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Art. 78 Records of hearings in general 29
1 The statements of the parties, witnesses, persons providing information and expert witnesses shall be recorded as they are made. 2 The record is made in the language of the proceedings, but important statements must if possible be recorded in the language in which the person examined makes them. 3 Decisive questions and answers shall be recorded verbatim. 4 The director of proceedings may permit the person examined to dictate his or her own statements. 5 On conclusion of the examination hearing, the record shall be read out to the person examined or given to him or her to read. Once aware of its content, the person examined must sign the record and initial each page. If he or she refuses to read or sign the record, the refusal and reasons given for doing so shall be noted in the record. 5bis …30 6 In the case of hearings by means of video conference, the person examined shall make an oral declaration that he or she understands the content of the record instead of signing and initialling the same. The declaration shall be noted in the record. 7 If records written by hand are not easily legible or if the statements have been recorded in shorthand, a legible copy shall be prepared immediately. Notes shall be preserved until the conclusion of the proceedings.31 29 Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). 30 Inserted by No I 2 of the FA of 28 Sept. 2012 (Transcription Regulations) (AS 2013 851; BBl 2012 57075719). Repealed by No I of the FA of 17 June 2022, with effect from 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). 31 Amended by No I 2 of the FA of 28 Sept. 2012 (Transcription Regulations), in force since 1 May 2013 (AS 2013 851; BBl 2012 57075719). |