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STPOCPP
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CH
Art. 175 Codice di diritto processuale penale svizzero (CPP) - Esercizio della facoltà di non deporre
CPP; Titolo quarto: Mezzi di prova; Capitolo 3: Testimoni
Art. 175 CPP · Esercizio della facoltà di non deporre
Il testimone può in ogni tempo opporre la sua facoltà di non deporre o revocare la rinuncia alla stessa.
Le deposizioni rilasciate da un testimone dopo essere stato informato della facoltà di non deporre possono essere utilizzate come prove anche se in seguito il testimone oppone tale facoltà o revoca la rinuncia alla stessa.
Decisioni giudiziarie che applicano questa disposizione (56)
51/2004/19 · sh (Art. 175 Abs. 1 StPO)
Provisional Seizure of Third-Party Property for Confiscatory Compensatory Claim Upheld Despite Pending Appeal
Cited in the reasoning regarding the timing of the decision on confiscation or return of seized assets.
51/2003/10 · sh (Art. 175 Abs. 1 StPO)
Appealability of Precautionary Seizure Release Refusal in Fraud Proceedings
This provision on the retention of seized assets was cited in the context of when preliminary seizures should be lifted before the conclusion of criminal proceedings.
ZZ.1993.22 · so (§ 175 StPO)
Victim's Appeal Grants Defendant Right to Cross-Appeal in Traffic Case
The court interpreted this provision to allow the accused to file a cross-appeal (Anschlussappellation) even when only the injured party appealed.
51/2007/37 · sh (Art. 175 Abs. 1 StPO)
Appeal Deadline Triggered by Actual Knowledge; Unjustified Vehicle Seizure Annulled
Cited when discussing the return of seized objects if they are not subject to confiscation or forfeiture.
51/2002/55 · sh (Art. 175 StPO)
Company Appeal Regarding Confiscation Order Following Narcotics Investigation Termination
Cited in the reasoning as the basis for the rule that the decision on confiscation, forfeiture, or return of seized assets is generally made upon conclusion of the proceedings.
P2 15 9 · vs (Art. 175 Abs. 1 StPO)
Media Professional's Refusal to Testify vs. Accused's Right to Question Adverse Witnesses
Cited to rule out the possibility of the journalist revoking her waiver of the right to refuse testimony.
KGVS P2 15 9 · vs (Art. 175 Abs. 1 StPO)
Journalist Privilege Waived by Prior Disclosure
Cited in the reasoning to dismiss the possibility of X_________ revoking her waiver of the right to refuse testimony.
SK2 2010 70 · gr (Art. 175 Abs. 3 StPO)
Administrative Criminal Appeal Regarding Non-Appearance of Foreign Resident for In-Person Hearing
The original decision to dismiss the objection was based on this provision, and the final ruling effectively annuls that decision.
SK2 2010 33 · gr (Art. 175 Abs. 4 Satz 2 StPO)
Appeal Regarding Dismissal for Failure to Collect Traffic Summons
The court explicitly states that the appeal is dismissed because the objection falls away by application of this provision when the appellant failed to appear for the hearing.
CHAC.2009.55 · ne (Art. 175 CPP)
Appellant v. Investigating Judge on Refusal to Confront Co-Suspect
Cited in the reasoning when discussing the requirements and effects of the decision to close the investigation, which was annulled.
SK2 2009 12 · gr (Art. 175 Abs. 3 StPO)
Traffic Violation Appeal Dismissal Due to Uncollected Summons
The appeal was dismissed because the court found that the appellant failed to appear for the summons without excuse, leading to the withdrawal of the objection according to this provision.
INC.2008.3003 · ti (Art. 175, 176 CPP)
Defendant v. Public Prosecutor (Access to Investigation Files)
These articles were cited in the PQM section, related to the general conduct of the investigation.
INC.2008.3003 · ti (Art. 57, 58, 60, 62, 64, 175, 176, 280, 284 CPP)
Defendant v. Public Prosecutor (Access to Investigation Files)
These cantonal procedural code articles were cited in the PQM section, relating to the rights of the accused, the defense, access to files (Art. 60), and the right to request procedural acts.
VB 2006 12 · gr (Art. 175 Abs. 3 StPO)
Speeding Fine Appeal Dismissed for Failure to Collect Summonses
This provision establishes the consequence (the lapse of the objection) when the objector fails to appear for a summons during the subsequent investigation procedure.
PS 2006 5 · gr (Art. 175 Abs.2 StPO)
Copyright Infringement via File-Sharing and Aiding and Abetting Distribution
This procedural article was cited in order 5 regarding the consequence of filing an objection (ordinary penal procedure).