a. the cantonal police and the communal police forces,

b. the authority responsible for the execution of sentences,

c. the cantonal authority responsible for citizenship matters.

Art. 151b : Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

51 Access to Data

1 Access is permissible if the data can provide essential information to the authorized office.

2 The Government Council ensures that

a. the access of the authorized office is limited to the data necessary for the performance of its duties, and

b. the purpose of the investigation is not jeopardized by the access.

3 It regulates the details of data access, issues data security regulations, and regulates access rights. For offices pursuant to § 151a para. 2 lit. b and c, it restricts access to finding aids.

GOG 211.1

Art. 151c: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

51 1 Public Prosecutors’ Offices and Juvenile Prosecutors’ Offices Archive

shall preserve their files after conclusion of proceedings for at least files

15 years. Longer periods in accordance with Art. 103 SCCP remain

reserved.

2 The Government Council shall, by ordinance, restrict access

rights to the files for the period after the expiration of ten years.

Art. 151d: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

65 1 Inspection of Files

Files of concluded criminal proceedings may be inspected

a. by parties and other participants in the proceedings, if they credibly demonstrate an interest and no overriding public or private interests preclude such inspection,

b. by other authorities, if they require them for the processing of pending civil, criminal, or administrative proceedings and no overriding public or private interests preclude such inspection.

2 Third parties have no right to inspect files of concluded criminal proceedings. The competent criminal authority may grant them access to files if

a. they assert a scientific or other legitimate interest worthy of protection, and

b. no overriding public or private interests preclude such inspection.

Art. 151e: Law on Judicial and Authority Organization in Civil and Criminal Procedure (GOG) Open official source

63 The district governor's offices, the police forces, and the municipal

minor offense authorities and police forces grant each other direct

electronic access to data, including personal data and special categories

of personal data, from pending and concluded proceedings. Access by the

authorized office is limited to the data necessary for the fulfillment of its

duties.

Access to data

of the district

governor's

offices, municipal

minor offense

authorities, and

police forces

C. General Procedural Provisions

Art. 152: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

Requests for Recusal against Members of the Police – Decision on Requests for Recusal

a. in proceedings against adults, the Chief Public Prosecutor's Office,

b. in juvenile criminal proceedings, the Chief Juvenile Prosecutor's Office.

Art. 153: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

Die Protokollführung erfolgt bei den Strafbehörden unter Protokoll-

Beizug einer Protokollführerin oder eines Protokollführers. Bei der führung

Polizei, bei den Staatsanwaltschaften und Jugendanwaltschaften sowie

bei den Übertretungsstrafbehörden kann die oder der Einverneh-

mende das Protokoll selbst führen.

1.10.24-126 35

211.1

D. Parties and Other Procedural Participants

GOG

Party Rights

of Other

Authorities

Appointment

of Official

Defense Counsel

and Free Legal

Assistance

Mediation in

Juvenile Criminal

Proceedings

Delegation of

Interrogations

E. Evidence

Art. 154: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

Authorities and agencies which, in safeguarding the interests entrusted to their protection, have filed a criminal complaint, may appeal against decisions not to prosecute or to discontinue proceedings.

Art. 155: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 In preliminary proceedings, official defense counsel and

pro bono legal counsel for private plaintiffs shall be appointed as follows

a. in proceedings against adults, by the Chief Public Prosecutor's Office,

b. in juvenile criminal proceedings, by the Chief Juvenile Prosecutor's Office.

2 In urgent cases, official defense counsel may be appointed

a. in proceedings against adults, by the investigating public prosecutor,

b. in juvenile criminal proceedings, by the investigating juvenile prosecutor.

3 In the cases referred to in para. 2, the appointment must be submitted to the Chief Public Prosecutor's Office, or in juvenile criminal proceedings, to the Chief Juvenile Prosecutor's Office, for approval.

Art. 156: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 A department of the directorate responsible for justice shall conduct mediation proceedings in accordance with Art. 17 of the Juvenile Criminal Procedure Act (JStPO). Exceptionally, the juvenile prosecution authorities or the court may commission another suitable organization or person to conduct a mediation.

