Swiss Criminal Procedure Code
(Criminal Procedure Code, CrimPC)

The prosecution authorities are:

1. the police;

2. the public prosecutor;

3. the authorities responsible for prosecuting contraventions.

The following bodies have judicial powers in criminal proceedings:

1. the compulsory measures court;

2. the court of first instance;

3. the court for Article 393 appeals;

4. the court for Article 398 appeals.

The Confederation and the cantons shall determine their own criminal justice authorities and the titles that they use.

They shall regulate the composition, organisation and powers of the criminal justice authorities and the appointment of their members, unless this Code or other federal acts regulate the same in full.

They may establish the offices of a chief public prosecutor or attorney general.

They may establish two or more similar criminal justice authorities and specify the local or material jurisdiction of each; exempted therefrom are the courts for Article 393 and Article 398 appeals.

They shall regulate the supervision of their criminal justice authorities.

The activities of the federal, cantonal and communal police in prosecution matters are governed by this Code.

The police investigate offences on their own initiative, in response to reports from members of the public and from authorities, and on the instructions of the public prosecutor; in doing so, they are subject to the supervision and the directives of the public prosecutor.

Where criminal proceedings are pending before a court, the court may issue the police with instructions and assignments.

The public prosecutor is responsible for the uniform exercise of the state's right to punish criminal conduct.

It conducts preliminary proceedings, pursues offences within the scope of the investigation, and where applicable brings charges and acts as prosecutor.

The Confederation and the cantons may delegate the prosecution and adjudication of contraventions to administrative authorities.

Where contraventions are committed in connection with a felony or misdemeanour, they shall be prosecuted by the public prosecutor and judged by the courts at the same time as the more serious offence.

The compulsory measures court is responsible for ordering the accused's remand or preventive detention and, where this Code so provides, for ordering or approving additional compulsory measures.

Members of the compulsory measures court may not sit as judge at the trial in the same case.

The court of first instance assesses, as the first instance, all offences that do not fall within the jurisdiction of other authorities.

The Confederation and the cantons may provide that the court of first instance comprise one judge sitting alone to assess:

1. contraventions;

2. ⁴felonies and misdemeanours, with exception of those for which the public prosecutor demands a custodial sentence of more than two years, indefinite incarceration in terms of Article 64 SCC⁵, treatment in terms of Article 59 SCC or, in the case of suspended sanctions to be revoked simultaneously, a deprivation of liberty of more than two years.

The court for Article 393 appeals rules on Article 393 appeals against the procedural acts and decisions not subject to an Article 398 appeal:

1. of the courts of first instance;

2. of the police, the public prosecutor and the authorities responsible for prosecuting contraventions;

3. of the compulsory measures court in the cases provided for by this Code.

The Confederation and the cantons may assign the powers of the court for Article 393 appeals to the court for Article 398 appeals.

The court for Article 398 appeals decides on:

1. Article 398 appeals against judgments of the courts of first instance;

2. applications for the review of a case.

Any person who has acted as a member of the court for Article 393 appeals may not sit as a member of the court for Article 398 appeals in the same case.

Any person who has acted as a member of the court for Article 398 appeals in a specific case may not act as a judge reviewing the same case.

The cantonal criminal justice authorities shall prosecute and judge offences under federal law, subject to the statutory exceptions.

The following offences in the SCC⁶ are subject to federal jurisdiction:

1. ⁷the offences in Titles One and Four and Articles 140, 156, 189 and 190 insofar as they are committed against persons protected by international law, members of the Federal Council, the Federal Chancellor or judges of the Federal Courts, members the Federal Assembly, the Federal Attorney General or the Deputy Attorneys General;

2. the offences in Articles 137–141, 144, 160 and 172^ter insofar as they relate to premises, archives or documents of diplomatic missions and consulates;

3. the taking of hostages in terms of Article 185 in order to exert duress on federal or foreign authorities;

4. felonies and misdemeanours under Article 224–226^ter;

5. ⁸the felonies and misdemeanours in Title Ten relating to coinage, paper money and banknotes, official stamps and other federal marks, weights and measures;

6. the felonies and misdemeanours in Title Eleven insofar as they relate to official federal documents, with the exception of driving licences and receipts for postal money transfers; not included are vignettes for using first and second class national highways;

7. ⁹the offences in Title Twelve^bis and Twelve^ter as well as Article 264k;

8. the offences in Article 260^bis and in Titles Thirteen to Fifteen and in Title Seventeen, provided they are directed against the Confederation, the authorities of the Confederation, the will of the People in federal elections, popular votes, requests for a referendum or initiatives, against federal powers or against the administration of federal justice;

9. the felonies and misdemeanours in Title Sixteen;

10. the offences in Titles Eighteen and Nineteen insofar as they are committed by a member of an authority or an employee of the Confederation or against the Confederation;

11. ¹⁰the contraventions in Articles 329 and 331;

12. political felonies and misdemeanours that are the cause or consequence of unrest that gives rise to armed federal intervention.

The regulations contained in special federal acts on the jurisdiction of the Federal Criminal Court are reserved.

Federal jurisdiction further applies to the offences in Articles 260^ter, 260^quinquies, 260^sexies, 305^bis, 305^ter and 322^ter–322^septies SCC¹² as well as the felonies associated with a criminal or terrorist organisation as defined in Article 260^ter SCC, if the offences:¹³

1. have to substantial extent been committed abroad;

2. have been committed in two or more cantons with no single canton being the clear focus of the criminal activity.

In the case of felonies under Titles Two and Eleven of the SCC, the Office of the Attorney General of Switzerland may open an investigation if:

1. the requirements of paragraph 1 are fulfilled; and

2. no cantonal criminal justice authority is dealing with the case or if the competent cantonal criminal justice authority requests the Office of the Attorney General of Switzerland to take over the case.

The opening of an investigation in accordance with paragraph 2 establishes federal jurisdiction.

The Office of the Attorney General of Switzerland may assign a criminal case subject to federal jurisdiction in terms of Article 23 to the cantonal authorities for investigation and adjudication or, by way of exception, for assessment only. Exempted therefrom are criminal cases in terms of Article 23 paragraph 1 letter g.

In minor cases, it may also assign a criminal case subject to federal jurisdiction in terms of Article 24 to the cantonal authorities for investigation and adjudication.

If the offence was committed in two or more cantons or abroad or if offenders, co-offenders, or participants are domiciled or habitually resident in different cantons, the Office of the Attorney General of Switzerland shall decide which canton investigates and adjudicates the case.

If a criminal case is subject to both federal and cantonal jurisdiction, the Office of the Attorney General of Switzerland may instruct the proceedings to be combined and dealt with by the federal authorities or the cantonal authorities.

Jurisdiction established in accordance with paragraph 2 continues to apply even if that part of the proceedings that established jurisdiction has been abandoned.

Where delegation in accordance with this Chapter is an option, the public prosecutors of the Confederation and the cantons shall provide each other with their respective files. Once the decision is made, the files shall be passed to the authority that must investigate and adjudicate the case.

Where a case is subject to federal jurisdiction, the matter is urgent and the federal criminal justice authorities are not yet involved, the police enquiries and the investigation may also be conducted by the cantonal authorities that have local jurisdiction under the rules on place of jurisdiction. The Office of the Attorney General of Switzerland must be notified immediately; the case must be transferred to the OAG or referred for a decision in terms of Articles 25 or 26 as soon as possible.

In the case of offences that have been committed wholly or partly in two or more cantons or abroad and for which federal or cantonal jurisdiction has not yet been established, the federal criminal justice authorities may conduct the initial enquiries.

In the event of conflicts between the Office of the Attorney General of Switzerland and cantonal criminal justice authorities, the Federal Criminal Court shall decide.

Offences shall be prosecuted and adjudicated together where:

1. one person is accused of two or more offences; or

2. the case involves co-offending or participation.

Where one or more of multiple offences are subject to federal jurisdiction or multiple offences have been committed in different cantons and by two or more persons, Articles 25 and 33–38 take precedence.

The public prosecutor and the courts may separate or combine criminal proceedings for practical reasons.

The authorities at the place where the criminal act was committed have jurisdiction to prosecute and adjudicate the offence. If it is only the outcome of the offence that occurs in Switzerland, the authorities at the place where it occurs have jurisdiction.

Where the offence is committed in two or more places or if the outcome occurs in two or more places, the authorities in the place where the initial prosecution procedures are carried out have jurisdiction.

Where an accused has committed two or more felonies, misdemeanours or contraventions in the same place, the various proceedings shall be combined.

Where an offence was committed abroad or if the place of commission cannot be established, the authorities of the place where the accused is domiciled or habitually resident has jurisdiction to prosecute and adjudicate the offence.

If the accused is neither domiciled nor habitually resident in Switzerland, the authorities at his or her place of origin have jurisdiction; in the absence of a place of origin, the authorities of the place where the accused was found have jurisdiction.

In the absence of a place of jurisdiction in accordance with paragraphs 1 and 2, authorities of the Canton requesting extradition have jurisdiction.

The participants in an offence shall be prosecuted and adjudicated by the same authorities as the principal offender.

If an offence has been committed by two or more co-offenders, the authorities of the place where the initial prosecution procedures were carried out have jurisdiction.

Where an accused has committed two or more offences at different loci, the authorities of the place where the offence that carries the most severe penalty was committed have jurisdiction to prosecute and adjudicate all offences. Where two or more offences carry the same penalty, the authorities of the place where the initial prosecution procedures were carried out have jurisdiction.

Where charges have already been brought in a participant canton in respect of one of the offences at the time of the procedure to establish jurisdiction in accordance with Articles 39–42, the proceedings shall be conducted separately.

Where a person is sentenced by different courts to two or more similar penalties, the court that has imposed the most severe penalty shall on application impose a cumulative sentence on the convicted person.

In the case of an offence under Article 28 SCC¹⁴ committed in Switzerland, the authorities of the place where the media undertaking has its registered office have jurisdiction.

If the author is known and if he or she is domiciled or habitually resident in Switzerland, the authorities at the domicile or the place of habitual residence have jurisdiction. In such a case, the proceedings shall be conducted where the initial prosecution procedures were carried out. In the case of offences prosecuted only on complaint, the complainant may choose between the two places of jurisdiction.

Where no place of jurisdiction is established by paragraphs 1 or 2, the authorities of the place where the media product is broadcast have jurisdiction. If broadcasting takes place in two or more places, the authorities of the place where the initial prosecution procedures were carried out have jurisdiction.

In the case of offences in accordance with Articles 163–171 SCC¹⁵, the authorities at the domicile, place of habitual residence or registered office of the debtor have jurisdiction responsible.¹⁶

For criminal proceedings against a corporate undertaking in terms of Article 102 SCC, the authorities at the registered office of the undertaking have jurisdiction. The foregoing also applies if a person acting for the undertaking is also being prosecuted for the same offence.

In the absence of a place of jurisdiction in accordance with paragraphs 1 and 2, jurisdiction is established in accordance with Articles 31–35.

Separate forfeiture proceedings (Art. 376–378) must be carried out in the place where the items or assets to be forfeited are located.

If the items or assets to be forfeited are located in two or more cantons and if they are connected to the same offence or offender, the authorities of the place where the forfeiture proceedings were initiated has jurisdiction.

The public prosecutors may by mutual agreement establish a place of jurisdiction other than that provided for in Articles 31–37 if this is justified by the focus of the criminal activity, the personal circumstances of the accused or other just cause.

In order to safeguard the procedural rights of a party, after charges have been filed, the cantonal court for Article 393 appeals may on application from that party or ex officio transfer the adjudication to another court of first instance in the same canton with material jurisdiction in derogation from the rules on place of jurisdiction in this Chapter.

The criminal justice authorities shall verify their jurisdiction ex officio and if necessary transfer the case to the competent authority.

Where two or more criminal justice authorities have local jurisdiction, the public prosecutors concerned shall notify each other immediately of the essential elements of the case and endeavour to reach agreement as soon as possible.

In the event of a dispute over jurisdiction between criminal justice authorities in the same canton, the Office of the Chief Cantonal Prosecutor or Cantonal Attorney General shall decide or, if there is no such office, the cantonal court for Article 393 appeals.¹⁷

In the event of a dispute over jurisdiction between criminal justice authorities in different cantons, the public prosecutor of the canton that was first to deal with the matter shall submit the issue immediately, and in every case before bringing charges, to the Federal Criminal Court for decision.

The authority competent to decide on the place of jurisdiction may specify a place of jurisdiction other than that provided for in Articles 31–37 if this is required due to the focus of the criminal activity or the personal circumstances of the accused or if there is other just cause.

If a party wishes to contest the jurisdiction of the authority conducting the criminal proceedings, he or she must immediately request the authority to transfer the case to the competent criminal justice authority.

The parties may file an Article 393 appeal within 10 days with the authority responsible for the decision on the place of jurisdiction in terms of Article 40 against the decision on the place of jurisdiction (Art. 39 para. 2) made by the public prosecutors concerned. If the public prosecutors have agreed on an alternative place of jurisdiction (Art. 38 para. 1), only the party whose request under paragraph 1 is rejected has the right to file an Article 393 appeal.

Until a binding decision is made on the place of jurisdiction, the first authority to deal with the case shall carry out any measures that cannot be delayed. If necessary, the authority responsible for the decision on the place of jurisdiction shall designate the authority that must provisionally deal with the matter.

Persons who have been arrested shall only be transferred to the authorities of other cantons when a binding decision on jurisdiction has been made.

A place of jurisdiction established in accordance with Articles 38–41 may be changed only if good cause has subsequently arisen before charges have been brought.

The provisions this Chapter regulate mutual assistance in criminal matters provided by federal and cantonal authorities to public prosecutors, authorities responsible for prosecuting contraventions and federal and cantonal courts.

