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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. 169 Right to refuse to testify for personal protection or to protect closely related persons

1 A per­son may the re­fuse to testi­fy if he or she would in­crim­in­ate him or her­self by testi­fy­ing such that he or she:

a.
could be found guilty of an of­fence;
b.
could be held li­able un­der the civil law and the in­terest in pro­tec­tion out­weighs the in­terest in pro­sec­u­tion.

2 The right to re­fuse to testi­fy also ap­plies if the per­son by testi­fy­ing would in­crim­in­ate a closely re­lated per­son as defined in Art­icle 168 para­graphs 1–3; Art­icle 168 para­graph 4 re­mains re­served.

3 A per­son may re­fuse to testi­fy if by testi­fy­ing he or she or a closely re­lated per­son as defined in Art­icle 168 para­graphs 1–3 would be ex­posed to a con­sid­er­able risk to life and limb or oth­er ser­i­ous det­ri­ment that can­not be pre­ven­ted by tak­ing pro­tect­ive meas­ures.

4 A vic­tim of a sexu­al of­fence may in every case re­fuse to an­swer ques­tions that re­late to his or her private do­main.