Compulsory Measures Court

Institution of Swiss criminal law From Wikipedia, the free encyclopedia

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 [fr] 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 [fr].[13]

Compulsory measures infringe fundamental rights[14] and must comply with a number of conditions,[15] including the principle of proportionality.[16]

References

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