Federal Court Preventive search in cases of attempted sexual acts with children
The evidence from a preventive undercover search may be used for the conviction of a man for attempted sexual acts with children. The Federal Supreme Court has confirmed a ruling by the Fribourg Cantonal Court.
21.03.2025, 12:00
SDA
The man argued that the requirements for a covert search had not been met and demanded an acquittal. The Federal Supreme Court rejected this in a ruling published on Friday.
According to the Code of Criminal Procedure, a covert search requires, among other things, the suspicion that a crime or offense has been committed. This condition should not be interpreted restrictively, writes the supreme court. A covert search is not necessarily unlawful before a suspicion exists.
A search is frequently carried out when monitoring dating sites for the protection of minors. It is permissible if it is based on a cantonal legal basis. It must also meet the other requirements for restricting fundamental rights.
