Lexipedia

Coercive measures

Procedural measures that restrict fundamental rights to secure evidence, persons or enforcement in a criminal case.

Coercive measures in Swiss criminal procedure include arrests, searches, seizures, surveillance, DNA measures, and detention. They interfere with liberty, privacy, property or bodily integrity, so they require a legal basis, sufficient suspicion, proportionality and a legitimate procedural purpose. Some may be ordered by prosecutors, while more intrusive measures require approval by a coercive measures court or another judicial authority. Affected persons usually have rights to notification, challenge and later review, subject to secrecy needs during investigations.