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
Art. 196 Definition
Compulsory measures are procedural acts carried out by the criminal justice authorities that restrict the fundamental rights of the persons concerned and which serve: a. to secure evidence; b. to ensure that persons attend the proceedings; c. to guarantee the execution of the final judgment.
Art. 197 Principles
1 Compulsory measures may be taken only if: a. they are permitted by law; b. there is reasonable suspicion that an offence has been committed; c. the aims cannot be achieved by less stringent measures d. the seriousness of the offence justifies the compulsory measure. 2 Particular caution must be taken when carrying out compulsory measures that restrict the fundamental rights of persons not accused of an offence.
Art. 198 Competence
1 Compulsory measures may be ordered by: a. the public prosecutor; b. the courts, or in cases of urgency, their director of proceedings; c. the police in cases specifically provided for by law. 2 The Confederation and the cantons may restrict the powers of the police to order or carry out compulsory measures to police officers of a specific rank or function.
Art. 199 Notice of the order
Where a compulsory measure must be ordered in writing and need not be kept secret, the persons directly concerned shall be given a copy of the warrant and of any record relating to its execution against confirmation of receipt.
Art. 200 Use of force
Force may be used as a last resort when carrying out compulsory measures; any force used must be reasonable.
Chapter 2 Summonses, Enforced Appearances and Trac
Section 1 Summonses
Art. 201 Form and content
1 A summons shall be issued in writing by the public prosecutor, the authorities responsible for prosecuting contraventions and the courts. 2 It contains: a. the name of the criminal justice authority issuing the summons and the persons who will carry out the procedural act; b. the name of the person summoned and the capacity in which it is intended that person should participate in the procedural act; c. the reason for the summons if the aim of the investigation permits such information to be disclosed; d. the place, date and time of appearance; e. notice of the requirement to appear personally; f. a caution as to the legal consequences of the failure to appear without excuse; g. the date on which the summons was issued; h. the signature of the person issuing the summons.
Art. 202 Time limit
1 Summonses shall be served: a. in the preliminary proceedings: at least 3 days before the procedural act is due to take place; b. in proceedings in court: at least 10 days before the procedural act is due to take place. 2 Public summonses shall be published at least one month before the procedural act is due to take place. 3 When deciding on the date of the procedural act, appropriate account shall be taken of the availability of the persons being summoned.
Art. 203 Exceptions
1 A summons may be issued in a form other than that prescribed and subject to shorter time limits: a. in cases of urgency; or b. with the consent the person being summoned. 2 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.
Art. 204 Safe conduct
1 If persons who are abroad must be summoned, the public prosecutor or the persons conducting the court proceedings may guarantee their safe conduct. 2 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. 3 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.
Art. 205 Duty to appear, circumstances preventing appearance and failure to appear
1 Any person summoned by a criminal justice authority must comply with the summons. 2 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. 3 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. 4 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. 5 The foregoing paragraph does not apply to the provisions on proceedings in absentia.
Art. 206 Police summonses
1 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. 2 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.
Section 2 Appearance enforced by the Police
Art. 207 Requirements and competence
1 A person may be brought before an authority by the police if: a. he or she has failed to comply with a summons; b. there are specific indications that he or she will not comply with a summons; c. in proceedings relating to a felony or misdemeanour, his or her immediate appearance is essential in the interests of the procedure; d. 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. 2 An enforced appearance shall be ordered by the director of proceedings.
Art. 208 Form of the order
1 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. 2 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.
Art. 209 Procedure
1 The police shall make every effort to protect the persons concerned when executing a warrant for an enforced appearance. 2 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. 3 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.
Section 3 Tracing of Wanted Persons or Property
Art. 210 Principles
1 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. 2 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. 3 Unless the public prosecutor, the authority responsible for prosecuting contraventions or the court orders otherwise, the police are responsible for tracing wanted persons. 4 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.
Para. 2 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). 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).
Art. 211 Assistance from the public
1 The public may be requested to assist in tracing wanted persons or property. 2 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.
Chapter 3 Deprivation of Liberty, Remand and Preve
Section 1 General Provisions
Art. 212 Principles
1 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. 2 Compulsory measures involving deprivation of liberty must be revoked as soon as: a. their requirements are no longer fulfilled; b. the term of the measure specified by this Code or by a court has expired; or c. alternative measures achieve the same purpose. 3 Remand and preventive detention may not be of longer duration than the anticipated custodial sentence.
Art. 213 Access to premises
1 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. 2 If there is a risk in any delay, the police may enter premises without a search warrant.
Art. 214 Notification
1 If a person is arrested, or placed on remand or in preventive detention, the relevant criminal justice authority shall immediately notify: a. his or her next-of-kin; b. if so requested, his or her employer or the relevant embassy or consulate. 2 No notification shall be given if this is precluded by the purpose of the investigation or the person concerned expressly so requests. 3 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. 4 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. Such information may not be provided if it would expose the accused to a serious danger
Para. 4 — Amended by Annex No 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).
Section 2 Police Powers to Stop and of Pursuit
Art. 215 Police power to stop
1 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: a. establish the person's identity; b. question the person briefly; c. establish whether he or she has committed an offence; d. establish whether the person or items in his or her possession are being traced. 2 They may require the person they have stopped to: a. provide their personal details; b. produce identity documents; c. produce property in his or her possession; d. open containers or vehicles. 3 They may request members of the public to assist them to stop persons. 4 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.