In relation to the police, these provisions apply to the extent that the police are acting on instructions from public prosecutors, authorities responsible for prosecuting contraventions and courts.

Direct mutual assistance between police authorities at federal and cantonal levels and between two or more cantonal police authorities is permitted provided it does not relate to compulsory measures that fall within the exclusive competence of the public prosecutor or the court.

Mutual assistance is deemed to be any measure requested by an authority within the scope of their competence in ongoing criminal proceedings.

The federal and cantonal authorities are obliged to provide mutual assistance in respect of offences being prosecuted and adjudicated under federal law in application of this Code.

The cantons shall, to the extent that it is required and possible, provide the criminal justice authorities of the Confederation and other cantons with rooms in which to carry out their official duties and for the accommodation of persons detained pending trial.

At the request of the federal criminal justice authorities, the cantons shall take the measures required to guarantee the security of the official duties of these authorities.

The authorities shall communicate directly with each other¹⁹.

Requests for mutual assistance may be filed in the language of the requesting or the requested authority.

If there is any uncertainty as to which authority has jurisdiction, the requesting authority shall file the request for mutual assistance with the highest public prosecutor of the requested Canton or of the Confederation. This service shall pass the request on to the relevant office.

Mutual assistance is provided free of charge.

The Confederation shall reimburse the cantons the costs of support as defined in Article 45 that it has caused them to incur.

Notice shall be given to the requesting canton or the Confederation of any costs that have arisen in order that they may be charged to the parties liable to pay costs.

The requesting canton or the Confederation shall bear any obligations to pay compensation arising from mutual assistance measures.

The court for Article 393 appeals in the relevant canton shall make a final decision on any dispute over mutual assistance between authorities of the same canton.

The Federal Criminal Court decides on conflicts between federal and cantonal authorities as well as between authorities of different cantons.

The federal and cantonal public prosecutors and courts may request the criminal justice authorities of other cantons or of the Confederation to carry out procedural acts. The requested authority shall not examine whether the requested procedural acts are admissible or equitable.

The authorities of the requesting Canton or of the Confederation have jurisdiction to hear Article 393 appeals against mutual assistance measures. Only the implementation of the mutual assistance measures may be contested before the authorities of the requested Canton or of the Confederation.

The requesting authority shall request that a person be arrested with a written warrant for an enforced appearance (Art. 208).

If possible, the requested authority shall hand over the arrested persons within 24 hours.

Applications for other compulsory measures must include a brief notice of the grounds. In cases of urgency, notice of the grounds may be provided later.

The parties, their legal agents and the requesting authority may participate in the requested procedural acts, insofar as this Code provides therefor.

If participation is possible, the requested authority shall notify the requesting authority, the parties and their legal agents as to where and when the procedural act will be carried out.

Federal and cantonal public prosecutors, authorities responsible for prosecuting contraventions and courts are entitled to order and carry out any of the procedural acts specified in this Code directly in another canton.

Prior notice shall be given to the public prosecutor of the canton in which the procedural act is to be carried out. In cases of urgency, subsequent notice is possible. No notice is required for obtaining information and for requesting the handover of files.

The costs of the procedural acts and any related obligations to pay compensation shall be borne by the Confederation or the canton carrying out the act; it may charge the costs to the parties in accordance with Articles 426 and 427.

If the requesting authority requires the support of the police in order to carry out a procedural act, it shall make the relevant request to the public prosecutor of the requested Canton, which shall issue the necessary instructions to the local police.

Proceedings before the criminal justice authorities shall be conducted orally unless this Code provides for written proceedings.

The Confederation and the cantons shall determine the languages to be used by their criminal justice authorities in proceedings.

The cantonal criminal justice authorities shall carry out all procedural acts in the languages that they use in proceedings; the director of proceedings may permit exceptions.

Where a party to the proceedings does not understand the language of the proceedings or is unable to express him- or herself adequately, the director of proceedings shall appoint an interpreter. In minor or urgent cases, the director of proceedings may, if the person concerned consents, dispense with appointing an interpreter provided the director of proceedings and the clerk of court have an adequate command of the foreign language concerned.

Even if he or she has a defence lawyer, the accused shall be notified in a language that he or she understands, either orally or in writing, of at least the essential content of the most important procedural acts. There is no right to have all procedural acts and files translated in full.

Files that are not submissions made by parties shall, if required, be translated in writing or orally translated for the record of proceedings.

A person of the same sex must be appointed to translate questions to be put to the victim of a sexual offence where the victim so requests and it is possible without causing an unreasonable delay to the proceedings.

The provisions on expert witnesses (Art. 73, 105, 182–191) apply mutatis mutandis to translators and interpreters.

Proceedings before the court of first instance and the court for Article 398 appeals, together with the oral passing of judgments and decrees of these courts shall, with the exception of the judges' deliberations, be conducted in public.

If the parties to such cases have waived their right to the public passing of judgment, or if a summary penalty order is issued, interested persons may inspect the judgments and summary penalty orders.

The following proceedings are not conducted in public:

1. preliminary proceedings, with the exception of public announcements made by the criminal justice authorities;

2. proceedings before the compulsory measures court;

3. proceedings before the court for Article 393 appeals and, in cases where they are conducted in writing, before the court for Article 398 appeals;

4. summary penalty order proceedings.

Public hearings are open to all members of the public; however, persons under 16 years of age shall only be admitted with the permission of the director of proceedings.

The court may completely or partly exclude members of the public from court hearings if:

1. public safety or order or the legitimate interests of a person involved, and in particular the victim, so require;

2. too many members of the public wish access to the court.

If members of the public are excluded, the accused, the victim and private claimants may each be accompanied by a maximum of three confidants.

Subject to specific requirements, the court may allow court reporters and additional persons with a legitimate interest access to proceedings that are private in accordance with paragraph 1.

If members of the public are excluded, the court shall pass judgement at a public hearing or shall if required inform the public of the outcome of the proceedings in another suitable manner.

It is not permitted to make video or audio recordings within the court building or to make such recordings of procedural acts carried out outside the court building.

Persons infringing the foregoing paragraph may be liable to a fixed penalty fine in accordance with Article 64 paragraph 1. Unauthorised recordings may be confiscated.

The Confederation and the cantons may regulate the accreditation and rights and obligations of court reporters.

Members of criminal justice authorities, their employees and experts appointed by criminal justice authorities shall treat as confidential information that comes to their knowledge in the exercise of their official duties.

The director of proceedings may require private claimants and other persons involved in the proceedings and their legal agents, under caution as to Article 292 SCC²⁵, to maintain confidentiality with regard to the proceedings and the persons concerned if the object of the proceedings or a private interest so requires. A time limit must be placed on this obligation.

The public prosecutor, the courts and, with the consent of the courts, the police may provide the public with information on pending proceedings where this is required:

1. so that the public may assist in enquiries into offences or in locating suspects;

2. to warn or reassure the public;

3. to correct inaccurate reports or rumours;

4. due to the special importance of a case.

The police may also inform the public on their own initiative about accidents and offences without naming the persons involved.

When providing information to the public, the presumption of innocence and the personal privacy of the persons concerned must be observed.

In cases involving a victim, authorities and private individuals may only identify the victim or provide information that enables his or her identification outside public court proceedings if:

1. the assistance of the public in enquiries into a felony or in tracing suspects is required; or

2. the victim or his or her survivors consent.

Where an accused is serving a sentence or subject to a criminal measure, the criminal justice authorities shall inform the authorities responsible for the execution of sentences or measures of any new criminal proceedings and any decisions issued.

The criminal justice authorities shall inform the social services and child and adult protection authorities of any criminal proceedings that have been initiated and of any decisions in criminal proceedings if this is required for the protection of an accused or a person suffering harm or his or her next-of-kin.²⁶

If they establish in the prosecution of offences in which minors are involved that further measures are required, they shall inform the child protection authorities immediately.²⁷

The director of proceedings shall notify the Defence Group of pending criminal proceedings against members of the armed forces or potential conscripts if there are serious indications or other evidence that the person concerned could use a firearm to harm themselves or other persons.²⁸

The Confederation and the cantons may require or authorise the criminal justice authorities to make further communications to authorities.

The statements of the parties, the oral decisions of the authorities and any other procedural acts that are not carried out in writing shall be recorded.

The clerk of court, the director of proceedings and, where applicable, the interpreter or translator shall confirm the accuracy of the record.

The director of proceedings is responsible for ensuring that procedural acts are completely and correctly recorded.

He or she may order that an audio or video recording of all or part of a procedural act be made, in addition to its being recorded in writing. He or she shall give those present advance notice of such a recording.

The records of proceedings contain details of all the essential procedural acts and in particular provide information on:

1. the nature, place, date and time of the procedural acts;

2. the names of the participant members of authorities, the parties, their legal agents and any other persons present;

3. the applications of the parties;

4. the caution given regarding the rights and obligations of the persons examined;

5. the statements made by the persons examined;

6. the course of events in the proceedings, the instructions given by the criminal justice authority and compliance with the formal requirements for the individual procedural acts;

7. the files and other evidence submitted by the persons involved in the proceedings or otherwise produced in the criminal proceedings;

8. the decisions and the grounds therefor, unless these are separately included in the files.

The statements of the parties, witnesses, persons providing information and expert witnesses shall be recorded as they are made.

The record is made in the language of the proceedings, but important statements must if possible be recorded in the language in which the person examined makes them.

Decisive questions and answers shall be recorded verbatim.

The director of proceedings may permit the person examined to dictate his or her own statements.

On conclusion of the examination hearing, the record shall be read out to the person examined or given to him or her to read. Once aware of its content, the person examined must sign the record and initial each page. If he or she refuses to read or sign the record, the refusal and reasons given for doing so shall be noted in the record.

…³⁰

In the case of hearings by means of video conference, the person examined shall make an oral declaration that he or she understands the content of the record instead of signing and initialling the same. The declaration shall be noted in the record.

If records written by hand are not easily legible or if the statements have been recorded in shorthand, a legible copy shall be prepared immediately. Notes shall be preserved until the conclusion of the proceedings.³¹

If an examination hearing is recorded using technical aids, the following derogations from the general rules (Art. 78) apply:

1. Instead of making a continuous written transcript of the examination, the transcript may be made after the examination based on the recording, but in principle within seven days of the examination.

2. The examining authority may dispense with reading the transcript back to the person examined and or giving that person the transcript to read and sign.

3. The recordings of the examination shall be placed in the case files immediately.

Obvious errors shall be corrected by the director of proceedings and the clerk of court; the director of proceedings shall thereafter notify the parties of the corrections.

The director of proceedings shall decide on requests to have the records corrected.

Corrections, alterations, deletions and additions shall be certified by the clerk of court and the director of proceedings. Any alterations to the content shall be made in such a manner that the original record remains recognisable.

Decisions that determine substantive criminal or civil issues, together with individual subsequent decisions and individual forfeiture decisions, are issued in the form of a judgment. Other decisions, if made by an authority comprising a panel of judges, are issued in the form of a decree, or if they are made by a single person, in the form of a ruling.³³ The provisions on summary penalty order procedures are reserved.

Decisions are issued in writing and contain a statement of the grounds. They are signed by the director of proceedings and the clerk of court and are served on the parties.

Simple decrees and rulings directing proceedings do not require to be issued in any specific form or to contain a statement of grounds; they are noted in the case records and notified to the parties in a suitable manner.

Judgments and other decisions concluding proceedings contain:

1. an introduction;

2. a statement of the grounds;

3. conclusions;

4. if subject to appeal: instructions on appellate remedies.

The introduction contains:

1. details of the criminal justice authority and its members who participated in making the decision;

2. the date of the decision;

3. sufficient details of the parties and of their legal agents;

4. in the case of judgments, the final submissions made by the parties.

The statement of the grounds contains:

1. in the case of judgments: an appraisal of the factual and legal issues relating to the conduct incriminating the accused, and an explanation of why any sanctions or incidental legal orders were imposed and the decision on costs or compensation;

2. in the case of other decisions concluding proceedings: the reasons for concluding the proceedings.

The conclusions contain:

1. details of the statutory provisions;

2. in the case of judgments: the verdict and decisions on related sanctions, costs and compensation and any civil claims;

3. in the case of other decisions concluding proceedings: the order concluding the proceedings;

4. the subsequent decisions of the court;

5. the decision on the incidental legal orders;

6. the details of the persons and authorities who are to receive a copy of the decision or of the conclusions.

The court of first instance shall dispense with a written statement of the grounds if it:

1. states the grounds for the judgment orally; and

2. ³⁴it does not impose a custodial sentence of more than two years, indefinite incarceration under Article 64 SCC³⁵, treatment in terms of Article 59 SCC or, in the case of suspended sanctions to be revoked simultaneously, a deprivation of liberty of more than two years.

The court shall provide the parties retrospectively with a written judgment stating the grounds if:

1. a party requests the same within 10 days of service of the conclusions;

2. a party files an appeal.

If it is only the private claimant who requests a written judgment stating the grounds or who appeals, the court shall provide a statement of grounds only to the extent that this relates to the criminal conduct to the prejudice of the private claimant and to his or her civil claims.

In the appellate proceedings, the court may refer to the grounds stated by the lower court in its appraisal of the factual and the legal issues in the case.

If the conclusions to the decision are unclear, contradictory or incomplete, or if they are inconsistent with the grounds, the criminal justice authority that made the decision shall explain or correct the decision on the application of a party or on its own initiative.

The application must be submitted in writing, indicating the matters that are contested or the amendment that are requested.

The criminal justice authority shall allow the other parties the opportunity to comment on the application.

Notice of the explanation for or corrections to the decision shall be given to the parties.

