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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. 141 Admissibility of unlawfully obtained evidence

1 Evid­ence ob­tained in vi­ol­a­tion of Art­icle 140 is not ad­miss­ible un­der any cir­cum­stances. The fore­go­ing also ap­plies where this Code de­clares evid­ence to be in­ad­miss­ible.

2 Evid­ence that crim­in­al justice au­thor­it­ies have ob­tained by crim­in­al meth­ods or by vi­ol­at­ing reg­u­la­tions on ad­miss­ib­il­ity is in­ad­miss­ible un­less it is es­sen­tial that it be ad­mit­ted in or­der to se­cure a con­vic­tion for a ser­i­ous of­fence.

3 Evid­ence that has been ob­tained in vi­ol­a­tion of ad­min­is­trat­ive reg­u­la­tions is ad­miss­ible.

4 Where evid­ence that is in­ad­miss­ible un­der para­graph 2 has made it pos­sible to ob­tain ad­di­tion­al evid­ence, such evid­ence is not ad­miss­ible if it would have been im­possible to ob­tain had the pre­vi­ous evid­ence not been ob­tained.

5 Re­cords re­lat­ing to in­ad­miss­ible evid­ence shall be re­moved from the case doc­u­ments, held in safe­keep­ing un­til a fi­nal judg­ment has con­cluded the pro­ceed­ings, and then des­troyed.