Criminal Procedure Code (CrimPC)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.
Chapter 1 General Provisions
Section 1 Taking Evidence and Admissibility of Evi
Art. 139 Principles
1 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. 2 No evidence shall be led on matters that are irrelevant, obvious, known to the criminal justice authority or already adequately proven in law.
Art. 140 Prohibited methods of taking evidence
1 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. 2 Such methods remain unlawful even if the person concerned consents to their use.
Art. 141 Admissibility of unlawfully obtained evidence
1 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. 2 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. 3 Evidence that has been obtained in violation of administrative regulations is admissible. 4 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. 5 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.
Para. 4 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Section 2 Examination Hearings
Art. 142 Criminal justice authority conducting the examination hearing
1 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. 2 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.
Art. 143 Conduct of the examination hearing
1 At the start of the examination hearing, the person being questioned shall, in a language they can understand: a. be asked for his or her personal details; b. be advised of the subject matter of the criminal proceedings and of the capacity in which he or she is being interviewed; c. be informed in full of his or her rights and obligations. 2 A note must be made in the record that the provisions of paragraph 1 have been complied with. 3 The criminal justice authority may make further enquiries in relation to the identity of the person being questioned. 4 It shall invite the person being questioned to comment on the subject matter of the examination hearing. 5 It shall endeavour by means of clearly formulated questions and contentions to obtain comprehensive statements and to clarify any contradictions. 6 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 p
Art. 144 Examination hearing by video conference
1 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. 2 An audio and video recording shall be made of the examination hearing.
Art. 145 Written reports
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.
Art. 146 Examination of two or more persons and confrontation hearings
1 The persons being questioned shall be questioned separately. 2 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. 3 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. 4 The director of proceedings may temporarily exclude a person from the hearing if: a. there is a conflict of interest; or b. the person must still be questioned in the proceedings as a witness, a person providing information or as an expert witness.
Section 3 Rights to Participate in the Taking of E
Art. 147 General provisions
1 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. 2 Persons exercising a right to participate do not have the right to request that the taking of evidence be postponed. 3 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. 4 Evidence obtained in violation of this Article is inadmissible against a party who was not present when it was taken.
Art. 148 In mutual assistance proceedings
1 If evidence is taken abroad in execution of a request for mutual assistance, the right of the parties to participate is satisfied if they: a. are permitted to submit questions to be asked by the requested foreign authority; b. are permitted to inspect the record once the request for mutual assistance has been executed; and c. are permitted to submit written supplementary questions. 2 Article 147 paragraph 4 applies.
Section 4 Protective Measures
Art. 149 General provisions
1 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. 2 The director of proceedings may also suitably restrict the procedural rights of the parties, in particular by: a. ensuring anonymity; b. conducting examination hearings while excluding parties or the public; c. establishing personal details while excluding parties or the public; d. modifying the appearance or voice of the person requiring protection or screening the person from the court; e. limiting rights to inspect case documents. 3 The director of proceedings may permit the person requiring protection to be accompanied by a
Art. 150 Assurance of anonymity
1 The director of proceedings may give an assurance to the person requiring protection that his or her anonymity will be preserved. 2 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. … 3 If the compulsory measures court declines to approve the measure, any evidence already obtained subject to the assurance of anonymity shall be inadmissible. 4 An assurance of anonymity that has been approved or granted is binding on all criminal justice authorities involved in the case. 5 The person requiring protection may waive the requirement of anonymity at any time. 6 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.
Para. 2 — Second sentence repealed by No I of the FA of 17 June 2022, with effect from 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 151 Measures to protect undercover investigators
1 Undercover investigators who have been given an assurance that their anonymity will be preserved have the following rights: a. 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; b. to have no details as to their true identity recorded in the case documents. 2 The director of proceedings shall take the required protective measures.
Art. 152 General measures to protect victims
1 The criminal justice authorities shall safeguard the personal privacy of the victim at every stage of the proceedings. 2 The victim may be accompanied at all procedural hearings by a confidant in addition to his or her legal agent. 3 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. 4 A confrontation hearing may be ordered if: a. the accused's right to a fair hearing cannot be guaranteed in any other way; or b. the hearing is essential for the purpose of the prosecution.
