Compulsory Measures Court Explained
The Compulsory Measures Court (German: Zwangsmassnahmengericht, French: Tribunal des mesures de contrainte, Italian:Tribunale delle misure coercitive) is an institution of Swiss[1] Criminal law. It rules on the provisional detention ("pre-trial detention") of an accused person, as well as on other compulsory[2] measures.
Competences
A decision of the Compulsory Measures Court is required to order the following[3] [4] measures, :
- Provisional detention;[5]
- Detention for security reasons;[6]
- Other compulsory measures :
- DNA[7] [8] sampling, ;
- Surveillance of correspondence;[9]
- Technical surveillance measures;[10]
- Surveillance of banking relationships;[11]
- Mission of an undercover agent;[12]
Other compulsory measures do not need to be referred to the Compulsory Measures Court, such as the Swiss criminal law mandate.[13]
Compulsory measures infringe fundamental rights[14] and must comply with a number of conditions,[15] including the principle of proportionality.[16]
See also
Legal basis
Notes and references
- Art. 13 and 18 CPP.
- André Kuhn and Joëlle Vuille, Criminal Justice: Penalties According to Judges and Public Opinion, Presses polytechniques et universitaires romandes, coll. "Le savoir suisse", 2010, 128 p., p. 21.
- Camille Perrier Depeursinge, Swiss Code of Criminal Procedure (CPP) annotated, Helbing Lichtenhahn, 2020, 920 p., p. 44.
- André Kuhn and Joëlle Vuille, Criminal Justice: Penalties According to Judges and Public Opinion, Presses polytechniques et universitaires romandes, coll. "Le savoir suisse", 2010, 128 p., p. 21.
- Art. 224 to 228 CPP
- Art. 229 to 233 CPP
- Art. 256 CPP
- [Swiss Telegraphic Agency]
- Art. 272 CPP
- Art. 281 CPP
- Art. 284 CPP
- Art. 289 CPP
- In Swiss criminal law, a mandate is an act by which a magistrate orders a person to be brought before him or placed in detention. The terms and conditions of the various mandates are governed by the Swiss Code of Criminal Procedure.
- Art. 196 CPP
- Art. 197 CPP
- Camille Perrier Depeursinge, Swiss Code of Criminal Procedure (CPP) annotated, Helbing Lichtenhahn, 2020, 920 p., pp. 312-316.
- The Systematic Compendium of Federal Law is the official compilation in a consolidated version of Swiss federal law.
See also
- Swiss Code of Criminal Procedure
- Judge of freedoms and detention (France)
- Swiss criminal law mandate
