Rayon ban

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Zurich City Police on duty on the occasion of a May Day demonstration , as a result of which there are repeated bans on rayons.

A rayon ban (from the French rayon in the sense of radius), also known as a refraining order , is a form of action under Swiss or cantonal law. With a rayon ban, the police and other authorities, such as courts or cantonal migration offices , can prohibit a person from visiting or returning to a location. In the latter case, the ban on the area is combined with a removal order. Depending on whether the rayon ban is pronounced on site or (in the case of longer bans) communicated in writing, there is either a real act or an order . Rayon bans result from a large number of decrees and can therefore also be issued for a variety of reasons, for example to prevent domestic violence or hooliganism or to facilitate the work of the police.

Public law

Early forms

In older police laws already partly the ability to evict people from one place place when they endanger themselves or task forces ( blue light services hinder). In 1994, the Federal Act on Residence and Settlement of Foreigners (ANAG) was supplemented with the option of “requiring a foreigner who does not have a residence or permanent residence permit and who disrupts or endangers public security and order, in particular to combat the illegal drug trade, to not to leave an area assigned to him or not to enter a certain area ».

Lex falls

In 1997, the canton of Bern carried out a revision of police law , primarily to combat the then current open drug scene . The key point was a revision of Article 29 of the Police Act, called Lex Wasserfallen, or guide article , after the then Police Director Kurt Wasserfallen . This was the first option to expel people regardless of their origin or to keep them away if they endanger public safety or order. The idea was very well received in the other cantons. Today, 18 out of 26 cantons have a similar regulation, with alternative or cumulative evictions being possible if there is a harassment or danger to third parties. The possible duration of rayon bans varies greatly from canton to canton.

Today, all cantonal collections of laws also provide for the possibility of removing people from their shared home in order to prevent domestic violence and forbidding them to enter certain areas, such as the victim's place of residence or work.

Hooliganism

In the run-up to Euro 08 , which was organized by Austria and Switzerland, the Federal Council sought to revise the federal law on measures to safeguard internal security (BWIS). Among other things, the aim should be to “supplement the security system for the implementation of the European Football Championship EURO 2008” and, as a result, to combat hooliganism. In addition to the introduction of a central database for recording hooligans ( HOOGAN ), this revision also provided for the possibility of imposing rayon bans, which found its way into the BWIS as Art. 24b.

Even before the introduction of a rayon ban at the national level, this was controversial, as the Swiss legal system only allows the federal government to legitimize in areas expressly assigned to it. All other issues are up to the cantons. It was questionable whether Art. 57 of the Federal Constitution represents a sufficient legal basis for regulation at national level. The Federal Council was aware of this uncertainty - but also of the time pressure - and therefore pleaded for a change to the BWIS for a limited time only. Art. 24b BWIS was accordingly repealed at the end of 2009. Since the cantons did not want to forego the opportunities that would vanish, the Conference of Cantonal Justice and Police Directors (KKJPD) passed the Concordat on measures to combat violence at sporting events ("Hooligan Concordat"). It essentially took over the temporary regulations of the BWIS. All cantons have acceded to this first version of the Concordat.

Criminal law

With the Federal Act on the Prohibition of Activities and the Ban on Contact and Rayon of December 13, 2013 - in force since January 1, 2015 - the Swiss Criminal Code , Youth Criminal Law and Military Criminal Law were expanded to include the possibility of imposing district bans. The prerequisite for this is that the perpetrator has committed a crime or offense against one or more other people and there is a risk that a new contact could result in another offense or crime . In this case, a contact and rayon ban of up to five years is possible. The change in the law took place against the background of the motion by Carlo Sommaruga (08.3373) "Increased prevention of pedagogical and other crimes"

civil right

With the introduction of Art. 28b ZGB , which came into force on July 1, 2007, the same possibility was also created through civil law . This allows a victim of domestic violence to sue the perpetrator for a rayon ban himself. The newly created standard also provides the same right in a general form for “violence, threats or stalking ” ( stalking ).

Encroachment on fundamental rights

Rayon prohibitions represent an infringement of the fundamental right of personal freedom , more freedom of movement,. Even the consternation of other fundamental rights, such as freedom , the freedom of assembly or freedom of expression , is possible. In order to justify such an encroachment on fundamental rights , a number of prerequisites are required: The restriction must have a legal basis, must be justified by a public interest or the protection of fundamental rights of third parties , and must be proportionate overall . If there is no legal basis, the general police clause can be applied.