Art. 216 Pursuit
1 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. 2 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.
Section 3 Arrest
Art. 217 By the police
1 The police are obliged to arrest a person and bring that person to the police station if: a. 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; b. the person is subject to an arrest warrant. 2 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. 3 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: a. the person refuses to provide his or her personal details; b. the person does not live in Switzerland and fails to provide security for payment of the anticipated fine immediately; c. the arrest is necessary in order to prevent the person
Art. 218 By private individuals
1 Where there is insufficient time to obtain police assistance, members of the public have the right to arrest a person if: a. 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 b. the public have been requested to assist in tracing of the person concerned. 2 When making an arrest, private individuals may only use force in accordance with Article 200. 3 Arrested persons must be handed over to the police as quickly as possible.
Art. 219 Police procedure
1 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. 2 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. 3 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. 4 Release or handover shall in any case take place at the latest within 24 hours; if the person was stopped before the arrest, then
Section 4 Remand and Preventive Detention: General
Art. 220 Definitions
1 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. 2 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.
Para. 2 — Amended by Annex No 5 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
Art. 221 Requirements
1 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: a. will evade criminal proceedings or the anticipated sanction by absconding; b. will influence people or tamper with evidence in order to compromise efforts to establish the truth; or c. will 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. 1bis Remand and preventive detention are permitted by way of exception if: a. 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 b. there is a serious and immediate risk that the accused will commit a similar serious felony. 2 Detention is also permitted if there is a serious and immediate risk that a person will carry out a threat to commi
Para. 1 let. c — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Para. 1bis let. b — Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Para. 2 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 222 Appellate remedies
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.
Art. 222 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 223 Communications with the defence in detention proceedings
1 The defence lawyer may be present in detention proceedings when the accused is interviewed or when other evidence is being gathered. 2 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.
Section 5 Remand
Art. 224 Remand proceedings before the public prosecutor
1 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. 2 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. 3 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.
Art. 225 Detention proceedings before the compulsory measures court
1 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. 2 If so requested, it shall permit the accused and the defence to inspect the files in its possession before the hearing. 3 Any person who is permitted not to attend the hearing may submit applications in writing or make reference to earlier submissions. 4 The compulsory measures court shall gather all the immediately available evidence that may substantiate or rebut the suspicions or the grounds for detention. 5 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.
Para. 5 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 226 Decision of the compulsory measures court
1 The compulsory measures court decides immediately, but at the latest within 48 hours of receipt of the application. 2 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. 3 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. 4 In its decision it may: a. stipulate a maximum term for remand; b. instruct the public prosecutor to carry out specific investigative activities; c. order alternative measures to remand. 5 If it decides not to order the accused to be remanded, the accused shall be released immediately.
Art. 227 Application to extend the period of remand
1 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. 2 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. 3 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. 4 It may order the provisional continuation of remand pending its decision. 5 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
Art. 228 Application for release from remand
1 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. 2 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. 3 The compulsory measures court shall send the opinion to the accused and his or her defence lawyer and allow them 3 days to respond. 4 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. 5 The comp
Section 6 Preventive Detention
Art. 229 Decision to order preventive detention
1 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. 2 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. 3 The proceedings before the compulsory measures court are governed by: a. Articles 225 and 226 mutatis mutandis where the accused has not been on remand; b. Article 227 mutatis mutandis where the accused has already been on remand.
Art. 230 Release from preventive detention during the proceedings before the court of first instance
1 The accused and the public prosecutor may file an application for release from detention during the proceedings before the court of first instance. 2 The application must be submitted to the director of proceedings in the court of first instance. 3 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. 4 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. 5 The provisions of Article 228 also apply mutatis mutandis.
Art. 231 Preventive detention following the judgment of the court of first instance
1 The court of first instance shall decide in its judgment whether a person convicted should be placed or should remain in preventive detention: a. in order to ensure that a sentence or measure is duly executed; b. with a view to appellate proceedings. 2 If an accused in detention is acquitted and the court of first instance orders his or her release, the public prosecutor may: a. apply to the court of first instance for the release to be combined with measures, giving notice of the penalties under Article 292 SCC, 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; b. 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, th
Para. 2 let. a — SR 311.0 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. 232 Preventive detention during proceedings before the court for Article 398 appeals
1 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. 2 A decision shall be made within 48 hours of the hearing; their decision is final.
Art. 233 Application for release from detention during proceedings before the court for Article 398 appeals
The director of appellate proceedings shall decide on an application for release from detention within 5 days; the decision is final.
Section 7 Execution of Remand and Preventive Deten
Art. 234 Detention centre
1 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. 2 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.
Art. 235 Conditions of detention
1 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. 2 Contact between the detainee and other persons requires authorisation from the director of proceedings. Visits shall if necessary be supervised. 3 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. 4 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. 5 The cant
Art. 236 Accelerated execution of sentences and measures
1 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. 2 If the charges have already been filed, the director of proceedings shall consult the public prosecutor. 3 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. 4 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.
Para. 1 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). 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 8 Alternative Measures
Art. 237 General Provisions
1 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. 2 Alternative measures include in particular: a. the payment of money bail; b. the surrendering of a passport or identity papers; c. the requirement to stay or not to stay in a specific place or in a specific house; d. the requirement to report to a public office at regularly intervals; e. the requirement to do a regular job; f. the requirement to undergo medical treatment or a medical examination; g. the prohibition of making contact with specific persons. 3 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. 4 The ordering of alternative measures and appeals against such measures are governed mutatis mutandis by the regulations on remand and preventive detention. 5 The court may revoke the alternative measures at any ti
Art. 238 Payment of money bail
1 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. 2 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. 3 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.