If the proceedings are public, the court shall give notice of the judgment orally on conclusion of its deliberations and state the grounds in brief.

The court shall provide the parties with a written copy of the conclusions at the end of the trial or serve it on the parties within 5 days.

If the court is unable to issue the judgment immediately, it shall do so as soon as possible and give notice of the judgment in rearranged hearing. If in such an event the parties waive their right to have the judgment issued publicly, the court shall serve the conclusions of the judgment on them immediately after it has been reached.

If the court has to state grounds for the judgment, it shall serve the judgment with a full statement of grounds on the accused and the public prosecutor within 60 days, or by way of exception 90 days. The other parties shall be served only with those parts of the judgment in which their applications are mentioned.

The criminal justice authority shall give notice of simple decrees or rulings directing proceedings to the parties in writing or orally.

Notice of decisions shall be given to other authorities in accordance with federal and cantonal law, notice of appeal decisions shall also be given to the lower court, and notice of legally binding decisions shall if necessary be given to the authorities responsible for the execution of sentences and measures and to the authorities responsible for the register of convictions.

The criminal justice authorities shall issue communications in writing, unless this Code provides otherwise.

Service shall be effected by registered mail or in any other way provided confirmation of receipt is obtained, and in particular by personal service by the police

It is effected if the delivery is accepted by addressee or by an employee thereof or a person living in the same household who is at least 16 years old, unless the law enforcement authority has instructed that delivery be made to the addressee in person.

It is also deemed to be effected:

1. in the case of a delivery by registered mail that is not collected: on the seventh day following the unsuccessful attempt at service, provided the person is expecting the delivery;

2. in the case of personal service, if the addressee refuses to accept service and this is recorded by the messenger: on the day of refusal.

With the consent of the person concerned, communications may be served electronically. They must bear an electronic signature in accordance with the Federal Act of 18 March 2016³⁷ on Electronic Signatures.

The Federal Council shall regulate:

1. the signature to be used;

2. the format for communications and their attachments;

3. the method of transmission;

4. the point in time at which the communication is deemed to have been served.

Communications must be served on addressees at their domicile, their habitual place of residence or their registered office.

Parties and legal agents whose domicile, habitual place of residence or registered office is abroad must provide an address for service in Switzerland; provisions of international agreements under which communications may be served directly are reserved.

Communications address to parties who have appointed a legal agent are validly served if sent to the agent.

Where a party is required to appear personally at a hearing or must personally carry out a procedural act, the related communication shall be served directly on that party. A copy shall be sent to the legal agent.

Service shall be effected by publication in an official gazette designated by the Confederation or the canton where:

1. the whereabouts of the addressee are unknown and cannot be ascertained despite making reasonable enquiries;

2. service is impossible or would lead to exceptional inconvenience;

3. a party or his or her legal agent with domicile, habitual residence or registered office abroad has failed to provide an address for service in Switzerland.

Service is deemed to be effected on the day of publication.

In the case of final judgments, only the conclusions of the judgment shall be published.

Decisions to take no proceedings and summary penalty orders are deemed to be served without publication being required.

Statutory time limits may not be extended.

There are no court holidays in criminal proceedings.

Time limits that are triggered by a communication or the occurrence of an event begin to run from the following day.

If the time limit is due to expire on a Saturday, a Sunday or a public holiday recognised under federal or cantonal law, it shall expire on the next working day. The matter shall be determined by the law of the canton in which the party or his or her legal agent is resident or has its registered office.³⁸

The time limit is complied with if the procedural act is carried out to the satisfaction of the competent authority on the day of expiry at the latest.

Submissions must be delivered on the day of expiry of the time limit at the latest to the criminal justice authority or handed for delivery to SwissPost, a Swiss diplomatic or consular representation or, in the case of persons in custody, the governor of the institution.

In case of electronic submission, the relevant time for compliance with a time limit is that at which the receipt is issued that confirms that all the steps have been completed that the party must carry out for transmission.³⁹

The time limit is also deemed to be complied with if the submission is received by a Swiss authority not competent in the matter on the day of expiry at the latest. This authority shall pass the submission on immediately to the competent criminal justice authority.

The time limit for making a payment to a criminal justice authority is complied with if the amount due is handed to SwissPost or is debited from a postal or bank account in Switzerland in favour of the criminal justice authority on the day of expiry at the latest.

The authorities may extend time limits and postpone hearings ex officio or in response to an application. The application must be made before the expiry of the time limit and be adequately justified.

A party is in default if he or she fails to carry out a procedural act in time or fails to appear for a hearing.

Where a party has failed to comply with a time limit and has thus incurred a significant and irremediable loss of rights, he or she may request that a new time limit be fixed; in doing so he or she must credibly show that he or she was not at fault for the failure to comply with the time limit.

The application must be made in writing with a statement of reasons and submitted within 30 days of the reason for default ceasing to apply to the authority before which the relevant procedural act should have been carried out. The relevant procedural act must be carried out within the same time limit.

The application only has suspensive effect if the competent authority grants the same.

The criminal justice authority shall decide on the application in written proceedings.

Paragraphs 1–4 apply mutatis mutandis in the event of failure to attend a hearing. If a new hearing is granted, the director of proceedings shall fix a new date. The provisions on proceedings in absentia are reserved.

Personal data must be obtained from the person concerned or with that person's knowledge unless the proceedings would be otherwise be prejudiced or unreasonable inconvenience or expense would be incurred.

If personal data is obtained without the knowledge of the person concerned, that person must be notified thereof immediately. Where overriding public or private interests so require, notification may be dispensed with or postponed.

When processing personal data, the competent criminal justice authorities shall ensure that they make a distinction, as far as possible:

1. between the different categories of data subjects;

2. between personal data based on facts and personal data based on personal assessments.

The criminal justice authority may disclose personal data from pending proceedings for use in other pending proceedings if it is anticipated that the data may provide essential information.

The foregoing paragraph does not apply to:

• a. ⁴¹articles 14 and 20 of the Federal Act of 21 March 1997⁴² on Measures to Safeguard Internal Security;

• abis. ⁴³articles 19 and 20 of the Intelligence Service Act of 25 September 2015⁴⁴;

• b. the regulations of the Federal Act of 13 June 2008⁴⁵ on the Federal Police Information Systems;

• c. the regulations of the Federal Act of 7 October 1994⁴⁶ on the Central Offices of the Federal Criminal Police.⁴⁷

As long as proceedings are pending, the parties and the other participants in the proceedings have, in accordance with their right to inspect case documents, the right to information on personal data relating to them that has been processed.

Where personal data proves to be incorrect, the relevant criminal justice authorities shall correct it immediately.

They shall immediately notify authorities to which they have transmitted, made available or disclosed the data of the corrections.⁴⁸

After conclusion of the proceedings, the processing of personal data, procedures and legal protection are governed by the provisions of federal and cantonal data protection law.

The period of retention of personal data after conclusion of proceedings is governed by Article 103.

The provisions of the Federal Act of 7 October 1994⁴⁹ on the Central Offices of the Federal Criminal Police, the Federal Act of 13 June 2008⁵⁰ on the Federal Police Information Systems and the provisions of this Code on identifying documents and DNA profiles are reserved.⁵¹

A case file shall be opened for each criminal case. This file shall contain:

1. the records of proceedings and examination hearings;

2. the documents complied by the criminal justice authority;

3. the documents submitted by the parties.

The director of proceedings shall ensure the systematic filing of documents and sequential indexing; in simple cases, an index is not required.

The parties may inspect the documents relating to the criminal proceedings at the latest following the first interview with the accused and the gathering of the other most important evidence by the public prosecutor; Article 108 is reserved.

Other authorities may inspect the case documents if they need to do so for the purposes of pending civil, criminal or administrative proceedings and inspection is not contrary to any overriding public or private interests.

Third parties may inspect the case documents if they claim to have an academic or other legitimate interest in doing so and inspection is not contrary to any overriding public or private interests.

The director of proceedings decides on whether case documents may be inspected. He or she shall take the measures required to prevent abuses and delays and to protect legitimate interests in confidentiality.

The case documents must be inspected at the offices of the relevant criminal justice authority or those of another criminal justice authority in mutual assistance proceedings. Normally they shall be delivered to other authorities or the legal agents for the parties.

Any person who is entitled to inspect case documents may request copies thereof for a fee.

The case documents must be preserved at least until conclusion of the time limits for prosecution and for the execution of the sentence have expired.

The foregoing paragraph does not apply to original documents included in the case file; they must be returned to the persons entitled thereto against written acknowledgement of receipt as soon as the criminal case has been decided by a final judgment.

Parties are:

1. the accused;

2. the private claimant;

3. at the trial and in appellate proceedings: the public prosecutor.

The Confederation and the cantons may grant full or limited party rights to other authorities that are required to safeguard public interests.

Other persons involved in the proceedings are:

1. persons suffering harm;

2. the person who has reported the offence;

3. witnesses;

4. persons providing information;

5. expert witnesses;

6. third parties who have suffered detriment due to procedural acts.

If the rights of persons involved in the proceedings named in paragraph 1 are directly affected, they shall, in order to safeguard their interests, be entitled to the procedural rights of a party.

The party may validly carry out procedural acts only if he or she has the capacity to act.

A person lacking the capacity to act shall be represented by his or her statutory representative.

A person with capacity of judgement who lacks the capacity to act may, in addition to his or her legal agent, exercise procedural rights that are of a highly personal nature.

The parties have the right to a fair hearing; in particular, they have the right:

1. to inspect case documents;

2. to participate in procedural acts

3. to appoint a legal agent;

4. to comment on the case and on the proceedings;

5. to request that further evidence be taken.

The criminal justice authorities shall notify parties who are unaware of the law of their rights.

The criminal justice authorities may restrict the right to a fair hearing if:

1. there is justified suspicion that a party is abusing his or her rights;

2. this is required for the safety of persons or to safeguard public or private interests in preserving confidentiality.

Restrictions in relation to legal agents are only permitted if the legal agent gives personal cause for imposing a restriction.

Restrictions must be limited in time or to individual procedural acts.

If the reason for imposing the restriction continues to apply, the criminal justice authorities may base their decisions on files that have not been disclosed to a party only if that party has been informed of the essential content thereof.

If the reason for the restriction has ceased to apply, the right to a fair hearing must be granted in a suitable form retrospectively.

The parties may make submissions to the director of proceedings at any time, subject to the specific provisions thereon in this Code.

The director of proceedings shall examine the submissions and give the other parties the opportunity to comment.

Submissions may be made in writing or orally on record. Written submissions must be dated and signed.

In the case of electronic submission, the submission and its enclosures must bear a qualified electronic signature in accordance with the Federal Act of 18 March 2016⁵² on Electronic Signatures. The Federal Council shall regulate:

1. the format for submissions and their attachments;

2. the method of transmission;

3. the requirements for requesting the submission of documents in paper form in the event of technical problems.⁵³

Procedural acts are not otherwise subject to any formal requirements unless this Code provides otherwise.

The director of proceedings may reject illegible, incomprehensible, improper or incoherent submissions; they shall fix a deadline for the revision of the submission and give notice that the submission if not revised, will not be considered.

A person suffering harm is a person whose rights have been directly violated by the offence.

A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.

A victim is a person suffering harm whose physical, sexual or mental integrity has been directly and adversely affected by the offence.

Relatives of the victim are his or her spouse, children and parents, and persons closely related to him or her in a similar way.

Victims have special rights, in particular:

1. the right to protection of personal privacy (Art. 70 para. 1 let. a, 74 para. 4, 152 para. 1);

2. the right to be accompanied by a confidant (Art. 70 para. 2, 152 para. 2);

3. the right to protective measures (Art. 152–154);

4. the right to remain silent (Art. 169 para. 4);

5. the right to information (Art. 305 and 330 para. 3);

6. the right to a special composition of the court (Art. 335 para. 4);

7. ⁵⁴the right to receive the decision or the summary penalty order in case in which they are the victim from the court or from the public prosecutor free of charge, unless they expressly waive this right.

In the case of victims under the age of 18, additional special provisions protecting personal privacy apply, in particular relating to:

1. restrictions on confrontation hearings with the accused (Art. 154 para. 4);

2. special protective measures during examination hearings (Art. 154 para. 2–4);

3. abandonment of the proceedings (Art. 319 para. 2).

If relatives of a victim file civil claims, they are entitled to the same rights as the victim.

A private claimant is a person suffering harm who expressly declares that he or she wishes to participate in the criminal proceedings as a criminal or civil claimant.

The filing of a criminal complaint is regarded as being equivalent to such a declaration.

The declaration must be made to a criminal justice authority by the end of the preliminary proceedings at the latest.

If a person suffering harm has not made a declaration of his or her own volition, so the public prosecutor shall advise the person of this possibility after opening the preliminary proceedings.

A person suffering harm may submit a written declaration in writing or make the declaration orally on record.

In the declaration the person suffering harm may do either or both of the following:

1. request the prosecution and punishment of the person responsible for the offence (a criminal complaint);

2. file private law claims based on the offence (a civil claim).

The person suffering harm may at any time declare either in writing or orally on record that he or she waives his or her rights. The waiver is final.

Unless the waiver is expressly limited, it shall be deemed to cover both the criminal and the civil proceedings.

If the person suffering harm dies without waiving his or her procedural rights as a private claimant, such rights pass to his or her relatives as defined in Article 110 paragraph 1 SCC⁵⁵ in accordance with their ranking under the law of succession.

Any person who by law acquires the rights as a claimant of a person suffering harm does so only in respect of the civil claim and has only those procedural rights that relate directly to the assertion of the civil claim.

The person suffering harm may bring civil claims based on the offence as a private claimant in the criminal proceedings.

