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Swiss Criminal Procedure Code
(Criminal Procedure Code, CrimPC)

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

of 5 October 2007 (Status as of 1 July 2021)

Art. 108 Restriction of the right to be heard

1 The crim­in­al justice au­thor­it­ies may re­strict the right to be heard if:

a.
there is jus­ti­fied sus­pi­cion that a party is ab­us­ing his or her rights;
b.
this is re­quired for the safety of per­sons or to safe­guard pub­lic or private in­terests in pre­serving con­fid­en­ti­al­ity.

2 Re­stric­tions in re­la­tion to leg­al agents are only per­mit­ted if the leg­al agent gives per­son­al cause for im­pos­ing a re­stric­tion.

3 Re­stric­tions must be lim­ited in time or to in­di­vidu­al pro­ced­ur­al acts.

4 If the reas­on for im­pos­ing the re­stric­tion con­tin­ues to ap­ply, the crim­in­al justice au­thor­it­ies may base their de­cisions on files that have not been dis­closed to a party only if that party has been in­formed of the es­sen­tial con­tent there­of.

5 If the reas­on for the re­stric­tion has ceased to ap­ply, the right to be heard must be gran­ted in a suit­able form ret­ro­spect­ively.