Art. 171Right to refuse to testify due to professional confidentiality
1 Members of the clergy, lawyers, defence lawyers, notaries, patent attorneys, doctors, dentists, pharmacists, psychologists and assistants to such persons may refuse to testify in relation to confidential matters that have been confided to them or come to their knowledge in the course of their professional work.50
2 They must testify if they:
a.
are subject to a duty to report; or
b.
are relieved of their duty of confidentiality in terms of Article 321 number 2 SCC51 by the person to whom the confidential information pertains or through the written consent of the competent authority.
3 The criminal justice authority shall also respect professional confidentiality in cases where the person entrusted with confidential information is relieved of the duty of confidentiality but he or she establishes that the interest of the person to whom the confidential information pertains outweighs the interest in establishing the truth.
4 The provisions of the Lawyers Act of 23 June 200052 are reserved.
50 Amended by Annex No 2 of the Healthcare Occupations Act of 30 Sept. 2016, in force since 1 Feb. 2020 (AS 2020 57; BBl 2015 8715).