The relatives of the victim have the same right provided they bring their own civil claims against the accused.

The civil proceedings become pending when a declaration in accordance with Article 119 paragraph 2 letter b is made.

If a private claimant withdraws the civil claim before the end of the trial before the court of first instance, they may file the claim again in civil proceedings.

The civil claim must if possible be quantified in the declaration made in accordance with Article 119 and a brief statement of the grounds must be provided, detailing the relevant evidence.

The quantification and statement of the grounds must be provided within the period stipulated by the director of proceedings in accordance with Article 331 paragraph 2.⁵⁶

The court hearing the criminal case shall judge the civil claim regardless of the amount involved.

The accused shall be given the opportunity to respond to the civil claim in the main proceedings before the court of first instance at the latest.

If the accused accepts the civil claim, this shall be placed on record and recorded in the decision concluding the proceedings.

A private claimant, with the exception of the victim, must on application by the accused lodge security in respect of the accused's probable costs arising from the civil claim if:

1. he or she is not domiciled or has no registered office in Switzerland;

2. he or she appears to be insolvent, in particular if bankruptcy proceedings have been opened or composition proceedings are ongoing or if certificates of loss have been issued;

3. for other reasons, there is reason to fear that the accused's claim could be seriously jeopardised or frustrated.

The director of proceedings for the court shall decide on the application.⁵⁷ He or she shall determine the amount of security and fix a time limit for its payment.

The security may be paid in cash or take the form of a guarantee from a bank permanently established in Switzerland.

It may be retrospectively increased, reduced or revoked.

The court decides on pending civil claims in the event that it:

1. convicts the accused;

2. acquits the accused and the court is in a position to make a decision.

The civil claim shall be referred for civil proceedings if:

• a. ⁵⁸the criminal proceedings are abandoned;

• abis. ⁵⁹it cannot be settled under the summary penalty order procedure;

• a. the criminal proceedings are abandoned or concluded by means of the summary penalty order procedure;

• b. the private claimant has failed to justify or quantify the claim sufficiently;

• c. the private claimant has failed to lodge security in respect of the claim;

• d. the accused has been acquitted but the court is not in a position to make a decision.

If a full assessment of the civil claim would cause unreasonable expense and inconvenience, the court may make a decision in principle on the civil claim and refer it for civil proceedings. If possible, the court shall rule on minor claims itself.

In cases involving the victim, the court may firstly decide solely on guilt and the penalty; thereafter the director of proceedings shall, following a further hearing of the parties, rule as a judge sitting alone on the civil claim, irrespective of its amount.

The accused, the private claimant and the other persons involved in the proceedings may appoint a legal agent to safeguard their interests.

The parties may appoint two or more persons as legal agent provided this does not unreasonably delay the proceedings. In such a case, they must designate one agent as the principal agent, who is authorised to carry out acts of representation before the criminal justice authorities and whose domicile is deemed to be the sole address for service.

The legal agent may act for two or more persons involved in the proceedings, subject to the restrictions laid down by law and in their professional code of practice.

The parties may appoint any person who has the capacity to act, is of unblemished reputation and is trustworthy; the restrictions of the law governing the legal profession are reserved.

The defence of the accused is reserved to lawyers who are authorised under the Lawyers Act of 23 June 2000⁶⁰ to represent parties in court; the foregoing is subject to derogating cantonal provisions on the defence in proceedings relating to contraventions.

A defence lawyer is obliged to act solely in the interests the accused, subject to the restrictions laid down by law and in the professional code of practice.

The accused is entitled, in any criminal proceedings and at any stage of the proceedings either to instruct a legal agent as defined in Article 127 paragraph 5 to conduct his or her defence (right to choose a defence lawyer) or, subject to Article 130, to conduct his or her own defence.

The accused shall exercise his or her right to choose a defence lawyer by executing a written power of attorney or making a declaration on record.

A defence lawyer must be appointed to represent the accused if:

1. the period on remand including the period when under arrest has exceeded 10 days;

2. ⁶¹the offence concerned carries a custodial sentence of more than one year or a custodial measure or may result in expulsion from Switzerland;

3. the accused is unable to safeguard his or her interests in the proceedings adequately due to his or her physical or mental condition or for other reasons, and his or her statutory representative is unable to do so either;

4. the prosecuting lawyer is appearing in person before the court of first instance or the court for Article 398 appeals;

5. accelerated proceedings (Art. 358–362) are being conducted.

Where the mandatory appointment of a defence lawyer is required, the director of proceedings shall ensure that a defence lawyer is appointed immediately.

If the requirements for the mandatory appointment of a defence lawyer are met on instigation of the preliminary proceedings, the defence lawyer must be appointed before the first examination by the public prosecutor or by the police on behalf of the public prosecutor.⁶²

In cases where the mandatory appointment of a defence lawyer is clearly required but evidence is obtained before a defence lawyer is appointed, the evidence obtained is only admissible if the accused waives the right to have the evidence taken again.⁶³

The director of proceedings shall appoint a duty defence lawyer if:

1. in the event of the mandatory appointment of a defence lawyer:

   1. the accused, despite being requested to do so by the director of proceedings, fails to appoint a defence lawyer of choice, or

   2. the defence lawyer of choice has been dismissed or has resigned and the accused fails to appoint a new defence lawyer of choice within the time limit set;

2. the accused lacks the necessary financial means and requires a defence lawyer to safeguard of his or her interests.

A defence lawyer is required to safeguard the interests of the accused in particular if the matter is not a minor case and the case involves factual or legal issues that the accused is not qualified to deal with alone.

A case is no longer regarded as minor if it is probable that a custodial sentence of more than 4 months or a monetary penalty of more than 120 daily penalty units may be imposed on conviction.⁶⁴

The duty defence lawyer is appointed by the person acting as director of proceedings at the relevant stage of the proceedings.

The Confederation and cantons may delegate the choice of the duty defence lawyer to another authority or to a third party.⁶⁵

In choosing the duty defence lawyer, the lawyer’s suitability and if possible the wishes of the accused shall be taken into account.⁶⁶

If there is no longer any reason to have a duty defence lawyer, the director of proceedings shall dismiss the lawyer.

If the mutual trust between the accused and his or her duty defence lawyer is seriously compromised or the provision of an effective defence is no longer guaranteed for other reasons, the director of proceedings shall appoint another person as the duty defence lawyer.

The duty defence lawyer shall be paid in accordance with the table of legal fees applicable in the Confederation or in the canton in which the criminal proceedings were conducted.

The public prosecutor or the court passing judgment shall determine the fees at the end of the proceedings. If the mandate continues for a long period or if there is another reason why it is not appropriate to wait for the end of the proceedings, the duty defence lawyer may receive advance payments in amounts fixed by the director of proceedings.⁶⁷

The duty defence lawyer may contest the decision on fees using the appellate remedy that is admissible against the final decision.⁶⁸

If the accused is ordered to pay procedural costs, he or she must repay the fees to the Confederation or the canton, as soon as his or her financial circumstances permit.⁶⁹

The rights of the Confederation or of the canton are subject to a time limit of 10 years from the time when the decision becomes legally binding.

The director of proceedings shall on request grant full or partial legal aid:

1. to the private claimants to assert their civil claims if they do not have the required financial resources and the civil proceedings do not appear to be without any prospect of success;

2. to the victim to assert his or her criminal complaint if he or she does not have the required financial resources and the criminal complaint does not appear to be without any prospect of success.⁷¹

Legal aid includes:

1. relief from the requirement to make an advance payment or to provide security in respect of costs;

2. relief from the requirement to pay procedural costs;

3. ⁷²the appointment of a legal representative if this is necessary to safeguard the rights of the private claimants or the victim.

A new application must be made for legal aid in appeal proceedings.⁷³

The appointment, dismissal and change of the legal representative are governed by Articles 133 and 134 mutatis mutandis.

The legal representative's fees are governed by Article 135 mutatis mutandis; the final judgment on who must pay the costs of the legal representative and of any procedural acts in respect of which relief has been granted from making an advance payment to cover costs remains reserved.

The victim and his or her relatives are not subject to any obligation to repay the costs of legal aid.⁷⁴

If the private claimants are awarded procedural and legal costs to be paid by the accused, the portion of these costs covered by legal aid must be refunded to the Confederation or to the canton.

In order to establish the truth, the criminal justice authorities shall use all the legally admissible evidence that is relevant in accordance with the latest scientific findings and experience.

No evidence shall be led on matters that are irrelevant, obvious, known to the criminal justice authority or already adequately proven in law.

The use of coercion, violence, threats, promises, deception and methods that may compromise the ability of the person concerned to think or decide freely are prohibited when taking evidence.

Such methods remain unlawful even if the person concerned consents to their use.

Evidence obtained in violation of Article 140 is not admissible under any circumstances. The foregoing also applies where this Code declares evidence to be inadmissible.

Evidence that criminal justice authorities have obtained by criminal methods or by violating regulations on admissibility is inadmissible unless it is essential that it be admitted in order to secure a conviction for a serious offence.

Evidence that has been obtained in violation of administrative regulations is admissible.

Where evidence that is inadmissible under paragraph 1or 2 has made it possible to obtain additional evidence, such evidence is only admissible if it would have been possible to obtain it even if the previous evidence not been obtained.⁷⁵

Records relating to inadmissible evidence shall be removed from the case documents, held in safekeeping until a final judgment has concluded the proceedings, and then destroyed.

Examination hearings are conducted by the public prosecutor, the authorities responsible for prosecuting contraventions and the courts. The Confederation and the cantons shall decide on the extent to which the employees of these authorities are permitted to conduct examination hearings.

The police may question accused persons and persons providing information. The Confederation and the cantons may determine which police officers may question witnesses on behalf of the public prosecutor.

At the start of the examination hearing, the person being questioned shall, in a language they can understand:

1. be asked for his or her personal details;

2. be advised of the subject matter of the criminal proceedings and of the capacity in which he or she is being interviewed;

3. be informed in full of his or her rights and obligations.

A note must be made in the record that the provisions of paragraph 1 have been complied with.

The criminal justice authority may make further enquiries in relation to the identity of the person being questioned.

It shall invite the person being questioned to comment on the subject matter of the examination hearing.

It shall endeavour by means of clearly formulated questions and contentions to obtain comprehensive statements and to clarify any contradictions.

The person being questioned shall make his or her statement on the basis of his or her recollections. He or she may make use of written documents with the consent of the director of proceedings; these documents shall be added to the case documents on conclusion of the examination hearing.

Persons with speech or hearing difficulties shall be questioned in writing or with the assistance of a suitably qualified person.

The public prosecutor and the courts may conduct an examination hearing by video conference if a personal appearance by the person being questioned is not possible or is only possible with unreasonable trouble and expense.

An audio and video recording shall be made of the examination hearing.

The criminal justice authority may invite a person being questioned to provide a written report instead of or in addition to holding an examination hearing.

The persons being questioned shall be questioned separately.

The criminal justice authorities may arrange for persons, including those who have the right to refuse to give evidence, to confront each other. The special rights of the victim are reserved.

They may require persons who have been questioned who will probably be required to confront other persons after the conclusion of the examination hearing to remain at the place of the proceedings until the confrontation hearing is held.

The director of proceedings may temporarily exclude a person from the hearing if:

1. there is a conflict of interest; or

2. the person must still be questioned in the proceedings as a witness, a person providing information or as an expert witness.

Parties have the right to be present when the public prosecutor and the courts are taking evidence and to put questions to persons who have been questioned. The presence of the defence lawyer at examination hearings conducted by the police is governed by Article 159.

Persons exercising a right to participate do not have the right to request that the taking of evidence be postponed.

A party or his or her legal agent may request that evidence be taken again if the legal agent or the party without a legal agent is prevented from participating for good cause. Evidence need not be taken again if it would involve unreasonable trouble and expense and the right of the party to a fair hearing, and in particular the right to ask questions, can be taken into account in another way.

Evidence obtained in violation of this Article is inadmissible against a party who was not present when it was taken.

If evidence is taken abroad in execution of a request for mutual assistance, the right of the parties to participate is satisfied if they:

1. are permitted to submit questions to be asked by the requested foreign authority;

2. are permitted to inspect the record once the request for mutual assistance has been executed; and

3. are permitted to submit written supplementary questions.

Article 147 paragraph 4 applies.

If there are grounds to assume that a witness, a person providing information, an accused person, an expert witness or a translator or interpreter, or a person related to him or her in terms of Article 168 paragraphs 1–3 could be exposed to a serious danger to life and limb or any other serious prejudice by participating in the proceedings, the director of proceedings shall take the appropriate protective measures in response to an application or ex officio.

The director of proceedings may also suitably restrict the procedural rights of the parties, in particular by:

1. ensuring anonymity;

2. conducting examination hearings while excluding parties or the public;

3. establishing personal details while excluding parties or the public;

4. modifying the appearance or voice of the person requiring protection or screening the person from the court;

5. limiting rights to inspect case documents.

The director of proceedings may permit the person requiring protection to be accompanied by a legal agent or a confidant.

If a person under the age of 18 is interviewed as a witness or person providing information, the director of proceedings may order further protective measures in accordance with Article 154 paragraphs 2 and 4.

The director of proceedings shall ensure in the case of all protective measures that the right of the parties to a fair hearing is respected and in particular that the accused's rights to a proper defence are respected.

If the person requiring protection has been assured that his or her anonymity will be preserved, the director of proceedings shall take appropriate measures to prevent any confusion or mistaken identity.

The director of proceedings may give an assurance to the person requiring protection that his or her anonymity will be preserved.

The public prosecutor shall submit its assurance to the compulsory measures court within 30 days for approval; in doing so, it must specify all the details required to assess the legality of the measure. …⁷⁶

If the compulsory measures court declines to approve the measure, any evidence already obtained subject to the assurance of anonymity shall be inadmissible.

