Swiss Criminal Procedure Code
(Criminal Procedure Code, CrimPC)

of 5 October 2007 (Status as of 23 January 2023)


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Art. 264 Restrictions

1 The fol­low­ing items may not be seized ir­re­spect­ive of their loc­a­tion and of when they were cre­ated:

a.
doc­u­ments used in com­mu­nic­a­tions between the ac­cused and his or her de­fence law­yer;
b.
per­son­al re­cords and cor­res­pond­ence be­long­ing to the ac­cused if the in­terest in pro­tect­ing his or her pri­vacy out­weighs the in­terest in pro­sec­u­tion;
c.79
items and doc­u­ments used in com­mu­nic­a­tions between the ac­cused and per­sons who may re­fuse to testi­fy in ac­cord­ance with Art­icles 170–173 and who are not ac­cused of an of­fence re­lat­ing to the same case;
d.80
items and doc­u­ments used in com­mu­nic­a­tions between an­oth­er per­son and his or her law­yer provided the law­yer is en­titled to rep­res­ent cli­ents be­fore Swiss courts in ac­cord­ance with the Law­yers Act of 23 June 200081 and is not ac­cused an of­fence re­lat­ing to the same case.

2 The re­stric­tions in ac­cord­ance with para­graph 1 do not ap­ply to items and as­sets that must be seized with a view to their re­turn to the per­son suf­fer­ing harm or their for­feit­ure.

3 If an en­titled per­son claims that a seizure of items or as­sets is not per­mit­ted on the grounds of a right to re­fuse to make a state­ment or testi­fy or for oth­er reas­ons, the crim­in­al justice au­thor­it­ies shall pro­ceed in ac­cord­ance with the reg­u­la­tions on the seal­ing of evid­ence.

79 Amended by No I 6 of the FA of 28 Sept. 2012 on the Amend­ment of Pro­ced­ur­al Pro­vi­sions on Pro­fes­sion­al Con­fid­en­ti­al­ity for Law­yers, in force since 1 May 2013 (AS 2013 847; BBl 2011 8181).

80 In­ser­ted by No I 6 of the FA of 28 Sept. 2012 on the Amend­ment of Pro­ced­ur­al Pro­vi­sions on Pro­fes­sion­al Con­fid­en­ti­al­ity for Law­yers, in force since 1 May 2013 (AS 2013 847; BBl 2011 8181).

81 SR 935.61

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