Swiss Criminal Procedure Code

¹Parties 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.

²Per­sons ex­er­cising a right to par­ti­cip­ate do not have the right to re­quest that the tak­ing of evid­ence be post­poned.

³A 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 be heard, and in par­tic­u­lar the right to ask ques­tions, can be taken in­to ac­count in an­oth­er way.

⁴Evid­ence ob­tained in vi­ol­a­tion of this Art­icle is in­ad­miss­ible against a party who was not present when it was taken.