See also

literature

Web links

Wiktionary: Rayon ban  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ↑ Christoph Jenni: Evidence-based requirements for holding orders. (PDF) (No longer available online.) In: Sicherheit & Recht , 1/2010. P. 47 , formerly in the original ; accessed on August 26, 2015 .  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / www.oefre.unibe.ch  
  2. ↑ a b Daniel Moeckli / Raphael Keller: Directional directions and Rayon prohibitions - an overview. (PDF) December 18, 2012, p. 2 , accessed on August 27, 2015 .
  3. ↑ a b Markus Müller / Reto Feller: Bernese administrative law . Stämpfli Verlag , Bern 2008, ISBN 978-3-7272-9819-6 , p. 279 .
  4. ^ Markus Müller / Reto Feller: Bernese administrative law . Stämpfli Verlag , Bern 2008, ISBN 978-3-7272-9819-6 , p. 283 .
  5. ↑ a b Daniel Moeckli / Raphael Keller: Directional directions and Rayon prohibitions - an overview. (PDF) December 18, 2012, p. 3 , accessed on August 27, 2015 .
  6. ↑ Art. 13e ANAG, as amended on September 1, 2000 ( no longer in force today). The same regulatory content can be found today in Art. 74 AuG .
  7. ↑ Art. 29 para. 1 lit. b ( Memento of the original from March 23, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. of the Police Act of the Canton of Bern. @1@ 2Template: Webachiv / IABot / www.sta.be.ch
  8. ^ Lorenz Hanselmann: Directional directions: Ten years of dispute over "Lex Wasserfallen". In: 20 minutes . June 7, 2007, accessed September 11, 2015 .
  9. ↑ a b Daniel Moeckli / Raphael Keller: Directional directions and Rayon prohibitions - an overview. (PDF) December 18, 2012, p. 4 , accessed on August 27, 2015 .
  10. ^ Daniel Moeckli / Raphael Keller: Directional directions and bans on the area - an overview. (PDF) December 18, 2012, p. 11 , accessed on August 27, 2015 .
  11. ↑ Message on the amendment of the Federal Act on Measures to Safeguard Internal Security. (PDF) In: Official Collection of Federal Law . Federal Council, August 17, 2005, p. 5614 , accessed on August 27, 2015 .
  12. ↑ Federal law on measures to safeguard internal security. (PDF) In: Systematic Collection of Federal Law . December 5, 2008, p. 15 , accessed on August 27, 2015 (out of force).
  13. ↑ Art. 3 BV.
  14. ↑ Art. 57 BV.
  15. ↑ Message on the amendment of the Federal Act on Measures to Safeguard Internal Security. (PDF) In: Official Collection. Federal Council, August 17, 2005, p. 5623 , accessed on August 27, 2015 .
  16. ↑ Federal Act on Measures to Safeguard Internal Security (BWIS) - amendment of October 3, 2008. (PDF) In: Official collection. Federal Assembly , September 30, 2009, p. 5091 , accessed on August 27, 2015 .
  17. ↑ BGE 137 I 31. In: Collection of decisions. Federal Court , October 13, 2010, p. 32 , accessed on August 27, 2015 .
  18. ↑ Hooliganism. (No longer available online.) In: Homepage of the KKJD. Archived from the original on February 11, 2016 ; accessed on August 27, 2015 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.kkjpd.ch
  19. ^ Federal law on the prohibition of activities and the prohibition of contact and district. (PDF) In: Systematic Collection. December 13, 2013, accessed August 27, 2015 .
  20. ↑ Art. 67b StGB .
  21. ↑ Art. 16a JStG .
  22. ↑ Art. 50b MStG .
  23. ↑ Motion 08.3373 - "Increased prevention of pedagogical and other crimes". In: Curia Vista - business database of the Federal Assembly . June 12, 2008, accessed September 11, 2015 .
  24. ↑ Explanatory report on the amendment to the Federal Constitution, the Criminal Code, the Military Criminal Law and the Youth Criminal Law (prohibition of activities and prohibition of contact and district). (PDF) Federal Office of Justice , January 2011, p. 2 , accessed on September 11, 2015 .
  25. ↑ Information sheet 7: Stalking: threatened, harassed, persecuted. (PDF) (No longer available online.) Federal Bureau for Equality between Women and Men , February 17, 2015, p. 5 , archived from the original on May 30, 2015 ; accessed on September 11, 2015 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.ebg.admin.ch
  26. ↑ Stephanie Hrubesch-Millauer / Rolf Vetterli: Domestic violence: the meaning of Article 28b ZGB. In: FamPra . September 1, 2009, accessed September 11, 2015 .
  27. ↑ Art. 10 para. 2 BV .
  28. ↑ a b Contact and area bans in Switzerland - an overview. Human Rights Association Switzerland (MERS), December 28, 2013, accessed on August 27, 2015 .