An assurance of anonymity that has been approved or granted is binding on all criminal justice authorities involved in the case.

The person requiring protection may waive the requirement of anonymity at any time.

The public prosecutor and the director of proceedings in the court shall revoke the assurance if there is clearly no longer a need for protection.

Undercover investigators who have been given an assurance that their anonymity will be preserved have the following rights:

1. to have their true identity withheld throughout the entire proceedings and after their conclusion from everyone other than the judges of the courts hearing the case;

2. to have no details as to their true identity recorded in the case documents.

The director of proceedings shall take the required protective measures.

The criminal justice authorities shall safeguard the personal privacy of the victim at every stage of the proceedings.

The victim may be accompanied at all procedural hearings by a confidant in addition to his or her legal agent.

The criminal justice authorities shall ensure that the victim does not encounter the accused if the victim so requests. In such a case, they shall take account of the accused's right to a fair hearing in some other way. In particular, they may question the victim while applying protective measures in accordance with Article 149 paragraph 2 letters b and d.

A confrontation hearing may be ordered if:

1. the accused's right to a fair hearing cannot be guaranteed in any other way; or

2. the hearing is essential for the purpose of the prosecution.

Victims of sexual offences may ask to be questioned by a person of the same sex.

A confrontation hearing with the accused may be ordered against the wishes of the victim only if the accused's right to a fair hearing cannot be guaranteed in any other way.

A victim is a child within the meaning of this Article if he or she is under 18 years of age at the time of the examination hearing or confrontation hearing.

The first examination hearing with the child must take place as quickly as possible.

The authority may exclude the confidant from the proceedings if this person could exert a decisive influence on the child.

If it is evident that the examination hearing or the confrontation hearing could be a serious psychological burden for the child, the following rules apply:

1. A confrontation hearing with the accused may be ordered only if the child expressly requests the confrontation hearing or the accused's right to a fair hearing cannot be guaranteed in any other way.

2. The child may not normally be interviewed more than twice during the entire proceedings.

3. A second interview shall take place only if parties were unable to exercise their rights at the first interview or the examination hearing is essential in the interests of the enquiries or of the child. If possible, the child should be questioned by the same person who conducted the first interview.

4. Examination hearings shall be conducted in the presence of a specialist by an investigating officer specifically trained for this purpose. Unless a confrontation hearing is held, audio and video recordings shall be made of the examination hearing.

5. The parties shall exercise their rights through the person asking the questions.

6. The person asking the questions and the specialist shall record their special observations in a report.

If it is apparent that the presence of the accused at the examination hearing could cause a serious psychological burden to the child despite protective measures, the accused may be excluded from the examination hearing, provided his or her right to a fair hearing can be guaranteed in a different way.⁷⁷

Exclusion does not apply to the defence lawyer; however, suitable protective measures shall be taken to prevent a serious psychological burden to the child.⁷⁸

Examination hearings with persons with mental disorders shall be limited to essential matters; additional examination hearings shall be avoided.

The director of proceedings may arrange for specialist criminal or social services authorities to conduct the examination hearing or request that family members, other confidants or expert witnesses attend the examination hearing.

The Confederation and the cantons may take measures to protect persons outside the proceedings.

A witness is a person not involved in committing an offence who can make a statement that may assist in the investigation of an offence and who is not a person providing information.

A person has the capacity to testify if he or she is over the age of 15 and has the required mental capacity with regard to the subject matter of the examination hearing.

Every person with the capacity to testify is obliged to make a statement and to tell the truth, subject to the provisions on rights to refuse to testify.

Enquiries may be made into the previous conduct and the personal circumstances of a witness only if this is relevant to an assessment of his or her credibility.

If there are doubts as to the mental capacity of a witness or if there are indications of a mental disorder, the director of proceedings may order an outpatient examination of the witness if this is justified by the importance of the criminal proceedings and of the witnesses testimony.

The authority conducting the examination hearing may require a witness subject to advising him or her of the penalties under Article 292 SCC⁷⁹ to treat the planned or completed interview and its subject matter as confidential.

This obligation shall be made subject to a time limit.

The order may be combined with the witness's summons.

The person suffering harm shall be interviewed as a witness.

The right to interview the person suffering harm as a person providing information in accordance with Article 178 is reserved.

A witness is entitled to appropriate compensation for loss of income and expenses.

The following persons may refuse to testify:

1. the accused's spouse or the person who cohabits with the accused;

2. anyone who has a child with the accused;

3. anyone who is related to the accused in direct line or by marriage;

4. the accused's siblings and stepsiblings and the spouse of a sibling or stepsibling;

5. the siblings and stepsiblings of the accused's spouse, and the spouse of such a sibling or stepsibling;

6. the accused's foster parents, foster children and foster siblings;

7. ⁸⁰a person appointed to act as guardian or deputy for the accused.

The right to refuse to testify under paragraph 1 letters a and f remains valid if the marriage is dissolved or if in the case of a foster family⁸¹, the foster relationship no longer applies.

A registered partnership is deemed equivalent to marriage.

The right to refuse to testify ceases to apply if:

1. ⁸²the criminal proceedings concern an offence under Articles 111–113, 122, 124, 140, 184, 185, 187, 189, 190 or 191 SCC⁸³; and

2. the criminal act was directed at a person to whom the witness in accordance with paragraphs 1–3 is related.

A person may refuse to testify if he or she would incriminate him or herself by testifying such that he or she:

1. could be found guilty of an offence;

2. could be held liable under the civil law and the interest in protection outweighs the interest in prosecution.

The right to refuse to testify also applies if the person by testifying would incriminate a closely related person as defined in Article 168 paragraphs 1–3; Article 168 paragraph 4 remains reserved.

A person may refuse to testify if by testifying he or she or a closely related person as defined in Article 168 paragraphs 1–3 would be exposed to a considerable risk to life and limb or other serious detriment that cannot be prevented by taking protective measures.

A victim of a sexual offence may in every case refuse to answer questions that relate to his or her private domain.

Public officials as defined in Article 110 paragraph 3 SCC⁸⁴ and their auxiliaries as well as members of authorities and their auxiliaries may refuse to testify on secret matters communicated to them in their official capacity or which have come to their knowledge in the exercise of their office or their auxiliary activity.⁸⁵

They must testify if they

1. are subject to a duty to report; or

2. have been given written authorisation to do so by their superior.⁸⁶

The superior shall grant authorisation to testify if the interest in establishing the truth outweighs the interest in preserving secrecy.

Members of the clergy, lawyers, defence lawyers, notaries, patent attorneys, doctors, dentists, pharmacists, psychologists, nurses, physiotherapists, occupational therapists, midwives, dieticians, optometrists, osteopaths and assistants to such persons may refuse to testify in relation to confidential matters that have been confided to them or come to their knowledge in the course of their professional work.⁸⁷

They must testify if they:

1. are subject to a duty to report; or

2. are relieved of their duty of confidentiality in terms of Article 321 number 2 SCC⁸⁸ by the person to whom the confidential information pertains or through the written consent of the competent authority.

The criminal justice authority shall also respect professional confidentiality in cases where the person entrusted with confidential information is relieved of the duty of confidentiality but he or she establishes that the interest of the person to whom the confidential information pertains outweighs the interest in establishing the truth.

The provisions of the Lawyers Act of 23 June 2000⁸⁹ are reserved.

Persons involved professionally in the publication of information in the editorial section of a medium that appears periodically, together with their auxiliary personnel may refuse to testify as to the identity of the author or as to the content and sources of their information.

They must testify if:

1. the testimony is required to save a person from immediate danger to life and limb;

2. without the testimony one of the following offences will not be solved or a person suspected of committing such an offence may not be apprehended:

   1. homicide offences in terms of Articles 111–113 SCC⁹⁰,

   2. felonies carrying a custodial sentence of at least 3 years,

   3. ⁹¹offences in terms of Articles 187, 189, 190, 191, 197 paragraph 4, 260^ter, 260^quinquies, 260^sexies, 305^bis, 305^ter and 322^ter–322^septies SCC,

   4. ⁹²offences in terms of Article 19 number 2 of the Narcotics Act of 3 October 1951 (NarcA)⁹³.

Any person who is required to preserve professional confidentiality in accordance with any of the following provisions must testify only if the interest in establishing the truth outweighs the interest in preserving confidentiality:

1. Article 321^bis SCC⁹⁴;

2. Article 139 paragraph 3 of the Civil Code⁹⁵;

3. Article 2 of the Federal Act of 9 October 1981⁹⁶ on Pregnancy Advisory Centres;

4. ⁹⁷Article 11 of the Victim Support Act of 23 March 2007⁹⁸;

5. ⁹⁹Article 3c paragraph 4 NarcA¹⁰⁰;

6. ¹⁰¹…

Persons entrusted with other confidential information protected by law are required to testify. The director of proceedings may relieve them of the duty to testify if they are able to establish that the interest in preserving confidentiality outweighs the interest in establishing the truth.

The decision on whether to allow a person to refuse to testify is made by:

1. the authority conducting the examination hearing in the preliminary proceedings;

2. the court after charges have been brought.

The witness may request a review by the court for Article 393 appeals immediately after receiving notification of the decision.

Until the court for Article 393 appeals makes its decision, the witness is entitled to refuse to testify.

The witness may invoke his or her right to refuse to testify at any time or revoke his or her waiver of that right.

Statements made by a witness after being cautioned with regard to the right to refuse to testify may be admitted as evidence if the witness subsequently exercises the right to refuse to testify or revokes a waiver of the right to refuse to testify.

Any person who refuses to testify without having the right to do so may be liable to a fixed penalty fine and may be required to pay the costs and compensation incurred as a result of such refusal.

If a person who is obliged to testify insists on refusing to do so, he or she will again be requested to testify and cautioned as to the penalties under Article 292 SCC¹⁰². In the event of continued refusal, criminal proceedings shall be commenced.

The authority conducting the examination hearing shall caution the witness at the beginning of each hearing with regard to the obligations to testify and to tell the truth and advise the witness of the penalties for perjury in terms of Article 307 SCC¹⁰³. If no caution is given, the examination hearing is invalid.

The authority conducting the examination hearing shall question each witness at the beginning of the first hearing as to his or her relationship with the parties and as to other circumstances that may be relevant to the witness's credibility.

It shall caution the witness as to the rights to refuse to testify as soon as it becomes apparent through questioning or the files that such rights apply. If no caution is given and the witness subsequently exercises the right to refuse to testify, the examination hearing is inadmissible.

A summons shall be issued in writing by the public prosecutor, the authorities responsible for prosecuting contraventions and the courts.

It contains:

1. the name of the criminal justice authority issuing the summons and the persons who will carry out the procedural act;

2. the name of the person summoned and the capacity in which it is intended that person should participate in the procedural act;

3. the reason for the summons if the aim of the investigation permits such information to be disclosed;

4. the place, date and time of appearance;

5. notice of the requirement to appear personally;

6. a caution as to the legal consequences of the failure to appear without excuse;

7. the date on which the summons was issued;

8. the signature of the person issuing the summons.

Summonses shall be served:

1. in the preliminary proceedings: at least 3 days before the procedural act is due to take place;

2. in proceedings in court: at least 10 days before the procedural act is due to take place.

Public summonses shall be published at least one month before the procedural act is due to take place.

When deciding on the date of the procedural act, appropriate account shall be taken of the availability of the persons being summoned.

A summons may be issued in a form other than that prescribed and subject to shorter time limits:

1. in cases of urgency; or

2. with the consent the person being summoned.

Any person who is present at the place of the procedural act or in detention may be questioned immediately and without the issue of a summons.

If persons who are abroad must be summoned, the public prosecutor or the persons conducting the court proceedings may guarantee their safe conduct.

Persons who have been guaranteed safe conduct may not be arrested or made subject to other measures restricting their liberty in Switzerland due to acts or convictions from the period prior to their departure.

Safe conduct may be subject to conditions. In this case, the persons concerned must be informed that the right to safe conduct expires if they fail to comply with the conditions thereof.

Any person summoned by a criminal justice authority must comply with the summons.

Any person who is prevented from complying with a summons must inform the authority issuing the summons immediately; he or she must give reasons for his or her inability to appear and if possible provide documentary evidence thereof.

A summons may be revoked if there is good cause. The revocation of the summons takes effect when the person summoned has been informed thereof.

Any person who, without an acceptable reason, fails to comply with a summons from a public prosecutor, authority responsible for prosecuting contraventions or a court or who appears late shall be liable to a fixed penalty fine and may also be brought before the authority concerned by the police.

The foregoing paragraph does not apply to the provisions on proceedings in absentia.

In the course of police enquiries, the police may summon persons for the purposes of questioning, establishing their identity or for other identification procedures without the requirement to comply with special formalities or time limits.

Any person who fails to comply with a police summons may be brought before the authority concerned on the basis of a warrant issued by the public prosecutor provided the person summoned has been issued with a written warning that this measure may be taken.

A person may be brought before an authority by the police if:

1. he or she has failed to comply with a summons;

2. there are specific indications that he or she will not comply with a summons;

3. in proceedings relating to a felony or misdemeanour, his or her immediate appearance is essential in the interests of the procedure;

4. there is a strong suspicion that he or she has committed a felony or misdemeanour and there is reason to believe that there are grounds for the person's detention.

An enforced appearance shall be ordered by the director of proceedings.

An enforced appearance is ordered in the form of a written warrant. In cases of urgency, it may be ordered orally; it must however be confirmed subsequently in writing.

The warrant shall contain the same details as a summons and also the express authorisation for the police to use force and to enter buildings, dwellings and other spaces not generally accessible if this is necessary in order to implement the warrant.

