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Swiss Criminal Procedure Code
(Criminal Procedure Code, CrimPC)

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

Art. 171 Right 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).

51 SR 311.0

52 SR 935.61