Art. 239 Return of the bail payment
1 The bail payment shall be returned if: a. the grounds for detention no longer apply; b. the criminal proceedings are concluded by a final judgment of abandonment or acquittal; c. the accused has begun a custodial sanction. 2 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. 3 The authority before which the case is pending or was last pending shall decide on the return of the bail payment.
Art. 240 Forfeiture of the bail payment
1 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. 2 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. 3 The authority before which the case is pending or was last pending shall decide on the forfeiture of the bail payment. 4 A forfeited bail payment shall be used in analogous application of Article 73 SCC 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.
Para. 4 — SR 311.0
Chapter 4 Searches and Examinations
Section 1 General Provisions
Art. 241 Authorisation
1 Searches shall be authorised by written warrant. In cases of urgency, they may be authorised orally, but this must be confirmed subsequently in writing. 2 The warrant shall indicate: a. the persons, premises, items or records or recordings to be searched or searched for; b. the purpose of the measure; c. the authorities or persons authorised to conduct the measure. 3 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. 4 The police may search a person who has been stopped or arrested person, in particular in order to guarantee the safety of other persons.
Art. 242 Conduct of searches
1 The authorities or persons carrying out the search shall take suitable safety precautions in order to achieve the aim of the measure. 2 They may prohibit persons from leaving during a search.
Art. 243 Accidental finds
1 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. 2 The items shall be handed over with a report thereon to the director of proceedings, who shall decide on the further course of action.
Section 2 Searches of Premises
Art. 244 Principle
1 Houses, dwellings and other rooms not generally accessible may only be searched with the consent the proprietor. 2 The proprietor's consent is not required if it is suspected that on the premises: a. there are wanted persons; b. there is forensic evidence or items or assets that must be seized; c. offences are being committed.
Art. 245 Conduct of searches
1 The persons authorised to carry out the search shall produce the search warrant at the start of the search. 2 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.
Section 3 Search of Records and Recordings
Art. 246 Principle
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.
Art. 247 Conduct
1 The holder may comment before a search on the content of records. 2 Experts may be called in to examine the content of records, and in particular to identify records with protected content. 3 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.
Art. 248 Sealing of evidence
1 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. 2 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. 3 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.
Art. 248 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 248a Responsibility and procedure for removing seals
1 If the criminal justice authority files a request for the removal of the seals, the following are responsible for the decision: a. in preliminary proceedings and in proceedings before the court of first instance: the compulsory measures court; b. in other cases: the director of proceedings in the court before which the case is pending. 2 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. 3 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. 4 If the matter is ready for a decision to be made, the court shall issue a final decision within 10 days of recei
Art. 248a — Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Section 4 Searches of Persons and Property
Art. 249 Principle
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.
Art. 250 Conduct
1 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. 2 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.
Section 5 Examination of Persons
Art. 251 Principle
1 An examination of a person includes an examination of their physical or mental condition. 2 The accused may be questioned in order to: a. establish the facts of the case; b. establish whether the he or she had the mental capacity to be held criminally liable, is fit to plead and to withstand detention. 3 Interventions in the physical integrity of the accused may be ordered provided they do not cause particular pain or any risk to health. 4 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 SCC.
Para. 4 — SR 311.0 Para. 4 — Amended by No III of the FA of 30 Sept. 2011, in force since 1 July 2012 (AS 2012 2575; BBl 2010 5651 5677).
Art. 251a Alcohol breath test, blood and urine test
In order to establish fitness to drive, the police may: a. conduct an alcohol breath test; b. take a blood sample and order its analysis in cases in which federal law prescribes a blood test; c. order the taking and analysis of a urine sample.
Art. 251a — Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 252 Conduct of physical examinations
Examinations of persons and interventions in their physical integrity shall be carried out by a doctor or another medical specialist.
Section 6 Examination of Dead Bodies
Art. 253 Unnatural deaths
1 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. 2 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. 3 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. 4 The cantons shall decide persons in the medical profession are required to report unnatural deaths to the criminal justice authorities.
Art. 254 Exhumation
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.
Chapter 5 DNA Analysis
Section 1 DNA Profiles
Inserted by Annex 1 No 2 of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44).
Art. 255 General requirements
1 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: a. the accused; b. 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; c. deceased persons; d. biological material relevant to the offence. 1bis 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. 2 The police may order: a. a sample to be taken from persons by non-invasive methods; b. the creation of a DNA profile from biological material relevant to the offence. 3 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 accordan
Para. 1 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Para. 1bis — Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Para. 3 — SR 363 Para. 3 — Inserted by Annex 1 No 2 of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44).
Art. 256 Mass testing
1 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. 2 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.
Art. 256 — Amended by Annex 1 No 2 of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44).
Art. 257 Convicted persons
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.
Art. 257 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 258 Taking samples
Where invasive methods are used to take samples, the sample shall be taken by a doctor or another medical specialist.
Art. 258a Familial searches
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, 260ter or 264−264l SCC, a familial DNA search may be ordered in accordance with Article 2a of the DNA Profiles Act of 20 June 2003, 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.
