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Art. 168 – Right to refuse to testify due to a personal relationship

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Art. 168

Right to refuse to testify due to a personal relationship

1

The following persons may refuse to testify:

a.

the accused's spouse or the person who cohabits with the accused;

b.

anyone who has a child with the accused;

c.

anyone who is related to the accused in direct line or by marriage;

d.

the accused's siblings and stepsiblings and the spouse of a sibling or stepsibling;

e.

the siblings and stepsiblings of the accused's spouse, and the spouse of such a sibling or stepsibling;

f.

the accused's foster parents, foster children and foster siblings;

g.80

a person appointed to act as guardian or deputy for the accused.

2

The right to refuse to testify under paragraph 1 letters a and f remains valid if the marriage is dissolved or if in the case of a foster family81, the foster relationship no longer applies.

3

A registered partnership is deemed equivalent to marriage.

4

The right to refuse to testify ceases to apply if:

a.82

the criminal proceedings concern an offence under Articles 111–113, 122, 124, 140, 184, 185, 187, 189, 190 or 191 SCC83; and

b.

the criminal act was directed at a person to whom the witness in accordance with paragraphs 1–3 is related.

  1. 80 Amended by Annex No 2 of the FA of 15 Dec. 2017 (Child Protection), in force since 1 Jan. 2019 (AS 2018 2947; BBl 2015 3431).
  2. 81 Art. 4–11 of the Ordinance of 19 Oct. 1977 on the Placement of Children in Foster Care and for Adoption (SR 211.222.338).
  3. 82 Amended by No III of the FA of 30 Sept. 2011, in force since 1 July 2012 (AS 2012 2575; BBl 2010 5651 5677).
  4. 83 SR 311.0
Legal act context
SR 312.0 · CrimPC · Federal act · Swiss Criminal Procedure Code of 5 October 2007 (Criminal Procedure Code, CrimPC)
Structure path
Title 4 Evidence Chapter 3 Witnesses Section 2 Rights to Refuse to Testify
Language
English (en)
Data status
2025-04-01

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