4th Section: Minutes
Article 76 General provisions
1 The statements of the parties, the oral decisions of the authorities and all other procedural steps that are not made in writing to be logged.
2 The protocol lead person, the process management and possibly for translation enlisted person to confirm the correctness of the protocol.
3 The process management is responsible for ensuring that the procedural steps are recorded complete and correct.
4 may order that in addition to written procedural logging in whole or in part, be kept in sound or picture. Indicate this fact, the person known in advance.
Article 77 Process protocols
Procedures Protocols document all important procedural steps and give particular information on: a.
type, place, date and time of the procedure;
b. the names of the participating authorities members of the parties, their counsel and other persons present;
c. the parties' claims;
d. information on rights and obligations of the questioned persons
e. questioned the statements of persons;
f. the course of the proceedings, the criminal authority of the arrangements made and the compliance of each of the procedural steps provided procedural requirements;
g. submitted by the parties or otherwise acquired in criminal records and other evidence;
h. The decision and its reasons if these are the files not resolved in a separate copy.
Article 78 hearing protocols
1 The statements of the parties, witnesses, witnesses, informants and experts are constantly recorded.
2 The logging is in the language, but are important statements to be recorded as far as possible in the language, gave testimony in which the person questioned.
three crucial questions and answers are recorded verbatim.
4 The process line may allow the person questioned to dictate their own statements. 5 After
Conclusion of the hearing will be read to the person interrogated or the protocol submitted to it for reading. She has to sign the protocol after acceptance and to improvise each page. Where it fails to read the log or to sign, the refusal and the reasons given are recorded in the minutes. replaced
6 At hearings by video conference, the oral statement by the person questioned, they have taken note of the protocol, the signature and sights. The declaration will be recorded in the minutes.
7 Are handwritten records were not legible or the shorthand or recorded statements by technological means, they will immediately transferred in a fair copy. The notes and other records
be kept until completion of the procedure.
Article 79
a correction Obvious mistakes corrected, the process line with the protocol leading person, they then informed the parties.
2 About Applications for Protocol Amending the decision process line.
three corrections, changes, deletions and insertions are certified by the person conducting the protocol and procedures management. Substantive changes be made so that the original logging
recognizable remains.
The provisions of the 4th Section on logging are the logical consequence of the principle of orality. The documentation requirement, which states that all non-written procedural criminal authorities and the parties should be recorded, should ensure a record of criminal procedure. Thus it is also a condition of restriction on the principle of immediacy (Article 343). If you look just chooses to limit the immediacy of the trial, as did the federal legislature, then one requirement is that the court can understand, were raised as and how the evidence in preliminary proceedings. The documentation requirement has therefore not only memory or Perpetuierungsfunktion but also guarantee function, by aiming to ensure a proper conduct of proceedings (see Embassy, FF. 2006, p. 1155).
is related to the documentation requirement, the obligation to file management (Article 100) in close cooperation. Logging and record-keeping requirement, however, make the procedure is not written to ensure they are rather the correct process and the transparency of the oral proceedings. They serve not only the most comprehensive assessment of the process object by the court during the trial but also the assessment of the procedural steps by the appeal authorities.
Article 76: This provision
posited the principle of documentation logging or obligation. It involves the process logs (Article 77) and the interrogation logs (Article 78). The logging requirement applies to all stages, including in police investigations (embassy, FF. 2006, p. 1155). For the police investigation are also mentioned in Article 307 para 3 and 4 further provisions. Article 307 para 3 holds, however, explicitly stated in the documentation requirement for the police investigation. The police have basically all their findings and measures taken regularly to be recorded in written reports that the latest after completion of the investigation, together with the other files of the prosecutor forward are. According to paragraph 4 was the police may dispense with the exception of reporting, if it is obvious to the other steps of the prosecution is no need and no coercion or other formal investigative procedures are performed .
This provision (Article 307 paragraph 4) contains a lot of good design needs. You certainly can not be read that can be omitted in reporting by the police about acts of investigation, about which no reports have been produced (but what else is meant by non-formal investigative procedures?) Would be understood paragraph 4 so, so would the cat literally "bite the tail."
Simply put, that the police have to monitor all the essential acts of investigation, regardless of whether the prosecutor has opened a criminal investigation or not. To meet the reporting obligation, the process line is responsible (paragraph 3). This is also in the police investigation (and thus before the formal opening of criminal investigations), the Public Prosecutor (Article 61). Probably true of Article 76 paragraph 2 are poorly understood so narrowly that the prosecutor has to sign as a process manager and all the logs generated by the police (but probably only those regarding the procedural steps to which he himself participated).
Article 77:
This provision is intended to cover all substantial procedural actions (including the interrogations) and determines what must stipulate the procedure protocol.
Article 78:
Its scope is narrower. It refers only to a set of procedural steps, namely the interrogations. Striking is the determination under paragraph 2, that essential information (also) must be recorded in the language that speaks the interrogated person. This can probably be applied only to the major languages (imagine some logging statements in Chinese or before in Cyrillic languages, and in this sense expresses the message: FF. 2006, p. 1156). Moreover, the spread in most cantons tradition is taken to create not a verbatim record but only a reasonable per-protocol statements. Crucial questions and answers are recorded verbatim, but (paragraph 3). Section 6 allows the hearing by video conference. In this case, however, is still a protocol drawn up. This also applies in the case where the hearing is held on tape or video (or DVD) (Article 76 paragraph 4).
Article 79: Article 79
posited the (widely used in practice) principle that to understand protocol Corrections be documented. This determination depends in turn on all protocol types (not just the interrogation protocols).
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