2 The Canton shall bear the costs of the mediation proceedings.

3 The Government Council shall regulate the procedure.

Art. 157: Law on the Organization of Courts and Authorities in Civil and Criminal Procedure (GOG) Open official source

1 The person conducting the investigation may delegate the

conduct of examinations to the following employees of their

office

a. assistant public prosecutors,

b. deputy juvenile prosecutors,

c. expert persons.

GOG

211.1

2 The Public Prosecutor's Office, in juvenile criminal proceedings the Public

Prosecutor's Office for Juvenile Affairs, in agreement with the police

commands, designate those police employees who may examine

witnesses.

Art. 157a: Act on Court and Authority Organization in Civil and Criminal Proceedings (GOG) Open official source

51 1 The administration, storage, and further use of evidence and confiscated items or assets may be transferred to the Cantonal Police.

2 The Cantonal Court and the Government Council shall regulate the details through a joint ordinance.

Art. 158: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The competent authorities of the directorates responsible for security and for matters outside the justice system, as well as the authorities responsible for the Zurich City Police in terms of procedural law, shall take suitable protective measures for persons endangered outside of a personal protection procedure.

2 Endangered persons can in particular be provided with a legend according to Art. 288 para. 1 StPO and the necessary documents for this purpose. Art. 289 StPO applies by analogy.

F. Summonses, Rewards, Coercive Measures

Art. 159: Law on Judicial and Authority Organization in Civil and Criminal Proceedings (GOG) Open official source

The criminal authorities competent to order coercive measures may instruct employees of their office to issue summonses.

Art. 160: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

Rewards

The police may offer rewards for the public's assistance in searches.

Art. 161: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

A defendant may only be restrained if restraint is necessary as a

a. flight risk exists,

b. they endanger themselves or others,

c. there is a risk that they will remove or destroy evidence.

measure necessary for maintaining order in court.

Art. 162: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

If a person provisionally arrested according to Art. 217 para. 3 StPO is to be detained for longer than three hours, this must be ordered by a police officer.

Provisional Arrest

for Contraventions

Execution of

Art. 163: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The Government Council issues the detailed provisions concerning

the execution of investigative and remand custody. The disciplinary-investigative

law of the execution of sentences is applicable by analogy.

and remand

custody

1.10.24-126

37

211.1

GOG

House

searches

Segregation

for the protection

of professional

secrets

Deployment of

undercover

investigators

Art. 164 : Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

If a house search takes place in the absence of the owner of the premises to be searched, the municipal bailiff can be called upon as a suitable person within the meaning of Art. 245 para. 2 CPC.

Art. 165: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The segregation according to Art. 271 para. 1 CPC is carried out under the direction of the member of the High Court who fulfills the tasks according to § 47.

Art. 166: Law on the Organization of Courts and Authorities in Civil and Criminal Procedure (GOG) Open official source

The Cantonal Council shall regulate the personnel law status of undercover investigators in an ordinance.

Reporting obligations and rights

Right to apply in case of neglect of maintenance obligations

G. Preliminary proceedings

Art. 167: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 Authorities and employees of the Canton and the municipalities shall report criminal offences that they observe in the course of their official duties. Excluded from this duty, but entitled to report, are persons whose professional role requires a personal relationship of trust with parties involved or their relatives.

2 Reporting obligations and rights, as well as exemptions from the reporting obligation for authorities, employees, and private individuals according to other federal and cantonal enactments, remain reserved.

Art. 168: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

In cases of neglect of maintenance obligations, the following are entitled to file a criminal complaint in accordance with Art. 217 para. 2 StGB:41

a. the competent KESB,

b. the welfare authority bearing the costs,

c. the directorate responsible for social welfare,

d. the youth welfare offices.

H. Notice of Appeal

Art. 169: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

Public prosecutors and juvenile prosecutors who request the continuation of detention pending trial in accordance with Art. 231 para. 2 CPC, are entitled to file a notice of appeal in accordance with

Art. 170: Law on Court and Authority Organization in Civil and Criminal Proceedings (GOG) Open official source

61 The Cantonal Council exercises the powers assigned to the Cantons by federal legislation in respect of offences punishable by summary fines.

