SPTA

By Steph2
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In The Matter OfSPTA
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Art. 35 Search for missing persons

1 Outside criminal proceedings, the competent authority may order post and telecommunications surveillance in order to find a missing person. 2 A person is considered missing if the following conditions are met: a. his or her whereabouts are unknown or disproportionately difficult to determine; and b. there are serious indications that his or her health or life are in grave danger. 3 The competent authority may employ technical equipment in accordance with Article 269bis CrimPC, provided the previous measures for telecommunications surveillance pursuant to Art. 269 CrimPC have been unsuccessful, or a search using these measures would be futile or disproportionately difficult. It shall produce statistics on surveillance in accordance with Art. 269bis CrimPC. 4 The competent authority may also inspect data on third parties where this appears necessary in the circumstances in order to find the missing person.

Para. 3 — SR 312.0

Art. 36 Search for convicted persons

1 Outside criminal proceedings, the competent authority may order post and telecommunications surveillance in order to find a person on whom a legally binding and enforceable custodial sentence or custodial measure has been imposed, provided the previous search measures have been unsuccessful or if a search would be futile or would be disproportionately difficult in the absence of surveillance. 2 The competent authority may employ technical equipment in accordance with Article 269bis CrimPC and computer programs pursuant to Article 269ter CrimPC, provided the previous measures for telecommunications surveillance pursuant to Article 269 CrimPC have been unsuccessful, or the search using these measures would be futile or disproportionately difficult. It shall produce statistics on surveillance in accordance with Article 269bis and 269ter CrimPC. 3 It may also inspect data on third parties, provided the requirements of Article 270 CrimPC are met mutatis mutandis.

Para. 2 — SR 312.0

Art. 37 Procedure

1 Articles 271, 272 and 274–279 CrimPC apply mutatis mutandis to the procedure. 2 In the case of an emergency search, the persons under surveillance shall be informed as soon as possible in derogation from Article 279 CrimPC. 3 The Confederation and the cantons shall designate the ordering authority, the approving authority and the appeal body. A surveillance order requires approval by a judicial authority.

Para. 1 — SR 312.0