Art. 28a SCC from 2025
Art. 28a Protection of sources
1 If persons who are professionally involved in the publication of information in the editorial section of a periodical medium or their auxiliary personnel refuse to give evidence as to the identity of the author or as to the content and sources of their information, they are not liable to any penalty nor to any procedural law enforcement measures.
2 Paragraph 1 does not apply if the court (1) holds that:a. the evidence is required in order to save a person from immediate danger to life or limb; orb. (2) without the evidence, a case of homicide under Articles 111–113 or a different felony that carries a minimum custodial sentence of three years, or an offence under Articles 187, 189–191, 197 paragraph 4, 260ter, 260quinquies, 260sexies,305bis, 305ter or 322ter–322septies of this Code or under Article 19 paragraph 2 of the Narcotics Act of 3 October 1951 (3) will not be solved or the persons suspected of committing the said offence may not be apprehended.
(1) Term in accordance with No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 ([AS 2023 259]; [BBl 2018 2827]). This change has been made in the provisions specified in the AS.
(2) Amended by Annex No II 2 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021 ([AS 2021 360]; [BBl 2018 6427]).
(3) [SR 812.121]
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