Art. 153 Special measures to protect victims of sexual offences
1 Victims of sexual offences may ask to be questioned by a person of the same sex. 2 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.
Art. 154 Special measures to protect child victims
1 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. 2 The first examination hearing with the child must take place as quickly as possible. 3 The authority may exclude the confidant from the proceedings if this person could exert a decisive influence on the child. 4 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: a. 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. b. The child may not normally be interviewed more than twice during the entire proceedings. c. 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
Para. 5 — Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Para. 6 — Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 155 Measures to protect persons with mental disorders
1 Examination hearings with persons with mental disorders shall be limited to essential matters; additional examination hearings shall be avoided. 2 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.
Art. 156 Measures to protect persons outside the proceedings
The Confederation and the cantons may take measures to protect persons outside the proceedings.
Chapter 2 Examination Hearings with the Accused
Art. 157 Principle
1 The criminal justice authorities may question the accused at any stage of the criminal proceedings in relation to the offences of which he or she is accused. 2 In doing so, they shall give the accused the opportunity to make a comprehensive statement in relation to these offences.
Art. 158 Caution administered at the first interview
1 At the start of the first interview, the police or public prosecutor shall advise the accused in a language that he or she understands: a. that preliminary proceedings have been commenced against him or her, and of the offences that are the subject of the proceedings; b. that he or she is entitled to remain silent and may refuse to cooperate in the proceedings; c. that he or she is entitled to appoint a defence lawyer or if appropriate to request the assistance of a duty defence lawyer; d. that he or she may request the assistance of an interpreter. 2 Evidence obtained at an examination hearing conducted without the foregoing caution is inadmissible.
Art. 159 Police examination hearings during enquiries
1 In the case of police examination hearings, the accused has the right for his or her defence lawyer to be present and allowed to ask questions. 2 In the case of police examination hearings of a person who has been arrested, the person also is entitled to communicate freely with his or her defence lawyer. 3 The examination hearing may not be postponed to allow time for the foregoing rights to be exercised.
Art. 160 Examination hearing with an accused who has admitted the offence
If the accused has admitted committing the offence, the public prosecutor and court shall assess the credibility of the admission and request the accused to provide more precise details of the circumstances of the offence.
Art. 161 Investigation of personal circumstances at the preliminary proceedings stage
The public prosecutor shall question the accused with regard to his or her personal circumstances only if it is expected that the accused will be charged or issued with a summary penalty order or if it is essential for other reasons.
Chapter 3 Witnesses
Section 1 General Provisions
Art. 162 Definition
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.
Art. 163 Capacity and duty to testify
1 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. 2 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.
Art. 164 Enquiries relating to witnesses
1 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. 2 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.
Art. 165 Witness's duty of confidentiality
1 The authority conducting the examination hearing may require a witness subject to advising him or her of the penalties under Article 292 SCC to treat the planned or completed interview and its subject matter as confidential. 2 This obligation shall be made subject to a time limit. 3 The order may be combined with the witness's summons.
Para. 1 — SR 311.0
Art. 166 Interview with the person suffering harm
1 The person suffering harm shall be interviewed as a witness. 2 The right to interview the person suffering harm as a person providing information in accordance with Article 178 is reserved.
Art. 167 Compensation
A witness is entitled to appropriate compensation for loss of income and expenses.
