third Section: Secrecy, direction of public opinion, notification to authorities
Article 73 Confidentiality
1 The members of law enforcement agencies, their employees and the managers appointed by criminal authorities, experts maintain secrecy regarding
facts to them in the performance of their official duties are brought to the attention.
2 The process line, the private prosecutor shaft and the other party and their legal advisers in regard to Article 292 StGB9 undertake not to disclose the proceedings and the persons concerned to disclose if the purpose of the proceedings or a private interest so requires. The obligation is limited in time.
Article 74 direction of public
1 The prosecutor and the courts and with the permission of the police, the public focus of pending proceedings, if necessary: a.
to the population in the investigation of crime or in the pursuit of suspected of assisting;
b. to warn or reassure the population;
c. for correction of incorrect messages or rumors;
d. special because of the importance of tightening everything.
2 The police may also focus on its own from the public about accidents and crimes, without naming names.
3 At the direction of public opinion is the principle of presumption of innocence and the persons concerned must be observed.
4 In cases where a victim is involved, may publish and private agencies outside of a public court proceedings and his identity information to allow him to be identified, only if: a.
involvement of the population in the investigation of crime or the search for suspects necessary is, or
b. the victim or his surviving family members agree to the publication.
article 75 notification to other authorities
1 is an accused person in criminal or enforcement measures, so inform the competent authorities of the criminal law enforcement agencies a new criminal
and handed down decisions.
2 The law enforcement agencies to inform the social and guardianship authorities in the prosecution of criminal judgments and, if necessary for the protection of an accused or injured party or its nationals.
3 Set in the prosecution of offenses involving minors are involved, concludes that further measures are necessary, it shall immediately inform the
guardianship authorities.
four federal and cantonal authorities to require the criminal to the authorities or other communications to entitle
Article 73:
para 1 requires members of the criminal authorities and their employees regarding the facts to them in the performance of their official duties to knowledge have come to remain silent. This duty is the logical consequence of the limited public principle, which applies in criminal proceedings. In accordance with article 69 paragraph 3 shall not be public as well as the process posited by article 70 Ability to limit, respectively. the exclusion of the public regarding the other methods require a corresponding Inpflichtnahme of members of the criminal authorities. For definitions of the term secret is, moreover, article 320 of the Criminal Code respectively. the law developed to prevail.
Confidentiality is also addressed to the officially appointed experts. Other persons subject to confidentiality obligations pursuant to article 73 paragraph is not 1.
Paragraph 2 therefore extends the obligation of confidentiality - by order of the process line - to the other parties (Article 104 and 105) from. The confidentiality requirement may only be ordered if the process purpose or a private interest so requires. It is limited in time (in this sense, yes BGE 131 I 425 ). The confidentiality requirement may be connected to the threat of punishment under Article 292nd This is necessary because Article 293 of the Criminal Code (which is the official publication of secret negotiations under penalty) only to messages that are addressed to the general public, refers, not to the message to individuals (see Message, FF. 2006, p. 1154).
Article 74:
Article 74 provides for specific purposes, the orientation of the public. The orientation of the public may be in the interest of law enforcement and the public interest. The orientation of the public (article 74 paragraph 1. D) of particularly important criminal cases in turn represents an outflow from the principle of public dar. Since, in principle, only the main trial is public, but can impose the orientation of the public at the stage of the pre- to the criminal authorities based on Article 74 in particularly important cases, may inform the public. Thus, the public and the media is also possible, by the opportunity to attend the trial in a specific case, to be attentive.
Article 75: Allows
the criminal authorities, other authorities to focus on criminal procedure. This provision means the one hand, that the secrecy of investigations and g.ü. other authorities and the other is that the orientation needs of other authorities a legal basis. Confederation and the cantons can extend this to Article 75 also. Interesting considerations to bear the confidentiality of investigations g.ü. the supervisory authority can the so-called "flip-chart decision" of the federal criminal courts are removed, 18.12.2007 ( AU.2007.1 )
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