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Art. 16 – Right to refuse to testify

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Art. 16

1

The right to refuse to testify is governed by Article 42 paragraphs 1 and 3 of the Federal Act of 4 December 194745 on Federal Civil Procedure (FCP).

1bis

The mediator is entitled to refuse to testify on matters that have come to his attention in the course of his activities in terms of Article 33b.46

2

A person who has knowledge of a professional or trade secret in terms of Article 42 paragraph 2 FCP may the refuse to testify unless he is required to testify by another federal act.

3

...47

  1. 45 SR 273
  2. 46 Inserted by Annex No 10 of the Federal Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS20062197 1069; BBl20014202).
  3. 47 Repealed by No I 1 of the FA of 23 June 2000 on the Amendment of Federal Legislation in order to guarantee the Protection of Journalistic Sources, with effect from 1 Feb. 2001 (AS 2001 118; BBl 1999 7966).
Legal act context
SR 172.021 · APA · Federal act · Federal Act of 20 December 1968 on Administrative Procedure (Administrative Procedure Act, APA)
Structure path
Section 2 General Procedural Principles D. Establishing of the facts of the case III. Examination of witnesses 3. Right to refuse to testify
Language
English (en)
Data status
2022-07-01

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