Swiss Criminal Procedure Code

¹On 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 agent; it may re­quire the pub­lic pro­sec­utor to par­ti­cip­ate.

²If so re­ques­ted, it shall per­mit the ac­cused and the de­fence to in­spect the files in its pos­ses­sion be­fore the hear­ing.

³Any per­son who is per­mit­ted not to at­tend the hear­ing may sub­mit ap­plic­a­tions in writ­ing or make ref­er­ence to earli­er sub­mis­sions.

⁴The com­puls­ory meas­ures court shall gath­er all the im­me­di­ately avail­able evid­ence that may sub­stan­ti­ate or re­but the sus­pi­cions or the grounds for de­ten­tion.

⁵If the ac­cused ex­pressly waives the right to a hear­ing, the com­puls­ory meas­ures court shall de­cide in writ­ten pro­ceed­ings on the basis of the ap­plic­a­tion made by the pub­lic pro­sec­utor and the sub­mis­sions made by the ac­cused.