Section 2 Rights to Refuse to Testify
Art. 168 Right to refuse to testify due to a personal relationship
1 The following persons may refuse to testify: a. the accused's spouse or the person who cohabits with the accused; b. anyone who has a child with the accused; c. anyone who is related to the accused in direct line or by marriage; d. the accused's siblings and stepsiblings and the spouse of a sibling or stepsibling; e. the siblings and stepsiblings of the accused's spouse, and the spouse of such a sibling or stepsibling; f. the accused's foster parents, foster children and foster siblings; g. a person appointed to act as guardian or deputy for the accused. 2 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 family, the foster relationship no longer applies. 3 A registered partnership is deemed equivalent to marriage. 4 The right to refuse to testify ceases to apply if: a. the criminal proceedings concern an offence under Articles 111–113, 122, 124, 140, 184, 185, 187, 189, 190 or 191 SCC; and b. the
Para. 1 let. g — Amended by Annex No 2 of the FA of 15 Dec. 2017 (Child Protection), in force since 1 Jan. 2019 (AS 2018 2947; BBl 2015 3431). Para. 2 — Art. 4–11 of the Ordinance of 19 Oct. 1977 on the Placement of Children in Foster Care and for Adoption (SR 211.222.338). Para. 4 let. a — Amended by No III of the FA of 30 Sept. 2011, in force since 1 July 2012 (AS 2012 2575; BBl 2010 5651 5677). Para. 4 let. a — SR 311.0
Art. 169 Right to refuse to testify for personal protection or to protect closely related persons
1 A person may refuse to testify if he or she would incriminate him or herself by testifying such that he or she: a. could be found guilty of an offence; b. could be held liable under the civil law and the interest in protection outweighs the interest in prosecution. 2 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. 3 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. 4 A victim of a sexual offence may in every case refuse to answer questions that relate to his or her private domain.
Art. 170 Right to refuse to testify due to official secrecy
1 Public officials as defined in Article 110 paragraph 3 SCC 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. 2 They must testify if they a. are subject to a duty to report; or b. have been given written authorisation to do so by their superior. 3 The superior shall grant authorisation to testify if the interest in establishing the truth outweighs the interest in preserving secrecy.
Para. 1 — SR 311.0 Para. 1 — Amended by Annex 1 No 8 of the Information Security Act of 18 Dec. 2020, in force since 1 Jan. 2023 (AS 2022 232, 750; BBl 2017 2953). Para. 2 let. b — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 171 Right to refuse to testify due to professional confidentiality
1 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. 2 They must testify if they: a. are subject to a duty to report; or b. are relieved of their duty of confidentiality in terms of Article 321 number 2 SCC by the person to whom the confidential information pertains or through the written consent of the competent authority. 3 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 inter
Para. 1 — Amended by Annex No 1 of the FA of 16 Dec. 2022 on Promoting Training in the Nursing Profession, in force since 1 July 2024 (AS 2024 212; BBl 2022 1498). Para. 2 let. b — SR 311.0 Para. 4 — SR 935.61
Art. 172 Protection of journalists' sources
1 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. 2 They must testify if: a. the testimony is required to save a person from immediate danger to life and limb; b. 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 SCC, 2. felonies carrying a custodial sentence of at least 3 years, 3. offences in terms of Articles 187, 189, 190, 191, 197 paragraph 4, 260ter, 260quinquies, 260sexies, 305bis, 305ter and 322ter–322septies SCC, 4. offences in terms of Article 19 number 2 of the Narcotics Act of 3 October 1951 (NarcA).
Para. 2 let. b let. 1 — SR 311.0 Para. 2 let. b let. 3 — Amended by Annex No II 3 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021 (AS 2021 360; BBl 2018 6427). Para. 2 let. b let. 4 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023
Art. 173 Right to refuse to testify due to other duties of confidentiality
1 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: a. Article 321bis SCC; b. Article 139 paragraph 3 of the Civil Code; c. Article 2 of the Federal Act of 9 October 1981 on Pregnancy Advisory Centres; d. Article 11 of the Victim Support Act of 23 March 2007; e. Article 3c paragraph 4 NarcA; f. … 2 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.
Para. 1 let. a — SR 311.0 Para. 1 let. b — SR 210. This Art. has now been repealed. Para. 1 let. c — SR 857.5 Para. 1 let. d — Amended by Annex No II 7 of the Criminal Justice Authorities Act of 19 March 2010, in force since 1 Jan. 2011 (AS 2010 3267; BBl 2008 8125). Para. 1 let. d — SR 312.5 Para. 1 let. e — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Para. 1 let. e — SR 812.121 Para. 1 let. f — Inserted by Annex No 2 of the Healthcare Occ
Art. 174 Decision on permitting a person to refuse to testify
1 The decision on whether to allow a person to refuse to testify is made by: a. the authority conducting the examination hearing in the preliminary proceedings; b. the court after charges have been brought. 2 The witness may request a review by the court for Article 393 appeals immediately after receiving notification of the decision. 3 Until the court for Article 393 appeals makes its decision, the witness is entitled to refuse to testify.