The police shall make every effort to protect the persons concerned when executing a warrant for an enforced appearance.

They shall show the person concerned the warrant for the enforced appearance and bring him or her before the relevant authority immediately or at the time specified for the appearance.

The authority shall inform the person concerned immediately and in a language they can understand of the reason for the enforced appearance, carry out the procedural act and release the person immediately thereafter unless the authority is applying for his or her remand or preventive detention.

The public prosecutor, authorities responsible for prosecuting contraventions and courts may order the tracing of persons whose whereabouts are unknown and who are required to appear in the proceedings. In cases of urgency, the police may themselves order that a wanted person be traced.

A warrant (arrest warrant) may be issued for an accused person to be arrested and brought before the authorities if there is a strong suspicion that he or she has committed a felony or misdemeanour and there is reason to believe that there are grounds for the person's detention.¹⁰⁷

Unless the public prosecutor, the authority responsible for prosecuting contraventions or the court orders otherwise, the police are responsible for tracing wanted persons.

Paragraphs 1 and 3 apply mutatis mutandis to the tracing of items and assets. In preliminary proceedings, the police may themselves order the tracing of items and assets.¹⁰⁸

The public may be requested to assist in tracing wanted persons or property.

The Confederation and the cantons may issue provisions in accordance with which members of the public may be rewarded for assisting in the successful tracing of wanted persons or property.

An accused person shall remain at liberty. He or she may be subjected to compulsory measures involving deprivation of liberty only in accordance with the provisions of this Code.

Compulsory measures involving deprivation of liberty must be revoked as soon as:

1. their requirements are no longer fulfilled;

2. the term of the measure specified by this Code or by a court has expired; or

3. alternative measures achieve the same purpose.

Remand and preventive detention may not be of longer duration than the anticipated custodial sentence.

If it is necessary to enter houses, dwellings or other rooms that are not generally accessible in order to stop or arrest a person, the provisions on searching premises must be complied with.

If there is a risk in any delay, the police may enter premises without a search warrant.

If a person is arrested, or placed on remand or in preventive detention, the relevant criminal justice authority shall immediately notify:

1. his or her next-of-kin;

2. if so requested, his or her employer or the relevant embassy or consulate.

No notification shall be given if this is precluded by the purpose of the investigation or the person concerned expressly so requests.

Where an arrested person is subject to a compulsory measure involving the deprivation of his or her liberty and a dependant suffers difficulties as a result, the criminal justice authority shall notify the relevant social services authorities.

The victim shall be informed of the accused being placed in or released from remand or preventive detention, the ordering of an alternative measure under Article 237 paragraph 2 letter c or g, or if the accused absconds, unless he or she has expressly requested not to be informed.¹⁰⁹ Such information may not be provided if it would expose the accused to a serious danger.

For the purpose of investigating an offence, the police may stop a person and if necessary bring that person to the police station in order to:

1. establish the person's identity;

2. question the person briefly;

3. establish whether he or she has committed an offence;

4. establish whether the person or items in his or her possession are being traced.

They may require the person they have stopped to:

1. provide their personal details;

2. produce identity documents;

3. produce property in his or her possession;

4. open containers or vehicles.

They may request members of the public to assist them to stop persons.

If there are specific indications that an offence is being committed or persons suspected of an offence are located at a specific place, the police may cordon off the location and stop the person located there.

The police are entitled in cases of urgency to pursue and stop a suspect on the territory of another commune, another canton and, if international agreements so permit, another country.

If the person stopped is then arrested, he or she shall be handed over immediately to the competent authority at the place where he or she was stopped.

The police are obliged to arrest a person and bring that person to the police station if:

1. they have caught the person in the act of committing a felony or misdemeanour or they have encountered the person immediately after he or she has committed such an offence;

2. the person is subject to an arrest warrant.

They may arrest a person and bring him or her to the police station if, based on enquiries or other reliable information, the person is suspected of committing a felony or misdemeanour.

They may arrest a person and bring him or her to the police station if they have caught the person in the act of committing a contravention or they have encountered the person immediately after he or she has committed such an offence in the event that:

1. the person refuses to provide his or her personal details;

2. the person does not live in Switzerland and fails to provide security for payment of the anticipated fine immediately;

3. the arrest is necessary in order to prevent the person from committing further contraventions.

Where there is insufficient time to obtain police assistance, members of the public have the right to arrest a person if:

1. they have caught the person in the act of committing a felony or misdemeanour or they have the person immediately after he or she has committed such an offence; or

2. the public have been requested to assist in tracing of the person concerned.

When making an arrest, private individuals may only use force in accordance with Article 200.

Arrested persons must be handed over to the police as quickly as possible.

The police shall establish the identity of the arrested person immediately after the arrest, inform him or her of the reason for the arrest in a language the person can understand and caution the person as to his or her rights under Article 158. Thereafter, they shall inform the public prosecutor immediately of the arrest.

They shall then question the arrested person in accordance with Article 159 on the suspected offences and carry out appropriate investigations immediately in order to substantiate or rebut the allegations and any other grounds for detention.

If investigations reveal that there are no grounds for detention or such reasons no longer apply, they shall release the arrested person immediately. If the investigations confirm the suspicions and any grounds for detention, they shall hand the person over to the public prosecutor immediately.

Release or handover shall in any case take place at the latest within 24 hours; if the person was stopped before the arrest, then the period while stopped shall be taken into account when calculating the time limit.

If the police have provisionally arrested a person in accordance with Article 217 paragraph 3, the person may only be held for more than 3 hours if a corresponding order is given by a police officer authorised to do so by the Confederation or the canton.

Remand begins when it is ordered by the compulsory measures court and ends with the receipt by the court of first instance of the indictment, the accelerated commencement of a custodial sanction or with the accused's release during the investigation.

Preventive detention is the period of detention between the time of receipt by the court of first instance of the indictment and the issue of a final judgment, the commencement of a custodial sanction, the enforcement of an expulsion order, or the accused's release.¹¹⁰

Remand and preventive detention are only permitted if there is a strong suspicion that the accused has committed a felony or misdemeanour and there is a serious concern that the accused:

1. will evade criminal proceedings or the anticipated sanction by absconding;

2. will influence people or tamper with evidence in order to compromise efforts to establish the truth; or

3. ¹¹¹will pose a considerable and immediate risk to the safety of others by committing felonies or serious misdemeanours as he or she has already committed similar offences.

Remand and preventive detention are permitted by way of exception if:

1. there is a strong suspicion that the accused has committed a felony or misdemeanour that has seriously harmed a person’s physical, mental or sexual integrity; and

2. there is a serious and immediate risk that the accused will commit a similar serious felony.¹¹²

Detention is also permitted if there is a serious and immediate risk that a person will carry out a threat to commit a serious felony.¹¹³

Only the detainee may contest decisions ordering, extending or ending his or her remand or preventive detention before the court for Article 393 appeals, subject to Article 233.

The defence lawyer may be present in detention proceedings when the accused is interviewed or when other evidence is being gathered.

The accused may at any time communicate privately with his or her defence lawyer in writing or orally in proceedings before the public prosecutor or the courts relating to detention.

The public prosecutor shall question the accused immediately and give the accused the opportunity to make a statement regarding the suspected offence and the grounds for remand. It shall immediately record all evidence that may substantiate or rebut the suspicions and the grounds for detention provided such evidence is readily available.

If the suspicions and the grounds for remand are confirmed, the public prosecutor shall immediately apply to the compulsory measures court, but at the latest within 48 hours of the arrest, for the accused to be remanded or for an alternative measure. It shall file its application in writing, with a brief statement of reasons and the most relevant files.

If the public prosecutor decides against applying for remand, it shall order the accused's immediate release. If it applies for an alternative measure, it shall take the required preventive measures.

On receipt of the application from the public prosecutor, the compulsory measures court shall immediately arrange a private hearing with the public prosecutor, the accused and his or her defence lawyer; it may require the public prosecutor to participate.

If so requested, it shall permit the accused and the defence to inspect the files in its possession before the hearing.

Any person who is permitted not to attend the hearing may submit applications in writing or make reference to earlier submissions.

The compulsory measures court shall gather all the immediately available evidence that may substantiate or rebut the suspicions or the grounds for detention.

If the accused expressly waives the right to a hearing, the compulsory measures court may decide in written proceedings on the basis of the application made by the public prosecutor and the submissions made by the accused.¹¹⁵

The compulsory measures court decides immediately, but at the latest within 48 hours of receipt of the application.

It shall give immediate notice of its decision to the public prosecutor, the accused and his or her defence lawyer orally, or, if they are absent, in writing. It shall then provide them with a brief written statement of the grounds.

If it orders the accused to be remanded, it shall inform the accused that he or she may file an application for release from remand at any time.

In its decision it may:

1. stipulate a maximum term for remand;

2. instruct the public prosecutor to carry out specific investigative activities;

3. order alternative measures to remand.

If it decides not to order the accused to be remanded, the accused shall be released immediately.

If the period on remand ordered by the compulsory measures court expires, the public prosecutor may file an application to extend the period of remand. If the compulsory measures court has not limited the period of remand, the application must be filed before the accused has spent 3 months on remand.

The public prosecutor shall file a written application stating the grounds with the compulsory measures court 4 days at the latest before the expiry of the period of remand, together with the most relevant files.

The compulsory measures court shall give the accused and his or her defence lawyer the opportunity to inspect the files in its possession and to respond to the application in writing within 3 days.

It may order the provisional continuation of remand pending its decision.

The compulsory measures court shall decide at the latest within 5 days of receipt of the response or the expiry of the time limit mentioned in paragraph 3 above. It may instruct the public prosecutor to carry out specific investigative activities, or order an alternative measure.

The proceedings are normally conducted in writing, but the compulsory measures court may order a hearing, which shall be held in private.

An extension of the period on remand may be granted for a maximum of 3 months, or in exceptional cases for a maximum of 6 months.

The accused may apply to the public prosecutor at any time in writing or orally on record for release from remand, subject to paragraph 5 below. The application must be accompanied by a brief statement of grounds.

If the public prosecutor grants the application, it shall release the accused from remand immediately. If it does not wish to grant the application, it shall pass the same together with the files no later than 3 days after receipt to the compulsory measures court accompanied by a statement of its opinion.

The compulsory measures court shall send the opinion to the accused and his or her defence lawyer and allow them 3 days to respond.

The compulsory measures court shall decide at the latest within 5 days of receiving the response or of the expiry of the time limit mentioned in paragraph 3 above. If the accused expressly waives the right to a hearing, the decision may be issued in written proceedings. Article 226 paragraphs 2–5 also applies mutatis mutandis.

The compulsory measures court may in its decision specify a time limit of a maximum of one month within which the accused is not permitted to file a further application for release.

In cases where the accused has already been on remand, an application for preventive detention is filed in writing by the public prosecutor and the decision on whether to order preventive detention is taken by the compulsory measures court.

Where grounds for detention arise only after charges have been brought, the director of proceedings in the court of first instance shall conduct detention proceedings in analogous application of Article 224 and shall request the compulsory measures court to order preventive detention.

The proceedings before the compulsory measures court are governed by:

1. Articles 225 and 226 mutatis mutandis where the accused has not been on remand;

2. Article 227 mutatis mutandis where the accused has already been on remand.

The accused and the public prosecutor may file an application for release from detention during the proceedings before the court of first instance.

The application must be submitted to the director of proceedings in the court of first instance.

If the director of proceedings grants the application, he or she shall release the accused from detention immediately. If the director of proceedings does not wish to grant the application, it shall be passed on to the compulsory measures court for a decision to be made.

The director of proceedings in the court of first instance may also order the accused to be released from detention provided the public prosecutor consents. If the public prosecutor does not consent, the compulsory measures court decides.

The provisions of Article 228 also apply mutatis mutandis.

The court of first instance shall decide in its judgment whether a person convicted should be placed or should remain in preventive detention:

1. in order to ensure that a sentence or measure is duly executed;

2. with a view to appellate proceedings.

If an accused in detention is acquitted and the court of first instance orders his or her release, the public prosecutor may:

1. apply to the court of first instance for the release to be combined with measures, giving notice of the penalties under Article 292 SCC¹¹⁶, in order to ensure that the person released attends the appellate proceedings. The person released and the public prosecutor may contest decisions on the measures ordered before the court for Article 393 appeals;

2. apply to the court of first instance for the director of appellate proceedings to order the continuation of preventive detention if there is a serious and immediate risk to the safety of others as the result of a felony or serious misdemeanour. In such a case, the person concerned shall remain in detention until the director of appellate proceedings makes a decision. The director of appellate proceedings shall decide on the application made by the public prosecutor within 5 days of the application being filed.¹¹⁷

If the Article 398 appeal is withdrawn, the court of first instance shall decide on how the period spent in detention following the judgment will be taken into account.

If grounds for detention arise only during proceedings before the court for Article 398 appeals, the director of appellate proceedings shall order the person to be placed in detention to be brought before the court immediately in order to a fair hearing.

A decision shall be made within 48 hours of the hearing; their decision is final.

The director of appellate proceedings shall decide on an application for release from detention within 5 days; the decision is final.

Remand and preventive detention is normally carried out in detention centres reserved for this purpose and which are otherwise used only for the execution of short custodial sentences.

If it is advisable for medical reasons, the relevant cantonal authority may arrange for the detainee to be admitted to a hospital or psychiatric hospital.

The detainee's personal freedom may not be more strictly limited than is required for the purpose of detention or for order and security in the detention centre.

Contact between the detainee and other persons requires authorisation from the director of proceedings. Visits shall if necessary be supervised.

