Swiss Criminal Procedure Code
(Criminal Procedure Code, CrimPC)

¹ When mon­it­or­ing a per­son be­long­ing to one of the pro­fes­sions men­tioned in Art­icles 170–173, the court must en­sure that in­form­a­tion that is rel­ev­ant to the en­quir­ies or the reas­on why this per­son is be­ing mon­itored is sep­ar­ated from in­form­a­tion that is rel­ev­ant, in or­der to guar­an­tee that no pro­fes­sion­al secrets come to the know­ledge of the crim­in­al justice au­thor­ity. The sep­ar­ated data must be des­troyed im­me­di­ately; it may not be eval­u­ated.

² In­form­a­tion un­der para­graph 1 need not be sep­ar­ated be­fore­hand if:

a.

there is a strong sus­pi­cion that the per­son sub­ject to pro­fes­sion­al con­fid­en­ti­al­ity is guilty of an of­fence; and

b.

there are spe­cif­ic reas­ons jus­ti­fy­ing the dir­ect in­ter­cep­tion of com­mu­nic­a­tions.

³ In the sur­veil­lance of oth­er per­sons, as soon as it is es­tab­lished that they have links with a per­son men­tioned in Art­icles 170–173, in­form­a­tion on com­mu­nic­a­tion with the per­son must be sep­ar­ated in ac­cord­ance with para­graph 1. In­form­a­tion in re­spect of which a per­son men­tioned in Art­icles 170–173 may re­fuse to testi­fy must be re­moved from the case doc­u­ments and des­troyed im­me­di­ately; it may not be eval­u­ated.