Art. 258a — Inserted by Annex 1 No 2 of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44). SR 311.0 SR 363
Section 2 Phenotyping
Inserted by Annex 1 No 2 of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44).
Art. 258b Phenotyping
Phenotyping in accordance with Article 2b of the DNA Profiles Act of 20 June 2003 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, 260ter or 264−264l SCC.
Art. 258b — Inserted by Annex 1 No 2 of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44). SR 363 SR 311.0
Art. 259 Application of the DNA Profiles Act
The DNA Profiles Act of 20 June 2003 also applies.
SR 363
Chapter 6 Recording Identification Data, Handwriti
Art. 260 Recording identification data
1 When recording identification data, the physical characteristics of a person shall be noted and prints taken of parts of the body. 2 The police, the public prosecutor and the courts, or in cases of urgency the director of proceedings may order the recording of identifying data. 3 The recording of identifying data shall be ordered in a written warrant, with a brief statement of the reasons. In cases of urgency, it may be ordered orally, but must subsequently be confirmed and explained in writing. 4 If the person concerned refuses to accept the police order, the public prosecutor shall decide.
Art. 261 Retention and use of identifying documents
1 Documents that identify the accused may be retained outside the case file and, in the event of a reasonable suspicion that a new offence has been committed, may also be used: until the expiry the time limits for the deletion of DNA profiles in accordance with Articles 16–18 of the DNA Profiles Act of 20 June 2003; or b. in the event of a conviction for a contravention: for five years from the date of the judgment, provided the judgment is final. 2 Documents identifying persons other than the accused must be destroyed as soon as the proceedings against the accused have been concluded or abandoned or it has been decided not to bring proceedings. 3 If it becomes clear before the expiry of the time limits under paragraph 1 that there is no longer any interest in retaining or using the identifying documents, they shall be destroyed.
Art. 261 — Amended by Annex 1 No 5 of the Criminal Records Register Act of 17 June 2016, in force since 23 Jan. 2023 (AS 2022 600; BBl 2014 5713). Para. 1 — SR 363 Para. 1 let. b — Amended by Annex 1 No 2 of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44).
Art. 262 Handwriting and voice samples
1 Accused persons, witnesses and persons providing information may be required to provide handwriting or voice samples for comparison with other such samples. 2 Any person who refuses to provide such a sample may be issued with a fixed penalty fine. The foregoing does not apply to the accused and, where such rights apply, persons who have the right to remain silent or to refuse to testify.
Chapter 7 Seizure
Art. 263 Principle
1 Items and assets belonging to an accused or to a third party may be seized if it is expected that the items or assets: a. will be used as evidence; b. will be used as security for procedural costs, monetary penalties, fines or compensation; c. will have to be returned to the persons suffering harm; d. will have to be forfeited; e. will be used to cover compensation claims made by the State in accordance with Article 71 SCC. 2 Seizure shall be ordered on the basis of a written warrant containing a brief statement of the grounds. In urgent cases, seizure may be ordered orally, but the order must thereafter be confirmed in writing. 3 Where there is a risk in any delay, the police or members of the public may provisionally seize items or assets on behalf of the public prosecutor or the courts.
Para. 1 let. e — Inserted 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 311.0
Art. 264 Restrictions
1 The following items may not be seized irrespective of their location and of when they were created: a. documents used in communications between the accused and his or her defence lawyer; b. personal records and correspondence belonging to the accused if the interest in protecting his or her privacy outweighs the interest in prosecution; c. items and documents used in communications between the accused and persons who may refuse to testify in accordance with Articles 170–173 and who are not accused of an offence relating to the same case; d. items and documents used in communications between another person and his or her lawyer provided the lawyer is entitled to represent clients before Swiss courts in accordance with the Lawyers Act of 23 June 2000 and is not accused an offence relating to the same case. 2 The restrictions in accordance with paragraph 1 do not apply to items and assets that must be seized with a view to their return to the person suffering harm or their forfeiture. 3
Para. 1 let. c — Amended by No I 6 of the FA of 28 Sept. 2012 on the Amendment of Procedural Provisions on Professional Confidentiality for Lawyers, in force since 1 May 2013 (AS 2013 847; BBl 2011 8181). Para. 1 let. d — Inserted by No I 6 of the FA of 28 Sept. 2012 on the Amendment of Procedural Provisions on Professional Confidentiality for Lawyers, in force since 1 May 2013 (AS 2013 847; BBl 2011 8181). Para. 1 let. d — SR 935.61 Para. 3 — Amended by No I of the FA of 17 June 2022, in force
Art. 265 Duty to hand over items or assets
1 The holder is obliged to hand over items or assets that should be seized. 2 The following persons are not required to hand over items or assets: a. the accused; b. persons who have the right to remain silent or to refuse to testify, to the extent that that right applies; c. corporate undertakings, if by handing over items they could incriminate themselves such that they: 1. could be held liable under criminal law or 2. could be held liable under civil law and if their interest in protection outweighs the interest in prosecution. 3 The criminal justice authority may demand that the person obliged to hand over items or assets does so, may fix a deadline, and notify him or her that in the event of non-compliance the penalties mentioned in Article 292 SCC or a fixed penalty fine may be imposed. 4 Compulsory measures are only permitted if the person concerned refuses to hand over the items or assets or if it may be assumed that a demand to hand over the items or assets may prejudice the s
Para. 3 — SR 311.0
Art. 266 Procedure
1 The criminal justice authority ordering seizure shall confirm that it has received the property and assets seized or handed over in the seizure order or in a separate receipt. 2 It shall draw up a list and safeguard the property and assets appropriately. 3 If immovable property is seized, an inhibition shall be ordered; this shall be recorded in the Land Register. 4 The seizure of a debt shall be notified to the debtor, who shall be advised that repayment to the creditor will not settle the debt. 5 Property that is subject to rapid depreciation or requires expensive maintenance, as well as securities or other assets with a stock exchange or market price may be sold immediately in accordance with the Federal Act of 11 April 1889 on Debt Enforcement and Bankruptcy (DEBA). The proceeds shall be seized. 6 The Federal Council shall regulate the investment of seized assets.