Art. 171: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

61 1 Misdemeanors of cantonal law to which the summary penal Cantonal-law

procedure applies are designated by the Government Council, and the summary

amount of the fine is determined by it.**

**2 The provisions of the Summary Penalties Act of 18 March 201637 apply accordingly penal

to the cantonal-law summary penal procedure.**

Art. 172: Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

61 1 The Government Council designates the cantonal and communal

organs responsible for collecting fines.

2 It may authorize communes without their own police force to collect

fines concerning stationary traffic within the scope of the Road Traffic

Act of December 19, 195836 on their territory.

3 It regulates the requirements for the organs responsible for collecting

fines and for the communes authorized to do so, as well as the permissibility

of entrusting tasks to third parties. It may stipulate a permit requirement.

Art. 173: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

61 Fines are allocated to the municipality whose authority imposed them. If ordinary criminal proceedings are carried out by federal or cantonal law, Article 92 applies.

Art. 175: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 For municipal legal infringements, §§ 171f. of the Act apply

analogously. The Municipal Executive Committee replaces the Government Council. The administrative fines accrue to the municipalities.61

2 Fine lists drawn up by the Municipal Executive Committees57 are

reviewed and approved by the District Governor's Office for their legality and expediency.

Art. 175a: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

60 Organs of the Canton and the municipalities can transfer the processing of summary fine proceedings to the cantonal police against reimbursement of costs.

Transfer

of Processing

of Summary

Fine

Proceedings

1.10.24-126

39

211.1

Section 5: Special Proceedings Based on the Civil Code

GOG

Decisions

Concerning

Name

Changes

Art. 176: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

41 1 Appeals against decisions of the competent Directorate of the Government Council concerning name changes are admissible under the Code of Civil Procedure (ZPO).

2 The procedure is governed by the provisions of the Code of Civil Procedure (ZPO) and the procedural provisions of this Law applicable to civil proceedings.

§§ 177-198.42

Fee Ordinances

Exemption from costs

Accounting

Part 7: Procedural Costs, Accounting

Art. 199 : Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1. The High Court issues fee ordinances for the courts and conciliation authorities, as well as for the tasks of the municipal executive officer (Gemeindeammann). It submits these ordinances to the Cantonal Council for approval.

2. The Government Council issues fee ordinances for the Chief Public Prosecutor's Office, the Public Prosecutor's Offices, the Chief Juvenile Prosecutor's Office, the Juvenile Prosecutor's Offices, and the District Executive Offices (Statthalterämter).

3. The bases for determining the fees are

a. the amount in dispute or the actual interest in dispute,

b. the time spent by the deciding authority, and in criminal proceedings also the time spent by the law enforcement authorities,

c. the complexity of the case.

Art. 200: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

No court fees shall be imposed

a. on the canton in civil proceedings,

b. on employees, if a supervisory complaint has been filed due to their official duties or if a decision concerning their recusal needs to be made.

Art. 201: Law on the Organization of Courts and Authorities in Civil and Criminal Procedure (GOG) Open official source

1 The court treasury manages the accounting for its court.

2 The High Court may, by ordinance, consolidate the accounting for the District Courts and the High Court, entirely or partially.

3 The Government Council designates, by ordinance, the authorities responsible for the accounting of the Public Prosecutor's Office, the Public Prosecutor's Offices, the Juvenile Prosecutor's Office, and the Juvenile Prosecutor's Offices.

40

GOG

211.1

4 The Justices of the Peace and the summary penal authorities manage their own accounting.

5 By joint ordinance, several or all supreme cantonal courts may consolidate their accounting entirely or partially.

6 The supreme cantonal courts and the Government Council may, by joint ordinance, consolidate the accounting of courts and administrative offices entirely or partially.

Part 8: Pardon

Art. 202 : Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

Petition

The petition for pardon must be submitted to the Government Council. It does not hinder the enforcement of the judgment.

Art. 203: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The Government Council conducts the proceedings. It may initiate clemency proceedings on its own motion.

2 It hears the Public Prosecutor's Office. It may obtain a statement from the adjudicating court and other authorities.

Art. 204: Law on Court and Authority Organization in Civil and Criminal Proceedings (GOG) Open official source

1. The Government Council decides on the rejection of a clemency petition. It informs the Justice Committee of the Cantonal Council about the reasons for the rejection.

2. The Cantonal Council decides on a pardon upon application by the Government Council.

3. Decisions on clemency petitions are not subject to a statement of reasons.

Art. 205: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

A pardon has no influence on the civil law consequences of the offense.

