The Compulsory Measures Court (German: Zwangsmassnahmengericht, French: Tribunal des mesures de contrainte, Italian: Tribunale delle misure coercitive) is an institution of SwissArt. 13 and 18 CPP. Criminal law. It rules on the provisional detention ("pre-trial detention") of an person, as well as on other compulsoryAndré 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. measures.
Competences A decision of the Compulsory Measures Court is required to order the followingCamille 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. measures:
Provisional detention;Art. 224 to 228 CPP Detention for security reasons;Art. 229 to 233 CPP Other compulsory measures; DNAArt. 256 CPPSwiss Telegraphic Agency, "Harvesting DNA from climate activists was excessive, says Federal Court", Le temps, June 9, 2021 (read online [archive], accessed June 8, 2021). sampling; Surveillance of correspondence;Art. 272 CPP Technical surveillance measures;Art. 281 CPP Surveillance of banking relationships;Art. 284 CPP Mission of an undercover agent;Art. 289 CPP
Other compulsory measures do not need to be referred to the Compulsory Measures Court, such as the .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.
Compulsory measures infringe fundamental rightsArt. 196 CPP and must comply with a number of conditions,Art. 197 CPP including the principle of proportionality.Camille Perrier Depeursinge, Swiss Code of Criminal Procedure (CPP) annotated, Helbing Lichtenhahn, 2020, 920 p. (), pp. 312-316.
References
External links Swiss Code of Criminal Procedure archive (CCP) of October 5, 2007 (status February 1, 2020), SR 312.0.