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). Para. 5 — SR 281.1
Art. 267 Decision on seized property and assets
1 If the grounds for seizure no longer apply, the public prosecutor or court shall revoke the seizure order and hand over the property or assets to the person entitled to them. 2 Where it is undisputed that a person has as a direct result of the offence been deprived of an item of property or an asset belonging to him or her, the criminal justice authority shall return the property or asset to the person entitled to it before the conclusion of the proceedings. 3 Unless the order to seize an item of property or an asset has already been revoked, a decision on its return to the entitled person, its use to cover costs or its forfeiture in shall be made in the final judgment. 4 If two or more persons lay claim to an item of property or an asset in respect of which the seizure order is to be revoked, the court may decide on the issue. 5 The criminal justice authority may award property or assets to a person and set the other claimants a time limit within which to raise a civil action. 6 If
Art. 268 Seizure to cover costs
1 Assets belonging to the accused may be seized to the extent that is anticipated to be required to cover: a. procedural costs and compensation; b. monetary penalties and fines. 2 The criminal justice authority shall take account of the financial circumstances of the accused and his or her family when deciding on seizure. 3 Exempted from seizure are assets that may not be seized in accordance with Articles 92–94 DEBA.
Para. 3 — SR 281.1
Chapter 8 Covert Surveillance Measures
Section 1 Surveillance of Post and Telecommunicati
Art. 269 Requirements
1 The public prosecutor may arrange for post and telecommunications to be monitored if: a. there is a strong suspicion that an offence listed in paragraph 2 has been committed; b. the seriousness of the offence justifies surveillance; and c. investigative activities carried out so far have been unsuccessful or the enquiries would otherwise have no prospect of success or be made unreasonably complicated. 2 Surveillance may be ordered in the investigation of the offences under the following Articles: a. SCC: Articles 111–113, 115, 118 paragraph 2, 122, 124, 127, 129, 135, 138–140, 143, 144 paragraph 3, 144bis 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, 226–226ter, 227 number 1 paragraph 1, 228 number 1 paragraph 1, 230bis, 231 number 1, 232 number 1, 233 number 1, 234 paragraph 1, 237
Para. 2 let. a — Amended by Annex No 2 of the FA of 16 June 2023 on a Revision of the Law on Sex Offences, in force since 1 July 2024 (AS 2024 27; BBl 2018 2827; 2022 687, 1011). Para. 2 let. a — SR 311.0 Para. 2 let. b — 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. 2 let. b — Title amended on 1 Jan. 2019 in application of Art. 12 para. 2 of the Publications Act of 18 June 2004 (SR 170.512). Thi
Art. 269bis Use of special technical devices for the surveillance of telecommunications
1 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: a. the requirements of Article 269 are met; b. previous telecommunications surveillance measures under Article 269 have been unsuccessful or surveillance with these measures would be futile or disproportionately difficult; c. the authorisation required under telecommunications law has been obtained to use these devices at the time of use. 2 The public prosecutor shall keep statistics on the use of these forms of surveillance. The Federal Council shall regulate the details.
Art. 269bis — Inserted by Annex No II 1 of the FA of 18 March 2016 on the Surveillance of Postal and Telecommunications Traffic, in force since 1 March 2018 (AS 2018 117; BBl 2013 2683).
Art. 269ter Use of special software for the surveillance of telecommunications
1 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: a. the conditions of Article 269 paragraphs 1 and 3 are met; b. the proceedings relate to an offence listed in Article 286 paragraph 2; c. previous telecommunications surveillance measures under Article 269 have been unsuccessful or surveillance with these measures would be futile or disproportionately difficult. 2 In the surveillance order, the public prosecutor shall specify: a. the desired data types; and b. the non-public spaces that may have to be entered in order to introduce special software into the relevant data processing system. 3 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. 4 The public prosecutor shall keep statistics on these forms o
Art. 269ter — Inserted by Annex No II 1 of the FA of 18 March 2016 on the Surveillance of Postal and Telecommunications Traffic, in force since 1 March 2018 (AS 2018 117; BBl 2013 2683).
Art. 269quater Requirements applicable to special software for the surveillance of telecommunications
1 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. 2 The recovery of data from the data processing system under surveillance to the relevant criminal justice authority must take place securely. 3 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.
Art. 269quater — Inserted by Annex No II 1 of the FA of 18 March 2016 on the Surveillance of Postal and Telecommunications Traffic, in force since 1 March 2018 (AS 2018 117; BBl 2013 2683).
Art. 270 Subject matter of surveillance
The post and telecommunications of the following persons may be monitored: a. the accused; b. third parties if there is reason to believe based on specific information that: 1. the 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.
