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Swiss Criminal Procedure Code
(Criminal Procedure Code, CrimPC)

of 5 October 2007 (Status as of 1 July 2022)

Art. 170 Right to refuse to testify due to official secrecy

1 Pub­lic of­fi­cials as defined in Art­icle 110 para­graph 3 SCC49 as well as mem­bers of au­thor­it­ies may re­fuse to testi­fy on secret mat­ters com­mu­nic­ated to them in their of­fi­cial ca­pa­city or which have come to their know­ledge in the ex­er­cise of their of­fice.

2 They must testi­fy if they have been giv­en writ­ten au­thor­isa­tion to do so by their su­per­i­or.

3 The su­per­i­or shall grant au­thor­isa­tion to testi­fy if the in­terest in es­tab­lish­ing the truth out­weighs the in­terest in pre­serving secrecy.