9. Part: Transitional Provisions

Art. 206 : Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

Civil proceedings that are pending at first instance upon the entry into force of this law shall be continued by the civil court that was previously competent in terms of subject matter.

a. In general

Art. 207: Law on Court and Authority Organization in Civil and Criminal Proceedings (GOG) Open official source

1 For the assessment of disputes pursuant to § 20, **b. Procedure**

the following are competent until the election of the assessors

a. in the district of Zurich and in the city of Winterthur, the existing

labor courts or their single-judge courts,

b. in the remaining cantonal territory, the district courts.

**before the labor

courts**

1.10.24 - 126

41

211.1

GOG

2 The election of the assessors for the remainder of the current term

of office shall take place as soon as possible. At the District Court of Zurich, the

elected labor judges shall serve for the remainder of the

current term of office.

**Certificate of

Eligibility for

Election for

Public Prosecutors**

**Competence

of the Municipalities

for Infringements**

**Jury Court**

**Court of

Cassation**

**Competence

of the Higher

Court for

Proceedings of the

Court of

Cassation**

Art. 208: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The certificates of eligibility for public prosecutors valid at the time of commencement of this Law are equivalent to those issued pursuant to this Law.

Art. 209: Law on the Organization of Courts and Authorities in Civil and Criminal Procedure (GOG) Open official source

After this Act comes into force, municipalities shall remain competent for the prosecution and judgment of infractions for a period of one year without the granting of an authorization in accordance with § 89 para. 2.

Art. 210: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

The provisions concerning the jury court, its members and personnel, in particular regarding election, organization and remuneration, shall remain applicable until all proceedings by the court have been concluded.

Art. 211: Law on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The Court of Cassation shall exercise its judicial functions

until 30 June 2012.

2 The court management and administration shall remain in office until

31 December 2012 at the latest, in order to complete the administrative work still

necessary for the dissolution of the court. They shall be compensated

for this according to effort.

3 The provisions concerning the Court of Cassation, its members,

and its personnel, particularly regarding election, organization, and remuneration,

shall remain applicable until the dates specified in paragraphs 1 and 2.

4 The Steering Committee of the Cantonal Council shall determine the severance payments for

the members and alternate members of the Court of Cassation.

Art. 212 : Act on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG) Open official source

1 The High Court is responsible for the continuation and conclusion of

proceedings if

a. the Federal Supreme Court, after the entry into force of this Act, annuls a decision

of the Court of Cassation and remits the case for a new assessment,

b. it is still pending before the Court of Cassation on 30 June 2012.

2 The High Court is responsible for the handling and conclusion

of

a. nullity complaints subsequently filed,

b. revision requests filed against decisions of the Court of Cassation,

from 1 July 2012 onwards.

3 The High Court decides with a panel of five judges.

42

GOG

Transitional Provision to the Amendment of 30 November 2015

(OS 71, 439)

211.1

Anyone elected as a member of a District Court at the time of the entry into force of the amendment of 30 November 2015 may be re-elected, even if that person does not meet the requirement under § 8 para. 2.

1 OS 65, 520.

2 Entry into force: 1 January 2011.

3 ABI 2009, 1489.

4 ABI 2010, 513.

5 LS 101.

6 LS 161.

7 LS 170.4.

8 LS 175.2.

9 LS 177.10.

10 LS 211.12.

11 LS 211.15.

12 LS 211.17.

13 LS 211.23.

14 LS 213.23.

15 LS 230.

16 LS 232.3.

17 LS 351.

18 LS 550.1.

19 LS 551.1.

20 LS 551.104.

21 LS 551.19.

22 LS 611.

23 SR 151.1.

24 SR 161.1.

25 SR 210.

26 SR 220.

27 SR 221.213.2.

28 SR 272.

29 SR 281.1.

30 SR 291.

31 SR 311.0.

1.10.24 - 126

43

211.1

32 SR 311.1.

33 SR 312.0.

34 SR 312.1.

35 SR 351.1.

36 SR 741.01.

GOG

37 SR 741.03.

38 SR 780.1.

39 SR 822.14.

40 SR 935.61.

41 Version according to the Introductory Act to Child and Adult Protection Law of 25 June 2012 (OS 67, 443; ABI 2011, 2567). In force since 1 January 2013.