Amended by Annex No II 1 of the FA of 18 March 2016 on the Surveillance of Postal and Telecommunications Traffic, in force since 1 March 2018 (AS 2018 117; BBl 2013 2683). let. b let. 1 — Amended by Annex No II 1 of the FA of 18 March 2016 on the Surveillance of Postal and Telecommunications Traffic, in force since 1 March 2018 (AS 2018 117; BBl 2013 2683).
Art. 271 Preservation of professional confidentiality
1 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. 2 Information under paragraph 1 need not be separated beforehand if: a. there is a strong suspicion that the person subject to professional confidentiality is guilty of an offence; and b. there are specific reasons justifying the direct interception of communications. 3 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
Art. 271 — Amended by Annex No II 1 of the FA of 18 March 2016 on the Surveillance of Postal and Telecommunications Traffic, in force since 1 March 2018 (AS 2018 117; BBl 2013 2683).
Art. 272 Duty to obtain authorisation andgeneral authorisation
1 The surveillance of post and telecommunications requires the authorisation of the compulsory measures court. 2 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). The public prosecutor shall submit a report to the compulsory measures court for approval every month and on conclusion of the surveillance. 3 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.
Para. 2 — Amended by Annex No II 1 of the FA of 18 March 2016 on the Surveillance of Postal and Telecommunications Traffic, in force since 1 March 2018 (AS 2018 117; BBl 2013 2683). Para. 3 — Amended by Annex No II 1 of the FA of 18 March 2016 on the Surveillance of Postal and Telecommunications Traffic, in force since 1 March 2018 (AS 2018 117; BBl 2013 2683).
Art. 273 Subscriber information, location identification and technical transmission features
1 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: a. metadata relating to telecommunications in accordance with Article 8 letter b of the Federal Act of 18 March 2016 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; b. 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. 2 The order requires the approval of the compulsory measures court. 3 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.
Art. 273 — Amended by Annex No II 1 of the FA of 18 March 2016 on the Surveillance of Postal and Telecommunications Traffic, in force since 1 March 2018 (AS 2018 117; BBl 2013 2683). Para. 1 — Amended by Annex 2 No 2 of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Para. 1 let. a — SR 780.1 Para. 1 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. 274 Authorisation procedure
1 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: a. the order; b. a statement of the reasons and the case documents relevant for authorisation. 2 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. 3 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 SPTA. 4 The authorisation shall expressly state: a. which measures must be taken to protect professional confidentiality; b. whether non-public spaces may be entered in order to introduce special software into the relevant data processing system. 5 The compul
Para. 3 — SR 780.1 Para. 3 — Amended by Annex No II 1 of the FA of 18 March 2016 on the Surveillance of Postal and Telecommunications Traffic, in force since 1 March 2018 (AS 2018 117; BBl 2013 2683). Para. 4 let. b — Amended by Annex No II 1 of the FA of 18 March 2016 on the Surveillance of Postal and Telecommunications Traffic, in force since 1 March 2018 (AS 2018 117; BBl 2013 2683).
Art. 275 Conclusion of surveillance
1 The public prosecutor shall stop surveillance immediately if: a. the requirements are no longer fulfilled; or b. the authorisation or its extension is refused. 2 In cases under paragraph 1 letter a, the public prosecutor shall notify the compulsory measures court that surveillance has been concluded.
Art. 276 Results not required
1 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. 2 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.
Art. 277 Use of the results of unauthorised surveillance operations
1 Documents and data carriers obtained in unauthorised surveillance activities must be destroyed immediately. Postal items must be delivered to the addressee immediately. 2 The results of unauthorised surveillance operations may not be used.
Art. 278 Accidental finds
1 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. 1bis If offences come to light during surveillance operations in terms of Articles 35 and 36 SPTA, the findings may be used subject to the requirements specified in paragraphs 2 and 3. 2 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. 3 In cases under paragraphs 1, 1bis and 2, the public prosecutor shall order surveillance immediately and begin the authorisation procedure. 4 Records that may not be used as accidental finds must be stored separately from the case documents and destroyed on conclusion of the proceedings. 5 Any findings made in a surveillance operation may be used to tra
Para. 1bis — SR 780.1 Para. 1bis — Inserted by Annex No II 7 of the Criminal Justice Authorities Act of 19 March 2010 (AS 2010 3267; BBl 2008 8125). Amended by Annex No II 1 of the FA of 18 March 2016 on the Surveillance of Postal and Telecommunications Traffic, in force since 1 March 2018 (AS 2018 117; BBl 2013 2683). Para. 3 — 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).
Art. 279 Notice
1 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. 2 With the consent of the compulsory measures court, notice may be deferred or dispensed with if: a. the findings are not used as evidence in court proceedings; and b. deferring or dispensing with notice is necessary to protect overriding public or private interests. 3 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. The period for filing the appeal begins on receipt of the notice.
Para. 3 — Amended by Annex No II 1 of the FA of 18 March 2016 on the Surveillance of Postal and Telecommunications Traffic, in force since 1 March 2018 (AS 2018 117; BBl 2013 2683).
Section 2 Surveillance using Technical Surveillanc
Art. 280 Permitted use
The public prosecutor may use technical surveillance devices in order to: a. listen to or record words spoken in private; b. observe or record events in private or not generally accessible places; c. establish the whereabouts of persons or property.
