PROBLEMS AND TRENDS IN LEGISLATION WITH REGARD TO THE CODE OF CRIMINAL PROCEDURE, PART 2

• NCJ Number: 67749
• Journal: Kriminalistik Volume: 32 Issue: 12 Dated: (1978) Pages: 562-567
• Author(s): R HAUSER
• Date Published: 1978
• Length: 6 pages
• Publication Format: Article
• Language: German
• Country: Switzerland

Annotation

PROBLEMS AND TRENDS IN REVISION OF SWISS LAWS AFFECTING CRIMINAL PROCEDURE ARE OUTLINED.

Abstract

ACCORDING TO LAWS AFFECTING THE DEFENSE, ACCUSED PARTIES ARE NOT REQUIRED TO TESTIFY IN THEIR OWN BEHALF, ALTHOUGH THEY MUST SUBMIT TO SEARCHES; AND ACCUSED PARTIES WITHOUT MEANS ARE ENTITLED TO DEFENSE PAYED FOR BY THE STATE. PROVISIONS FOR UNSUPERVISED ACCUSED-ATTORNEY CONFERENCES REPLACE SUPERVISON STATUTES; AND DEFENSE COUNSEL CAN BE EXCLUDED FROM PROCEEDINGS IF INVOLVED IN IMPROPRIETIES OF THE SORT SEEN IN WEST GERMAN TERRORIST TRIALS. COERCIVE MEASURES DIRECTED AGAINST ACCUSED PARTIES CAN BE APPLIED WHEN ABSOLUTELY NECESSARY; DETENTION OF THE ACCUSED IS PERMISSIBLE WHEN A DANGER OF CONTINUED CRIMINAL ACTIVITY EXISTS OR WHEN THE OFFENSE IS PARTICULARLY GRAVE. REVISED LAWS REQUIRE THAT EVERY INDIVIDUAL IN PRETRIAL DETENTION BE BROUGHT BEFORE A JUDGE AND THAT EVERY DETAINEE MAY DEMAND COURT REVIEW OF HIS CASE. MAIL, TELEPHONE, AND TELEGRAPH SURVEILLANCE OF ACCUSED PARTIES OR SUSPECTS IS ONLY ALLOWED AFTER LEGAL PERMISSION HAS BEEN GRANTED. USE OF TELEPHOTO CAMERA LENSES FOR SURVEILLANCE HAS BEEN PERMITTED SINCE 1974, BUT ONLY WITH SPECIAL PERMISSION FROM A CANTONAL COURT JUDGE. IN MOST CANTONS PARTICIPATION OF ACCUSED PARTIES IN ORAL PRELIMINARY HEARINGS IS VERY LIMITED, BUT THIS SITUATION IS EXPECTED TO CHANGE IN THE NEAR FUTURE. THE CURRENT GUIDING PRINCIPLE OF THE MAIN TRIAL, HOLDING THAT ALL INVOLVED PARTIES MUST BE PRESENT AT PROCEEDINGS, MUST BE REVISED BECAUSE OF THE FREQUENT IMPOSSIBILITY OF QUESTIONING ALL EXPERTS AND WITNESSES IN COURT. APPENZELL HAS INTRODUCED THE ANGLO-SAXON LEGAL TRADITION OF MENTAL COMPETENCE CONSIDERATION IN THE SECOND HALF OF THE MAIN TRIAL, AFTER GUILT HAS BEEN ESTABLISHED. INTRODUCTION OF A NEW UNIFORM PROCEDURE WHICH LIES BETWEEN AN APPEAL AND A PLEA OF NULLITY, AS WELL AS REGULAR REVIEW OF PARTICULAR PENALTIES AND THEIR JUSTIFICATION ARE RECOMMENDED. NOTES ARE SUPPLIED. --IN GERMAN. (KMD)