Art. 175 Exercise of the right to refuse to testify
1 The witness may invoke his or her right to refuse to testify at any time or revoke his or her waiver of that right. 2 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.
Art. 176 Unlawful refusal to testify
1 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. 2 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 SCC. In the event of continued refusal, criminal proceedings shall be commenced.
Para. 2 — SR 311.0
Section 3 Examination Hearings with Witnesses
Art. 177
1 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 SCC. If no caution is given, the examination hearing is invalid. 2 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. 3 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.
Para. 1 — SR 311.0
Chapter 4 Persons providing Information
Art. 178 Definition
The following persons may be interviewed as persons providing information: a. a person who has given notice that he or she is a private claimant; b. a person who is under the age of 15 at the time of the examination hearing; c. a person who due to limited mental capacity is not able to understand the subject matter of the examination hearing; d. a person who is not an accused but who cannot be excluded as the perpetrator of or as a participant in the offence under investigation or another related offence; e. a person who is a co-accused who must be interviewed with regard to an offence of which he or she is not personally accused; f. a person who is the accused in other proceedings relating to an offence connected with the offence under investigation; g. a person who has been or could be designated as the representative of a corporate entity in criminal proceedings against that entity, as well as his or her employees.
Art. 179 Persons providing information at police examination hearings
1 The police shall question any person who is not a suspect in the capacity of a person providing information. 2 The foregoing is subject to the right to question a person as a witness in accordance with Article 142 paragraph 2.
Art. 180 Status
1 Persons providing information in terms of Article 178 letters b–g have the right to remain silent; they are subject to the provisions on examination hearings with the accused, mutatis mutandis. 2 A private claimant (Art. 178 let. a) is obliged to testify before the public prosecutor, before the courts and before the police if they interview the claimant on behalf of the public prosecutor. In addition, the provisions on witnesses apply mutatis mutandis, with exception of Article 176.
Art. 181 Examination hearing
1 The criminal justice authorities shall caution persons providing information at the beginning of the examination hearing with regard to their obligation to testify or their right to remain silent or right to refuse to testify. 2 They shall caution persons providing information who are obliged to testify or who declare that they are prepared to testify with regard to the possible penalties for false accusation, of misleading judicial authorities and of assisting offenders.
Chapter 5 Authorised Experts
Art. 182 Requirements for requesting the services of an expert witness
The public prosecutor and courts shall request the services of one or more expert witnesses if they do not have the specialist knowledge and skills required to determine or assess the facts of the case.
Art. 183 Requirements for the expert witness
1 Any natural person with the required specialist knowledge and skills in the relevant field may be appointed as an expert witness. 2 The Confederation and the cantons may provide for the retention of permanent or official expert witnesses for specific fields. 3 Authorised experts are subject to the grounds for recusal in terms of Article 56.
Art. 184 Appointment and instructions
1 The director of proceedings shall appoint the expert witness. 2 The director of proceedings shall provide written instructions; these shall contain: a. the personal details of the expert witness; b. if applicable, notice that the expert witness may instruct others to assist in preparing the report subject to his or her supervision; c. the precisely formulated questions; d. the deadline for completing the report; e. reference to the duty of confidentiality that applies to the expert witness and any assistants; f. a reference to the penalties for perjury by an expert witness in terms of Article 307 SCC. 3 The director of proceedings shall give the parties prior opportunity to comment on the expert witness and on the questions and to submit their own applications. The director of proceedings may dispense with this requirement in relation to laboratory tests, in particular where they relate to determining the blood-alcohol concentration or the level of purity of substances, proof of the
Para. 2 let. f — SR 311.0
Art. 185 Preparation of the report
1 The expert witness is personally responsible for the expert report. 2 The director of proceedings may request the expert witness to attend procedural hearings and authorise the expert to put questions to the person being questioned. 3 If the expert witness is of the view that documents must be added to the case files, he or she shall make the relevant application to the director of proceedings. 4 The expert witness may conduct simple enquiries that are closely connected to his or her assignment and for this purpose may request persons to cooperate. These persons must comply with the instructions. If they refuse, they may be brought before the expert witness by the police. 5 In relation to enquiries by the expert witness, the accused and, to the extent of their right to refuse to testify, persons who have the right to remain silent or to refuse to testify may refuse to cooperate. The expert witness shall caution the persons concerned with regard to such rights at the start of his or h
Art. 186 In-patient assessment
1 The public prosecutor or courts may have an accused admitted to hospital if this is required in order to prepare a medical report. 2 The public prosecutor shall apply to the compulsory measures court for the accused to be admitted to hospital unless the accused is already on remand. The compulsory measures court shall decide on the matter in written proceedings. 3 If an in-patient assessment proves necessary during the court proceedings, the court concerned shall decide on the matter in written proceedings. 4 The time spent in hospital shall be taken into account in the sentence. 5 In addition, the in-patient assessment is governed by mutatis mutandis by the regulations on remand and preventive detention.