Art. 281 Requirements and conduct
1 Devices may only be used in relation to a suspect. 2 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. 3 Use of devices may not be ordered in order to: a. record as evidence in court proceedings events involving an accused who is in custody; b. monitor premises or vehicles of a third party who belongs to one of the professions mentioned in Articles 170–173. 4 The use of technical surveillance devices is otherwise governed by Articles 269–279.
Section 3 Observation
Art. 282 Requirements
1 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: a. there is reason to believe on the basis of specific information that felonies or misdemeanours have been committed; and b. the enquiries would otherwise have no prospect of success or be made unreasonably complicated. 2 Where observation activities ordered by the police have been conducted for one month, their continuation requires authorisation by the public prosecutor.
Art. 283 Notice
1 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. 2 Notice may be deferred or dispensed with if: a. the findings are not used as evidence in court proceedings; and b. deferring or dispensing with notice is necessary to protect overriding public or private interests.
Section 4 Surveillance of Banking Transactions
Art. 284 Principle
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.
Art. 285 Conduct
1 If the compulsory measures court authorises the application, it shall issue the bank or bank-type institution with written instruction on: a. the information and documents to be provided b. the secrecy measures to be taken. 2 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: a. it could be convicted of a criminal offence; or b. it could be held liable under civil law and if the interest to be protected outweighs the interest in prosecution. 3 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. 4 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.
Section 5 Undercover Investigations
Originally before Art. 286.
Art. 285a Definition
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.
Art. 285a — Inserted by No I of the FA of 14 Dec. 2012 on Undercover Investigations and Enquiries, in force since 1 May 2013 (AS 2013 1051; BBl 2012 5591 5609).
Art. 286 Requirements
1 The public prosecutor may order an undercover investigation if: a. it is suspected that an offence listed in paragraph 2 has been committed; b. the seriousness of the offence justifies the covert investigation; and c. previous investigative activities have been unsuccessful or the enquiries would otherwise have no prospect of success or be made unreasonably complicated. 2 An undercover investigation is permitted in respect of offences under the following Articles: a. SCC: Articles 111–113, 122, 124, 129, 135, 138–140, 143 paragraph 1, 144 paragraph 3, 144bis 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, 226bis, 226ter, 227 number 1 paragraph 1, 228 number 1 paragraph 1, 230bis, 231 number 1, 232 number 1, 233 number 1, 234 paragraph 1, 237 number 1, 240 paragraph 1, 242, 244 paragraph 2, 251 number
Para. 2 let. a — Amended by Annex No 2 of the FA of 16 June 2023 on a Revision of the Law on Sex Offences, in force since 1 July 2024 (AS 2024 27; BBl 2018 2827; 2022 687, 1011). Para. 2 let. a — SR 311.0 Para. 2 let. b — 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. 2 let. b — SR 142.20 Para. 2 let. c — SR 211.221.31 Para. 2 let. d — Amended by No II of the FA of 16 March 2012, in force since 1
Art. 287 Requirements for the persons deployed
1 The following persons may be deployed as undercover investigators: a. members of a Swiss or foreign police force; b. persons employed temporarily on police duties even if they have not received police training. 2 Only members of a police force may be deployed as command staff. 3 If members of a foreign police force are deployed, they are normally led by their regular commander.
Art. 288 Cover and guarantee of anonymity
1 The police shall provide undercover investigators with a cover. 2 The public prosecutor may guarantee to undercover investigators that their true identity will not be revealed even if they appear in court proceedings as a person providing information or as a witness. 2 It may guarantee to undercover investigators that their true identity will not be disclosed even if they appear in court proceedings as persons providing information or witnesses. 3 If undercover investigators commit an offence while deployed, the compulsory measures court shall decide on the identity under which criminal proceedings are brought.
Para. 1 — Amended by No I of the FA of 14 Dec. 2012 on Undercover Investigations and Enquiries, in force since 1 May 2013 (AS 2013 1051; BBl 2012 5591 5609). Para. 2 — Amended by No I of the FA of 14 Dec. 2012 on Undercover Investigations and Enquiries, in force since 1 May 2013 (AS 2013 1051; BBl 2012 5591 5609).
Art. 289 Authorisation procedure
1 The deployment of an undercover investigator requires the authorisation of the compulsory measures court. 2 The public prosecutor shall submit the following documents to the compulsory measures court within 24 hours of ordering the undercover investigation: a. the order; b. a statement of the reasons and the case documents relevant for authorisation. 3 The compulsory measures court shall decide and provide a brief statement of the reasons within 5 days of the undercover investigation being ordered. It may grant authorisation subject to a time limit or other conditions, or request further information or investigations. 4 The authorisation shall expressly state whether it is permitted: a. to produce or alter official documents in order to create or maintain a cover; b. to guarantee anonymity; c. to deploy persons with no police training. 5 The compulsory measures court shall grant authorisation for a maximum of 12 months. Authorisation may be extended on one or more occasions for a max
Art. 290 Briefing before deployment
The public prosecutor shall brief the commanding officer and the undercover investigator before deployment.
Art. 291 Commanding officer
1 During deployment, the undercover investigator is subject to the direct instructions of the commanding officer. During deployment, any contact between the public prosecutor and the undercover investigator shall take place exclusively via the commanding officer. 2 The commanding officer has the following duties in particular: a. he or she shall brief the undercover investigator in detail and continuously on the assignment and powers and on how to deal with the cover story. b. he or she shall instruct and advise the undercover investigator and continually assess the risk situation. c. he or she shall keep a written record of oral reports made by the undercover investigator and a full dossier on the operation. d. he or she shall inform the public prosecutor regularly and in full on the operation.