The director of proceedings shall inspect incoming and outgoing post, with the exception of correspondence with the supervisory and criminal justice authorities. During preventive detention, the director of proceedings may delegate this task to the public prosecutor.

The detainee may communicate freely with his or her defence lawyer without the content of communications being inspected. If there is justified suspicion that this right is being abused, the director of proceedings may with approval of the compulsory measures court restrict free communication for a limited period, provided prior notice is given to the detainee and the defence lawyer of the restrictions.

The cantons shall regulate the rights and obligations of persons in custody, their rights to legal redress, disciplinary measures and the supervision of detention centres.

The director of proceedings may authorise the accused to begin a custodial sentence or custodial measure in advance of the anticipated date, provided the status of the proceedings permit this and unless this conflicts with the purpose of the accused's remand or preventive detention.¹¹⁸

If the charges have already been filed, the director of proceedings shall consult the public prosecutor.

The Confederation and the cantons may provide that the execution of a measure in advance of the anticipated date requires the consent of the authorities responsible for its execution.

On admission to a penal institution, the accused begins his or her sentence or measure; from this point the accused is governed by the relevant regime.¹¹⁹

The relevant court shall order one or more lenient measures instead of remand or preventive detention if such measures achieve the same result as detention.

Alternative measures include in particular:

1. the payment of money bail;

2. the surrendering of a passport or identity papers;

3. the requirement to stay or not to stay in a specific place or in a specific house;

4. the requirement to report to a public office at regularly intervals;

5. the requirement to do a regular job;

6. the requirement to undergo medical treatment or a medical examination;

7. the prohibition of making contact with specific persons.

In order to monitor such alternative measures, the court may order the use of technical devices and that they be securely fastened to the person being monitored.

The ordering of alternative measures and appeals against such measures are governed mutatis mutandis by the regulations on remand and preventive detention.

The court may revoke the alternative measures at any time, or order other alternative measures or the accused's remand or preventive detention if new circumstances so require or if the accused fails to fulfil the requirements stipulated.

Where there is a risk that the accused may abscond, the relevant court may order payment of a sum of money in order to ensure that the accused appears for all procedural acts or to begin a custodial sanction.

The amount of the bail payment is assessed on the basis of the seriousness of the offences of which the accused is suspected and of the accused's personal circumstances.

The payment of money bail may be made in cash or by means of a guarantee issued by a bank or insurance company permanently established in Switzerland.

The bail payment shall be returned if:

1. the grounds for detention no longer apply;

2. the criminal proceedings are concluded by a final judgment of abandonment or acquittal;

3. the accused has begun a custodial sanction.

Before the bail payment made by the accused is returned, any monetary penalties, fines, costs and compensation that have been imposed on the accused may be deducted from it.

The authority before which the case is pending or was last pending shall decide on the return of the bail payment.

If the accused absconds during the proceedings or the execution of a custodial sanction, the bail payment shall be forfeited to the Confederation or to the canton whose court ordered the same.

If a third party made the bail payment, the forfeiture may be waived if the third party provides the authorities with information in good time to enable the accused to be apprehended.

The authority before which the case is pending or was last pending shall decide on the forfeiture of the bail payment.

A forfeited bail payment shall be used in analogous application of Article 73 SCC¹²⁰ to cover the claims of persons suffering harm and, if a surplus remains, to cover the monetary penalties, fines and the procedural costs. Any surplus still remaining shall pass to the Confederation or the canton.

Searches shall be authorised by written warrant. In cases of urgency, they may be authorised orally, but this must be confirmed subsequently in writing.

The warrant shall indicate:

1. the persons, premises, items or records or recordings to be searched or searched for;

2. the purpose of the measure;

3. the authorities or persons authorised to conduct the measure.

If there is a risk in any delay, the police may authorise the manual search of body orifices and body cavities and carry out searches without a warrant; they shall inform competent criminal justice authority about the search immediately.

The police may search a person who has been stopped or arrested person, in particular in order to guarantee the safety of other persons.

The authorities or persons carrying out the search shall take suitable safety precautions in order to achieve the aim of the measure.

They may prohibit persons from leaving during a search.

Forensic evidence or items found that are not connected with the offence under investigation, but which appear to relate to a different offence shall be secured.

The items shall be handed over with a report thereon to the director of proceedings, who shall decide on the further course of action.

Houses, dwellings and other rooms not generally accessible may only be searched with the consent the proprietor.

The proprietor's consent is not required if it is suspected that on the premises:

1. there are wanted persons;

2. there is forensic evidence or items or assets that must be seized;

3. offences are being committed.

The persons authorised to carry out the search shall produce the search warrant at the start of the search.

Proprietors of premises being searched who are present must remain on the premises during the search. If they are absent, if possible an adult family member or another suitable person must remain present.

Documents, audio, video and other recordings, data carriers and equipment for processing and storing information may be searched if it is suspected that they contain information that is liable to seizure.

The holder may comment before a search on the content of records.

Experts may be called in to examine the content of records, and in particular to identify records with protected content.

The holder may provide the criminal justice authority with copies of records and printouts of stored information if this is sufficient for the purpose of the proceedings.

If the holder claims that, in view of Article 264, specific records or other items may not be seized, criminal justice authority shall place the same under seal. The holder must make the request within three days of the items being secured. During this period and following any sealing, the criminal justice authority shall neither inspect nor use the records or items.

If the criminal justice authority establishes that the holder is not the same person as the proprietor, it shall give the proprietor the opportunity to request sealing within three days.

Unless the criminal justice authority files a request for the removal of the seals within 20 days, the sealed records and property shall be returned to the holder.

If the criminal justice authority files a request for the removal of the seals, the following are responsible for the decision:

1. in preliminary proceedings and in proceedings before the court of first instance: the compulsory measures court;

2. in other cases: the director of proceedings in the court before which the case is pending.

If, after receiving the request for the removal of seals, the court establishes that the holder is not the same person as the proprietor, it shall inform the proprietor of the sealing. On request, it shall permit the proprietor to inspect the case files.

The court shall allow the proprietor a non-extendable period of 10 days, within which to object to the request for the removal of seals and state to what extent he or she wishes to maintain the sealing. Failure to respond is deemed equivalent to the withdrawing the request for sealing.

If the matter is ready for a decision to be made, the court shall issue a final decision within 10 days of receipt of the response in written proceedings.

Otherwise, the court shall within 30 days of receipt of the response arrange a private hearing with the public prosecutor and the proprietor. The proprietor must credibly explain why and to what extent the seals should not be removed from the records or items. The court shall issue its decision immediately; the decision is final.

The court may:

1. call in an expert in order to examine the content of records and items, be granted access to the same or to guarantee their integrity;

2. designate police officers as experts in order that they are granted access to the content of the records and items or guarantee their integrity.

If the proprietor fails to attend the hearing without providing an excuse and if they do not arrange to be represented either, the request for sealing is deemed to have been withdrawn. If the public prosecutor fails to attend, the court shall decide in its absence.

Persons and property may only be searched without consent if it is suspected that forensic evidence or items or assets that must be seized may be found.

Searching persons includes the examination of clothing, items carried by the person concerned, containers and vehicles, the surface of the body and visible body orifices and body cavities.

Searches of a person's genital area shall be carried out by a person of the same gender or by a doctor, unless the measure cannot be delayed.

An examination of a person includes an examination of their physical or mental condition.

The accused may be questioned in order to:

1. establish the facts of the case;

2. establish whether the he or she had the mental capacity to be held criminally liable, is fit to plead and to withstand detention.

Interventions in the physical integrity of the accused may be ordered provided they do not cause particular pain or any risk to health.

Examinations and interventions in the physical integrity of persons other than the accused are only permitted without consent if they are essential in order to properly investigate an offence under Articles 111–113, 122, 124, 140, 184, 185, 187, 189, 190 or 191 SCC¹²³.¹²⁴

In order to establish fitness to drive, the police may:

1. conduct an alcohol breath test;

2. take a blood sample and order its analysis in cases in which federal law prescribes a blood test;

3. order the taking and analysis of a urine sample.

Examinations of persons and interventions in their physical integrity shall be carried out by a doctor or another medical specialist.

If there are indications that a death did not occur naturally, and in particular indications of an offence, or if the body is unidentified, the public prosecutor shall order an examination of the body to be carried out by a specialist doctor in order to establish the cause of death or to identify the body.

If, after the examination of the body, there is no evidence that an offence has been committed and if identity is established, the public prosecutor shall release the body for the funeral.

The public prosecutor shall otherwise order the body to be secured and further tests, and if necessary an autopsy to be carried out by an institute for forensic medicine. It may order the body or parts thereof to be retained for as long as required for the purpose of the investigation.

The cantons shall decide persons in the medical profession are required to report unnatural deaths to the criminal justice authorities.

If it appears necessary in for the proper investigation of an offence, the exhumation of a body or the opening of an urn containing its ashes may be ordered.

In order to investigate the felony or misdemeanour that is the subject of the proceedings, a sample may be taken to create a DNA profile of:¹²⁷

1. the accused;

2. other persons, in particular victims or persons entitled to be present at the place of commission, insofar as this is necessary to distinguish their biological material from that of the accused;

3. deceased persons;

4. biological material relevant to the offence.

A sample may be taken from and a DNA profile created of the accused if there are specific indications that the accused could have committed further felonies or misdemeanours.¹²⁸

The police may order:

1. a sample to be taken from persons by non-invasive methods;

2. the creation of a DNA profile from biological material relevant to the offence.

If it is only possible to create the Y-DNA profile from biological material relevant to the offence, the public prosecutor may when investigating a felony order its comparison with data in the information system in accordance with Article 10 of the DNA Profiles Act of 20 June 2003¹²⁹.¹³⁰

In an investigation into a felony, the compulsory measures court may at the request of the public prosecutor order that samples be taken to create DNA profiles from persons who display specific characteristics established as being relevant to the commission of the offence. The group of persons to be investigated may be more strictly defined by means of phenotyping in accordance with Article 258b.

If the profile comparison in accordance with paragraph 1 does not produce a match, the compulsory measures court may, at the request of the public prosecutor, order that a familial relationship with the person to whom forensic evidence pertains be used as a basis for further investigations.

The court may in its judgment order that a sample be taken to create a DNA profile from persons convicted of a felony or a misdemeanour if there are specific indications that the convicted person could commit further felonies or misdemeanours.

Where invasive methods are used to take samples, the sample shall be taken by a doctor or another medical specialist.

In order to investigate a felony under Articles 111−113, 118 paragraph 2, 122, 124, 140, 156 numbers 2−4, 182, 184, 185, 187, 189 paragraphs 1 and 3, 190 paragraphs 1 and 3, 191, 260^ter or 264−264l SCC¹³⁴, a familial DNA search may be ordered in accordance with Article 2a of the DNA Profiles Act of 20 June 2003¹³⁵, provided the investigative measures up to that point have been unsuccessful or the investigation would otherwise have no prospect of success or would be made disproportionately more difficult.

Phenotyping in accordance with Article 2b of the DNA Profiles Act of 20 June 2003¹³⁸ may be ordered when investigating felonies under the following Articles: Articles 111−113, 118 paragraph 2, 122, 124, 140, 156 numbers 2−4, 182, 184, 185, 187, 189 paragraphs 1 and 3, 190 paragraphs 1 and 3, 191, 260^ter or 264−264l SCC¹³⁹.

The DNA Profiles Act of 20 June 2003¹⁴⁰ also applies.

The public prosecutor may arrange for post and telecommunications to be monitored if:

1. there is a strong suspicion that an offence listed in paragraph 2 has been committed;

2. the seriousness of the offence justifies surveillance; and

3. investigative activities carried out so far have been unsuccessful or the enquiries would otherwise have no prospect of success or be made unreasonably complicated.

Surveillance may be ordered in the investigation of the offences under the following Articles:

1. ¹⁵⁴SCC¹⁵⁵: Articles 111–113, 115, 118 paragraph 2, 122, 124, 127, 129, 135, 138–140, 143, 144 paragraph 3, 144^bis number 1 paragraph 2 and number 2 paragraph 2, 146–148, 156, 157 number 2, 158 number 1 paragraph 3 and number 2, 160, 163 number 1, 180, 181, 182–185, 187, 188, 189–191, 193, 193a, 195–197, 220, 221 paragraphs 1 and 2, 223 number 1, 224 paragraph 1, 226–226^ter, 227 number 1 paragraph 1, 228 number 1 paragraph 1, 230^bis, 231 number 1, 232 number 1, 233 number 1, 234 paragraph 1, 237 number 1, 240 paragraph 1, 242, 244, 251 number 1, 258, 259 paragraph 1, 260^bis–260^sexies, 261^bis, 264–267, 271, 272 number 2, 273, 274 number 1 paragraph 2, 285, 301, 303 number 1, 305, 305^bis number 2, 310, 312, 314, 317 number 1, 319, 322^ter, 322^quater and 322^septies;

2. ¹⁵⁶Foreign Nationals and Integration Act¹⁵⁷ of 16 December 2005¹⁵⁸: Articles 116 paragraph 3 and 118 paragraph 3;

3. Federal Act of 22 June 2001¹⁵⁹ on the Hague Convention on Adoption and on Measures to Protect Children in International Adoption Cases: Article 24;

4. ¹⁶⁰War Material Act of 13 December 1996¹⁶¹: Articles 33 paragraph 2 and 34–35b;

5. Nuclear Energy Act of 21 March 2003¹⁶²: Articles 88 paragraphs 1 and 2, 89 paragraphs 1 and 2 and 90 paragraph 1;

6. ¹⁶³NarcA¹⁶⁴: Articles 19 number 1 second sentence and number 2, and 20 number 1 second sentence;

7. ¹⁶⁵Environmental Protection Act of 7 October 1983¹⁶⁶: Article 60 paragraph 1 letters g–I, m and o as well as paragraph 1^bis;

8. Goods Control Act of 13 December 1996¹⁶⁷: Article 14 paragraph 2;

9. ¹⁶⁸Sport Promotion Act of 17 June 2011¹⁶⁹: Article 22 paragraphs 2 and 25a paragraph 3;

10. ¹⁷⁰Financial Market Infrastructure Act of 19 June 2015¹⁷¹: Articles 154 and 155;

11. ¹⁷²Weapons Act of 20 June 1997¹⁷³: Article 33 paragraph 3;

12. ¹⁷⁴Medicinal Products Act of 15 December 2000¹⁷⁵: Article 86 paragraphs 2 and 3;

13. ¹⁷⁶Gambling Act of 29 September 2017¹⁷⁷: Article 130 paragraph 2 for the offences under Article 130 paragraph 1 letter a;

14. ¹⁷⁸Intelligence Service Act of 25 September 2015¹⁷⁹: Article 74 paragraph 4.