Para. 2 — Second sentence amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Para. 3 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 187 Form of the expert report
1 The expert witness shall prepare an expert report in writing. If additional persons are involved in the preparation of the report, their names and the contribution that they made to the preparation of the report must be specified. 2 The director of proceedings may order the expert report to be given orally or that a written report be explained or added to orally; in such an event, the regulations on witness examination hearings apply.
Art. 188 Right of the parties to comment
The director of proceedings shall notify the parties of the content of the written expert report and allow them time in which to comment thereon.
Art. 189 Additions and improvements to the report
The director of proceedings shall ex officio or at the request of a party arrange for the expert report to be added to or improved by the same expert witness or shall appoint additional expert witnesses if: a. the expert report is incomplete or unclear; b. two or more expert witnesses diverge considerably in their conclusions; or c. there are doubts as to the accuracy of the expert report.
Art. 190 Fees
The expert witness is entitled to an appropriate fee.
Art. 191 Neglect of duty
If an expert witness fails to fulfil his obligations or does not do so in time, the director of proceedings may: a. impose a fixed penalty fine; b. revoke their instructions without paying the expert a fee for any work carried out.
Chapter 6 Material Evidence
Art. 192 Items of evidence
1 The criminal justice authorities shall add all items of evidence in their original form to the case file. 2 Copies shall be made of official documents and other records if this is sufficient for the purposes of the proceedings. If necessary, the copies must be certified. 3 The parties may inspect items of evidence in accordance with the regulations on the inspection of files.
Art. 193 Inspection
1 The public prosecutor, the courts and, in minor cases, the police shall make an on-site inspection of all items, locations and processes that are important in assessing the circumstances but which are not immediately available as items of evidence. 2 Every person concerned must tolerate the inspection and allow the participants the required access. 3 If it is necessary to enter houses, dwellings or other premises that are not generally accessible, the authorities shall comply with the regulations applicable to the search of premises. 4 A record shall be made of inspections by means of video or audio recordings, plans, drawings or descriptions, or by some other method. 5 The director of proceedings may order that: a. other procedural acts be relocated to the place where the inspection is being carried out; b. the inspection is combined with a reconstruction of the criminal act or with a confrontation hearing; in such an event, the accused, the witnesses and the persons providing infor
Art. 194 Consultation of case files
1 The public prosecutor and the courts shall consult files relating to other proceedings if this is required to prove the circumstances of the case or to assess the guilt of the accused. 2 Administrative and judicial authorities shall make their files available for inspection unless there is an overriding public or private interest in preserving confidentiality. 3 Conflicts between authorities of the same canton shall be decided by the court for Article 393 appeals of the canton concerned, and conflicts between authorities of different cantons or between cantonal and federal authorities shall be decided by the Federal Criminal Court.
Art. 195 Obtaining reports and information
1 The criminal justice authorities shall obtain official reports and medical certificates relating to matters that may be of significance in the criminal proceedings. 2 In order to establish the personal circumstances of the accused, the public prosecutor and courts information shall obtain information on the accused's criminal record and reputation and other relevant reports from public offices and members of the public.