42 Repealed by the Introductory Act to Child and Adult Protection Law of 25 June 2012 (OS 67, 443; ABI 2011, 2567). In force since 1 January 2013.

43 Inserted by the Police Act of 5 November 2012 (OS 68, 79; ABI 2012, 655). In force since 1 March 2013.

44 Version according to the Police Act of 5 November 2012 (OS 68, 79; ABI 2012, 655). In force since 1 March 2013.

45 Inserted by Act of 27 October 2014 (OS 70, 107; ABI 2014-02-14). In force since 1 June 2015.

46 Version according to Act of 27 October 2014 (OS 70, 107; ABI 2014-02-14). In force since 1 June 2015.

47 Repealed by Act of 27 October 2014 (OS 70, 107; ABI 2014-02-14). In force since 1 June 2015.

48 Inserted by Act of 27 October 2014 (OS 70, 110; ABI 2014-02-14). In force since 1 June 2015.

49 Version according to Act of 27 October 2014 (OS 70, 110; ABI 2014-02-14). In force since 1 June 2015.

50 Inserted by the Act on Registration and Resident Registers of 11 May 2015 (OS 70, 407; ABI 2014-10-31). In force since 1 January 2016.

§§ 118–120 will be amended on 1 January 2021.

51 Inserted by the Act on Personal Data Used by the Directorate of Justice and Home Affairs of 27 October 2014 (OS 71, 163; ABI 2013-11-15). In force since 1 July 2016.

52 Version according to the Act on Personal Data Used by the Directorate of Justice and Home Affairs of 27 October 2014 (OS 71, 163; ABI 2013-11-15). In force since 1 July 2016.

53 Version according to Act of 7 November 2016 (OS 71, 459; ABI 2016-06-24). In force since 7 November 2016 (ABI 2016-11-18).

54 Inserted by Act of 30 November 2015 (OS 71, 439; ABI 2015-04-24). In force since 1 January 2017.

55 Version according to Act of 30 November 2015 (OS 71, 439; ABI 2015-04-24). In force since 1 January 2017.

56 Inserted by the Municipal Act of 20 April 2015 (OS 72, 183; ABI 2013-04-19). In force since 1 January 2018.

44

GOG

211.1

57 Version according to the Municipal Act of 20 April 2015 (OS 72, 183; ABI 2013-04-19). In force since 1 January 2018.

58 Version according to Act of 26 February 2018 (OS 73, 113; ABI 2017-07-14). In force since 1 March 2018.

59 Version according to Act of 26 February 2018 (OS 74, 148; ABI 2017-09-15). In force since 4 March 2019.

60 Inserted by Act of 9 December 2019 (OS 74, 593; ABI 2019-07-05). In force since 1 January 2020.

61 Version according to Act of 9 December 2019 (OS 74, 593; ABI 2019-07-05). In force since 1 January 2020.

62 Repealed by Act of 9 December 2019 (OS 74, 593; ABI 2019-07-05). In force since 1 January 2020.

63 Inserted by Act of 28 October 2019 (OS 75, 236; ABI 2018-06-01). In force since 1 May 2020.

64 Inserted by the Act on Information and Data Protection of 25 November 2019 (OS 75, 263; ABI 2018-07-13). In force since 1 June 2020.

65 Version according to the Act on Information and Data Protection of 25 November 2019 (OS 75, 263; ABI 2018-07-13). In force since 1 June 2020.

66 Version according to the Act on Registration and Resident Registers of 11 May 2015 (OS 70, 407; ABI 2014-10-31). In force since 1 January 2021.

67 Repealed by the Act on Registration and Resident Registers of 11 May 2015 (OS 70, 407; ABI 2014-10-31). In force since 1 January 2021.

68 Inserted by Act of 30 November 2020 (OS 76, 198; ABI 2020-02-28). In force since 1 July 2021.

69 Inserted by Act of 25 September 2023 (OS 78, 463; ABI 2023-03-17). In force since 1 January 2024.

70 Version according to Act of 25 September 2023 (OS 78, 463; ABI 2023-03-17). In force since 1 January 2024.

1.10.24-126

45

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