If the adjudication an offence subject to military jurisdiction is assigned to the jurisdiction of the civil courts, the surveillance of post and telecommunications may also be ordered in the investigation of the offences under Article 70 paragraph 2 of the Military Criminal Procedure Code of 23 March 1979¹⁸⁰.

The public prosecutor may order the use of special technical devices for the surveillance of telecommunications in order to listen to or record conversations, identify a person or property or determine their location if:

1. the requirements of Article 269 are met;

2. previous telecommunications surveillance measures under Article 269 have been unsuccessful or surveillance with these measures would be futile or disproportionately difficult;

3. the authorisation required under telecommunications law has been obtained to use these devices at the time of use.

The public prosecutor shall keep statistics on the use of these forms of surveillance. The Federal Council shall regulate the details.

The public prosecutor may order the introduction of special software into a data processing system in order to intercept and recover the content of communications and telecommunications metadata in unencrypted form provided:

1. the conditions of Article 269 paragraphs 1 and 3 are met;

2. the proceedings relate to an offence listed in Article 286 paragraph 2;

3. previous telecommunications surveillance measures under Article 269 have been unsuccessful or surveillance with these measures would be futile or disproportionately difficult.

In the surveillance order, the public prosecutor shall specify:

1. the desired data types; and

2. the non-public spaces that may have to be entered in order to introduce special software into the relevant data processing system.

Data not covered by paragraph that is collected when using such software must be destroyed immediately. No use may be made of information obtained from such data.

The public prosecutor shall keep statistics on these forms of surveillance. The Federal Council shall regulate the details.

The only special software that may be used is that which records the surveillance unalterably and without interruption. The record forms part of the case files.

The recovery of data from the data processing system under surveillance to the relevant criminal justice authority must take place securely.

The criminal justice authority shall ensure that the source code can be checked in order to verify that the software has only legally permitted functions.

The post and telecommunications of the following persons may be monitored:¹⁸⁴

1. the accused;

2. third parties if there is reason to believe based on specific information that:

   1. ¹⁸⁵the accused uses the postal address or the telecommunications service of the third party, or

   2. the third party receives certain communications on behalf of the accused or passes on communications from the accused to another person.

When monitoring a person belonging to one of the professions mentioned in Articles 170–173, the court must ensure that information that is relevant to the enquiries or the reason why this person is being monitored is separated from information that is relevant, in order to guarantee that no professional secrets come to the knowledge of the criminal justice authority. The separated data must be destroyed immediately; it may not be evaluated.

Information under paragraph 1 need not be separated beforehand if:

1. there is a strong suspicion that the person subject to professional confidentiality is guilty of an offence; and

2. there are specific reasons justifying the direct interception of communications.

In the surveillance of other persons, as soon as it is established that they have links with a person mentioned in Articles 170–173, information on communication with the person must be separated in accordance with paragraph 1. Information in respect of which a person mentioned in Articles 170–173 may refuse to testify must be removed from the case documents and destroyed immediately; it may not be evaluated.

The surveillance of post and telecommunications requires the authorisation of the compulsory measures court.

If enquiries reveal that the person under surveillance is changing his or her telecommunications service regularly, the compulsory measures court may by way of exception authorise the surveillance of all identified services used by the person under surveillance for telecommunications so that authorisation is not required in each individual case (general authorisation).¹⁸⁷ The public prosecutor shall submit a report to the compulsory measures court for approval every month and on conclusion of the surveillance.

If during the surveillance of a service in terms of a general authorisation, measures are required to protect professional confidentiality and such measures are not mentioned in the general authorisation, an application for authorisation for the individual surveillance operation concerned must be submitted to the compulsory measures court.¹⁸⁸

If there is a strong suspicion that a felony or misdemeanour has been committed, and if the requirements of Article 269 paragraph 1 letters b and c are met, the public prosecutor may request the following metadata:¹⁹⁰

1. metadata relating to telecommunications in accordance with Article 8 letter b of the Federal Act of 18 March 2016¹⁹¹ on the Surveillance of Postal and Telecommunications Traffic (SPTA) by the accused, a third party in accordance with Article 270 letter b of this Code or a person suffering harm;

2. metadata relating to post in accordance with Article 19 paragraph 1 letter b SPTA to or from the accused or a third party in accordance with Article 270 letter b of this Code.¹⁹²

The order requires the approval of the compulsory measures court.

The information mentioned in paragraph 1 may be requested irrespective of the duration of surveillance and for the 6 months prior to the date of the request.

The public prosecutor shall submit the following documents to the compulsory measures court within 24 hours of surveillance or the release of information being ordered:

1. the order;

2. a statement of the reasons and the case documents relevant for authorisation.

The compulsory measures court shall decide and provide a brief statement of the reasons within 5 days of the surveillance or the release of information being ordered. It may grant authorisation subject to a time limit or other conditions, or request further information or investigations.

The compulsory measures court shall give notice of the decision immediately to the public prosecutor and to the Post and Telecommunications Surveillance Bureau in terms of Article 3 SPTA¹⁹³.¹⁹⁴

The authorisation shall expressly state:

1. which measures must be taken to protect professional confidentiality;

2. whether non-public spaces may be entered in order to introduce special software into the relevant data processing system.¹⁹⁵

The compulsory measures court shall grant authorisation for a maximum of 3 months. The authorisation may be extended on one or more occasions for a maximum of 3 months at a time. If an extension is required, the public prosecutor shall file an application for the extension, stating the reasons therefor, before expiry of the current authorisation.

The public prosecutor shall stop surveillance immediately if:

1. the requirements are no longer fulfilled; or

2. the authorisation or its extension is refused.

In cases under paragraph 1 letter a, the public prosecutor shall notify the compulsory measures court that surveillance has been concluded.

Records of authorised surveillance operations that are not required for criminal proceedings shall be stored separately from the case documents and destroyed immediately on conclusion of the proceedings.

Postal items may be retained for as long as this is necessary for the criminal proceedings; they must be released to the addressee as soon as the status of the proceedings permits.

Documents and data carriers obtained in unauthorised surveillance activities must be destroyed immediately. Postal items must be delivered to the addressee immediately.

The results of unauthorised surveillance operations may not be used.

If in the course of surveillance operations offences other than those specified in the surveillance order come to light, these findings may be used against the accused provided surveillance would have been permitted in the investigation of the offences concerned.

If offences come to light during surveillance operations in terms of Articles 35 and 36 SPTA¹⁹⁶, the findings may be used subject to the requirements specified in paragraphs 2 and 3.¹⁹⁷

Findings relating to offences committed by a person who is not named as a suspect in the surveillance order may be used if the requirements for the surveillance of this person are fulfilled.

In cases under paragraphs 1, 1^bis and 2, the public prosecutor shall order surveillance immediately and begin the authorisation procedure.¹⁹⁸

Records that may not be used as accidental finds must be stored separately from the case documents and destroyed on conclusion of the proceedings.

Any findings made in a surveillance operation may be used to trace wanted persons.

The public prosecutor shall notify the suspect under surveillance and third parties under surveillance in terms of Article 270 letter b of the reason for and form and duration of the surveillance operation on conclusion of the preliminary proceedings at the latest.

With the consent of the compulsory measures court, notice may be deferred or dispensed with if:

1. the findings are not used as evidence in court proceedings; and

2. deferring or dispensing with notice is necessary to protect overriding public or private interests.

Persons whose post or telecommunications have been under surveillance or who have used a postal address or telecommunications service that has been under surveillance may file an Article 393 appeal under Articles 393–397.¹⁹⁹ The period for filing the appeal begins on receipt of the notice.

The public prosecutor may use technical surveillance devices in order to:

1. listen to or record words spoken in private;

2. observe or record events in private or not generally accessible places;

3. establish the whereabouts of persons or property.

Devices may only be used in relation to a suspect.

Premises or vehicles of third parties may only be monitored if there is reason to believe on the basis of specific information that a suspect is present on those premises or using that vehicle.

Use of devices may not be ordered in order to:

1. record as evidence in court proceedings events involving an accused who is in custody;

2. monitor premises or vehicles of a third party who belongs to one of the professions mentioned in Articles 170–173.

The use of technical surveillance devices is otherwise governed by Articles 269–279.

The public prosecutor and, in the enquiries, the police may covertly observe persons and property in generally accessible locations and make image or sound recordings while doing so if:

1. there is reason to believe on the basis of specific information that felonies or misdemeanours have been committed; and

2. the enquiries would otherwise have no prospect of success or be made unreasonably complicated.

Where observation activities ordered by the police have been conducted for one month, their continuation requires authorisation by the public prosecutor.

The public prosecutor shall notify the persons directly concerned by observation activities of the reason for and form and duration of the observation activities on conclusion of the preliminary proceedings at the latest.

Notice may be deferred or dispensed with if:

1. the findings are not used as evidence in court proceedings; and

2. deferring or dispensing with notice is necessary to protect overriding public or private interests.

In order to investigate felonies or misdemeanours, the compulsory measures court may, at the request of the public prosecutor, order the surveillance of transactions between a suspect and a bank or bank-type institution.

If the compulsory measures court authorises the application, it shall issue the bank or bank-type institution with written instruction on:

1. the information and documents to be provided

2. the secrecy measures to be taken.

The bank or bank-type institution is not required to provide information or documents if in doing so it would incriminate itself to the extent that:

1. it could be convicted of a criminal offence; or

2. it could be held liable under civil law and if the interest to be protected outweighs the interest in prosecution.

The account holder shall be notified of the measure after it has been carried out in accordance with of Article 279 paragraphs 1 and 2.

Persons whose banking transactions have been monitored may file an Article 393 appeal in accordance with Articles 393–397. The period for filing the appeal begins on receipt of the notice.

In an undercover investigation, police officers or persons temporarily appointed to carry out police duties make contact with persons under false pretences by using a false identity (cover) supported by documents with the aim of gaining the trust of those persons and infiltrating a criminal environment in order to investigate particularly serious offences.

The public prosecutor may order an undercover investigation if:

1. it is suspected that an offence listed in paragraph 2 has been committed;

2. the seriousness of the offence justifies the covert investigation; and

3. previous investigative activities have been unsuccessful or the enquiries would otherwise have no prospect of success or be made unreasonably complicated.

An undercover investigation is permitted in respect of offences under the following Articles:

1. ²⁰²SCC²⁰³: Articles 111–113, 122, 124, 129, 135, 138–140, 143 paragraph 1, 144 paragraph 3, 144^bis number 1 paragraph 2 and number 2 paragraph 2, 146 paragraphs 1 and 2, 147 paragraphs 1 and 2, 148, 156, 160, 182–185, 187, 188, 189, 191, 193, 193a, 195, 196, 197 paragraphs 3–5, 221 paragraphs 1 and 2, 223 number 1, 224 paragraph 1, 226^bis, 226^ter, 227 number 1 paragraph 1, 228 number 1 paragraph 1, 230^bis, 231 number 1, 232 number 1, 233 number 1, 234 paragraph 1, 237 number 1, 240 paragraph 1, 242, 244 paragraph 2, 251 number 1, 260^bis–260^sexies, 264–267, 271, 272 number 2, 273, 274 number 1 paragraph 2, 301, 305^bis number 2, 310, 322^ter, 322^quater and 322^septies;

2. ²⁰⁴Foreign Nationals and Integration Act of 16. December 2005²⁰⁵: Articles 116 paragraph 3 and 118 paragraph 3;

3. Federal Act of 22. June 2001²⁰⁶ on the Hague Convention on Adoption and on Measures to Protect Children in International Adoption Cases: Article 24;

4. ²⁰⁷War Material Act of 13 December 1996²⁰⁸: Articles 33 paragraph 2 and 34–35b;

5. Nuclear Energy Act of 21 March 2003²⁰⁹: Articles 88 paragraphs 1 and 2, 89 paragraphs 1 and 2 and 90 paragraph 1;

6. ²¹⁰NarcA²¹¹: Articles 19 number 1 second sentence and number 2, and 20 number 1 second sentence;

7. Goods Control Act of 13 December 1996²¹²: Article 14 paragraph 2;

8. ²¹³Sport Promotion Act of 17 June 2011²¹⁴: Articles 22 paragraph 2 and 25a paragraph 3;

9. ²¹⁵Weapons Act of 20 June 1997²¹⁶: Article 33 paragraph 3;

10. ²¹⁷Medicinal Products Act of 15 December 2000²¹⁸: Article 86 paragraphs 2 and 3;

11. ²¹⁹Gambling Act of 29 September 2017²²⁰: Article 130 paragraph 2 for the offences under Article 130 paragraph 1 letter a;

12. ²²¹Intelligence Service Act of 25 September 2015²²²: Article 74 paragraph 4.