Art. 74 Cantonal Police Act (LPol)

1 Before the initiation of a criminal investigation by the Public Prosecutor's Office, the cantonal police may conduct preliminary investigations in a covert manner if the following conditions are met

a) sufficient indications suggest that an offense could be committed;

b) the seriousness or specific nature of the targeted offense justifies the use of this method; and

c) other means employed thus far have failed, or the potential investigations, if not conducted covertly, would be unlikely to succeed or would be excessively difficult.

2 Only a police officer may conduct preliminary investigations in a covert manner, to the exclusion of public safety assistants.

3 With the commander’s approval, the officer in question may be provided with an assumed identity.

4 The measure is ordered by a police officer.

5 The intervention of undercover agents requires the approval of the coercive measures judge. The request must be submitted no later than 24 hours after the measure has been ordered.

6 The provisions of the Swiss Code of Criminal Procedure apply analogously to the remaining matters, particularly regarding communication to the person subject to the measure.

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