second Section: Public
principles of Article 69 1 The proceedings in the first instance Court and the Court of Appeal and the oral opening of judgments and decisions of these courts shall be public except for the advice.
2 Unless waived by the parties in such cases on a public sentencing or punishment is delivered, interested persons may inspect the judgments and penalty orders.
3 are not related: a. the pre
; reserved releases the criminal authorities to the public;
b. the method of coercion Court;
c. the proceedings of the Appeals Board and, if it is done in writing, the Appellate Court;
d. the penal procedure.
4 Public Negotiations are generally accessible for persons under 16 years but only with the approval of the process line.
Article 70 restrictions, and exclusion of the public
1 The court may exclude the public from court proceedings in whole or in part if:
a. public safety or order or legitimate interests of an interested person, in particular the victim, this may require;
b . crowd pressing in.
2 is excluded the public, so can the suspect, the victim and the private prosecutor shaft of three confidants be accompanied. 3 The court may
court rapporteurs and court reporters and other people who have a legitimate interest allowed under certain conditions
access to the negotiations under paragraph 1 are not public.
4 was excluded the public, shall open the court ruling in a public hearing or oriented to the public as required by other appropriate means on the outcome.
Article 71 video and audio recordings
1 image and sound recordings within the court building as well as recordings of procedural steps outside the courthouse are not allowed.
two offenses can be punished with administrative fine pursuant to Article 64 paragraph 1. Unauthorized recordings may be seized.
Article 72 court reporting
Confederation and the cantons to regulate the registration and the rights and duties of the court reporter and court reporter inside.
Article 69: The principle of public
of state court proceedings already in Article 6 para. 1 ECHR and Article 30 paragraph 3 of the constitution enshrined. He has two thrusts. On the one hand, it is to make the people involved in the process of correct treatment. On the other hand, the public be allowed to determine "how the law administered and the administration of justice is exercised" BGE 133 I 106 . The principle of public access is therefore in the public interest by allowing public scrutiny of justice.
basic distinction between party and public audience public. As an aspect of public audience appears and indirect public (in press). Public audiences are in principle before the trial of First Instance and on appeal. In contrast, the Pre-Trial is basically only party publicly and public audience.
Furthermore there points of contact between the public and the principle of orality. The procedure can only be public as far as It is also spoken. Is the appeal process, exceptionally written, it is not in public. Nor is the public method of punishment. Under no circumstances, however, related to proceedings before the Court of compulsory measures, is even if it is verbally. waived
Unless the parties to an oral verdict, interested parties can take in the judgments of insight. This also applies to the penalty orders (paragraph 2).
Article 70:
Under certain conditions (Section 1), the court may exclude the public from the hearing. Of this, however, is to make only with great restraint use. What legitimate interests of The parties concerned, which may justify the exclusion of the public, is primarily thinking of the interests of the victim. The accused, however, has the public with any negotiations related interventions inevitably, to accept in his personal relationships usually BGE 119 Ia 99 .
Has the public be excluded from the trial, they may accompany the accused, the victim and the private prosecutor shaft, each more than 3 confidence people have (this way at least reduced to some extent an or selective public (paragraph 2). It is after possible, at least the To ensure indirect public by the representatives of the media under certain conditions, the participation and reporting is allowed on the process (paragraph 3). Also, the opening sentence is to be made public in this case, or the public to focus appropriately on the outcome of the procedure (paragraph 4).
Article 71: A general limitation
receives the public claim to the prohibition of image and sound recordings within the court building or in conjunction with actions of the court proceedings outside the court building. Article 71 provides for no exceptions. In contrast to the Anglo-American legal system has the so-called "live court coverage" ("Court TV") in Switzerland have no tradition.
Article 72:
This provision deals with the indirect public. Confederation and the cantons can regulate the registration and the rights and duties of the court reporter. Would be allowed as a so-called accreditation system.
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