312.0
STPOCPP
CH
CH
Art. 249 Codice di diritto processuale penale svizzero (CPP) - Principio
CPP; Titolo quinto: Provvedimenti coercitivi; Capitolo 4: Perquisizioni e ispezioni
Art. 249 CPP · Principio
Persone e oggetti possono essere perquisiti senza il consenso dell’interessato soltanto se si debba presumere che si possano rinvenire tracce del reato oppure oggetti o valori patrimoniali da sequestrare.
Decisioni giudiziarie che applicano questa disposizione (15)
BK 2024 180 · be (Art. 249 StPO)
Husband v. Wife: Theft of Jewelry and Cash from Safe Deposit Boxes in Matrimonial Dispute
Cited in the reasoning regarding the conditions under which objects may be searched (presumption of finding traces of crime or items to be seized).
SB230009 · zh (Art. 249 StPO)
State v. Graffiti Vandalism Conviction Appeal
Used to distinguish the authorized body search from a house search.
PS/21/2023 · ge (Art. 249 CPP)
Appellant v. Police on Two-Stage Body Search Legality
Cited extensively as the primary provision governing searches of persons and objects, used to assess the legality of the body search.
2N 22 37 · lu (Art. 249 StPO)
Strip Search Disproportionate Following Minor Assault Arrest
Cited in the reasoning regarding the basis for searching persons in criminal proceedings, although the final decision rests on Art. 3 EMRK regarding the proportionality of the specific search.
PS/39/2020 · ge (art. 249 CPP)
Appeal Against Police Conduct During Theft Apprehension Dismissed
Cited as the basis for searching persons and objects based on the presumption of finding evidence or seizable assets.
P/11754/2020 · ge (Art. 249 CPP)
Partial Upholding of Appeal Against Search and Arrest Order Due to Unlawful Address Verification and Disproportionate Body Search
Cited in the reasoning for the search order, although the search itself was deemed disproportionate.
D.cision.2021.91 · vd (Art. 249 CPP)
Body Search Lawfulness and Damages for Voluntary Witness
Cited in the preamble section regarding the general law on searches and seizures, but not explicitly in the final operative orders (I-V).
OG.2019.00018 · gl (Art. 249 StPO)
Challenged Search and Seizure Order Dismissed for Lack of Standing
Cited regarding the search of persons and objects.
D.cision.2020.211 · vd (Art. 249 CPP)
Warrant Challenge Dismissed in Cyber-Fraud and Driving Case
Cited in the reasoning section concerning the search of persons and objects, which forms the basis for confirming the related warrant orders.
OG.2019.00054 · gl (Art. 249 StPO)
Cannabis Seizure Upheld Despite Personal Use Threshold
This provision was cited as a legal basis for the police's actions (search and seizure).
BK 2019 463 · be (Art. 249 f. StPO)
Man Challenges Provisional Arrest and Police Procedures in Criminal Investigation
Cited in the reasoning regarding the legality of the inventory of belongings (Effektenkontrolle).
60.2018.42 · ti (art. 249 CPP)
Appeal Against House Search and Seizure Order Upheld
Cited in the reasoning (not dispositive, but since it is listed in the preamble to the orders, it is included as part of the legal basis mentioned there).
P/16512/2012 · ge (art. 249 CPP)
Complainant v. Public Prosecutor regarding Dismissal of Abuse of Authority Complaint Against Gendarme Search
This provision concerning searches was discussed in the context of whether the conditions for the search of the camera were met, which relates to the substantive issue being sent back for further review.
RR.2009.76 (Art. 249, 258 poln. StPO)
Extradition to Poland for Fraud Upheld Despite Human Rights Concerns
Cited by the court as the legal basis found in the arrest warrant, countering the appellant's claim.
AC040120 · zh (Art. 249 BStP, § 284 StPO)
Property Damage Conviction Challenge and Cost Apportionment Appeal
Cited in the reasoning concerning the free judicial evaluation of evidence, relevant to the police report confirming the criminal complaint.