Swiss Criminal Procedure Code

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.


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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).
2 Amended 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).

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