Swiss Criminal Procedure CodeEnglish is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force. |
Art. 78 Records of hearings
1The statements of the parties, witnesses, persons providing information and expert witnesses shall be recorded as they are made. 2The record is made in the language of the proceedings, but important statements must if possible be recorded in the language in which the person examined makes them. 3Decisive questions and answers shall be recorded verbatim. 4The director of proceedings may permit the person examined to dictate his or her own statements. 5On conclusion of the examination hearing, the record shall be read out to the person examined or given to him or her to read. Once aware of its content, the person examined must sign the record and initial each page. If he or she refuses to read or sign the record, the refusal and reasons given for doing so shall be noted in the record. 5bisIf the examination in the main hearing is recorded using technical aids, the court may dispense with reading the transcript back to the person examined and or giving that person the transcript to read and sign. The recordings are placed in the case files.1 6In the case of hearings by means of video conference, the person examined shall make an oral declaration that he or she understands the content of the record instead of signing and initialling the same. The declaration shall be noted in the record. 7If records written by hand are not easily legible or if the statements have been recorded in shorthand, a legible copy shall be prepared immediately. Notes shall be preserved until the conclusion of the proceedings.2 1 Inserted by No I 2 of the FA of 28 Sept. 2012 (Transcription Regulations), in force since 1 May 2013 (AS 2013 851; BBl 2012 5707 5719). |