Art. 292 Duties of undercover investigators
1 Undercover investigators shall carry out their operation in accordance their duties and in line with their instructions. 2 They shall report to their commanding officer regularly and in full on their activities and their findings.
Art. 293 Scope of influence permitted
1 Undercover investigators may not generally encourage others to commit offences or incite persons already willing to commit offences to commit more serious offences. They must limit their activities to substantiating an existing decision to commit an offence. 2 Their activities may only be of minor significance in the decision to commit a specific offence. 3 If required in order to bring about the main transaction, they may make trial purchases or provide evidence of their ability to pay. 4 If the undercover investigator exceeds the remit of the authorised operation, the court must take due account of this in assessing the sentence imposed on the person subject to the investigator's influence, or may dispense with imposing any sentence.
Art. 294 No criminal liability
Provided undercover investigators are acting in the course of an authorised undercover investigation, they shall not be held criminally liable under the following provisions: a. in relation to the prosecution of pornography involving minors or sexual acts with minors: under Article 197 paragraphs 4 and 5 SCC, provided the items or performances do not contain genuine sexual acts with minors; b. in relation to the prosecution of offences under the NarcA: under Articles 19 and 20–22 NarcA.
Art. 294 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). let. a — SR 311.0 let. b — SR 812.121
Art. 295 Money for simulated transactions
1 At the request of the public prosecutor, the Confederation may provide sums of money via the National Bank in the required amounts, forms and denominations for the purpose of simulated transactions and to provide evidence of an ability to pay. 2 The request must be submitted to the Federal Office of Police together with a summary of the facts of the case. 3 The public prosecutor shall take the precautions required to protect the money provided. In the event of loss, the Confederation or the canton to which public prosecutor belongs is liable.
Art. 296 Accidental finds
1 Where evidence of an offence other than that named in the investigation order comes to light in the course of an undercover investigation, the evidence may be used provided the ordering of a covert investigation would have been permitted in order to investigate the offence newly disclosed. 2 The public prosecutor shall order an undercover investigation immediately and begin the authorisation procedure.
Art. 297 Conclusion of the operation
1 The public prosecutor shall terminate the operation immediately if: a. the requirements are no longer met; b. authorisation or an extension thereof is refused; or c. the undercover investigator or the commanding officer fails to follow instructions or fails to carry out his or her duties in some other way, in particular by wilfully providing false information to the public prosecutor. 2 In cases under paragraph 1 letters a and c, the public prosecutor shall notify the compulsory measures court of the termination of the operation. 3 When terminating an operation, it must be ensured that neither the undercover investigator nor any third parties involved in the investigation are exposed to any avoidable risks.
Art. 298 Notice
1 The public prosecutor shall give notice to the accused at the latest on conclusion of the preliminary proceedings that he or she has been the subject of an undercover investigation. 2 Notice may be deferred or dispensed with, subject to the consent of the compulsory measures court, if: a. the findings are not used as evidence; and b. deferring or dispensing with notice is necessary to protect overriding public or private interests. 3 Persons who have been the subject of an undercover investigation may file an appeal in accordance with Articles 393–397. The period for filing the appeal begins on receipt of notice of the investigation.
Section 5a Undercover Enquiries
Inserted by No I of the FA of 14 Dec. 2012 on Undercover Investigations and Enquiries, in force since 1 May 2013 (AS 2013 1051; BBl 2012 5591 5609).
Art. 298a Definition
1 In undercover enquiries, police officers deployed for short periods in such a way that their true identity and function remains concealed attempt to investigate felonies and misdemeanours and to do so enter into or pretend that they wish to enter into fictitious transactions. 2 Undercover agents are not provided with a cover within the meaning of Article 285a. Their true identity and function are disclosed in the case files and at hearings.
Art. 298b Requirements
1 The public prosecutor and, during police enquiries, the police may order undercover enquiries if: a. it is suspected that a felony or misdemeanour has been committed; and b. previous enquiries or investigations have been unsuccessful or the enquiries would otherwise have little prospect of success or would be made disproportionately more complex. 2 If undercover enquiries ordered by the police have been carried out for one month, the public prosecutor must approve their continuation.
Art. 298c Requirements for the persons deployed and conduct
1 Article 287 applies mutatis mutandis to the persons deployed. The deployment of persons in accordance with Article 287 paragraph 1 letter b is not permitted. 2 Articles 291–294 apply by analogy to the status, duties and obligations of the undercover agents and their commanding officers.
Art. 298d Termination and notification
1 The police unit or public prosecutor responsible shall terminate the undercover enquiries immediately if: a. the requirements therefor are no longer met; b. public prosecutor fails to approve the continuation of enquiries ordered by the police; or c. the undercover agent or commanding officer does not follow instruction or fails to fulfil his or her obligations in another way, in particular by providing the public prosecutor with false information or attempting to influence the target person in an unlawful manner. 2 The police shall notify the public prosecutor of the termination of undercover enquiries. 3 When terminating undercover enquiries, care should be taken to ensure that the undercover agent is not exposed to any avoidable risk. 4 Notification of undercover enquiries is governed by Article 298 paragraphs 1 and 3 mutatis mutandis.