Commentaries: Art. 269

The public prosecutor may arrange for post and telecommunications to be monitored if:
1. there is a strong suspicion that an offence listed in paragraph 2 has been committed;
2. the seriousness of the offence justifies surveillance; and
3. investigative activities carried out so far have been unsuccessful or the enquiries would otherwise have no prospect of success or be made unreasonably complicated.
Surveillance may be ordered in the investigation of the offences under the following Articles:
1. ¹ SCC²: Articles 111–113, 115, 118 paragraph 2, 122, 124, 127, 129, 135, 138–140, 143, 144 paragraph 3, 144^bisnumber 1 paragraph 2 and number 2 paragraph 2, 146–148, 156, 157 number 2, 158 number 1 paragraph 3 and number 2, 160, 163 number 1, 180, 181, 182–185, 187, 188, 189–191, 193, 193a , 195–197, 220, 221 paragraphs 1 and 2, 223 number 1, 224 paragraph 1, 226–226^ter, 227 number 1 paragraph 1, 228 number 1 paragraph 1, 230^bis, 231 number 1, 232 number 1, 233 number 1, 234 paragraph 1, 237 number 1, 240 paragraph 1, 242, 244, 251 number 1, 258, 259 paragraph 1, 260^bis–260^sexies, 261^bis, 264–267, 271, 272 number 2, 273, 274 number 1 paragraph 2, 285, 301, 303 number 1, 305, 305^bisnumber 2, 310, 312, 314, 317 number 1, 319, 322^ter, 322^quaterand 322^septies;
2. ³ Foreign Nationals and Integration Act⁴of 16 December 2005⁵: Articles 116 paragraph 3 and 118 paragraph 3;
3. Federal Act of 22 June 2001⁶on the Hague Convention on Adoption and on Measures to Protect Children in International Adoption Cases: Article 24;
4. ⁷ War Material Act of 13 December 1996⁸: Articles 33 paragraph 2 and 34–35b ;
5. Nuclear Energy Act of 21 March 2003⁹: Articles 88 paragraphs 1 and 2, 89 paragraphs 1 and 2 and 90 paragraph 1;
6. ¹⁰ NarcA¹¹: Articles 19 number 1 second sentence and number 2, and 20 number 1 second sentence;
7. ¹² Environmental Protection Act of 7 October 1983¹³: Article 60 paragraph 1 letters g–I, m and o as well as paragraph 1^bis;
8. Goods Control Act of 13 December 1996¹⁴: Article 14 paragraph 2;
9. ¹⁵ Sport Promotion Act of 17 June 2011¹⁶: Article 22 paragraphs 2 and 25a paragraph 3;
10. ¹⁷ Financial Market Infrastructure Act of 19 June 2015¹⁸: Articles 154 and 155;
11. ¹⁹ Weapons Act of 20 June 1997²⁰: Article 33 paragraph 3;
12. ²¹ Medicinal Products Act of 15 December 2000²²: Article 86 paragraphs 2 and 3;
13. ²³ Gambling Act of 29 September 2017²⁴: Article 130 paragraph 2 for the offences under Article 130 paragraph 1 letter a;
14. ²⁵ Intelligence Service Act of 25 September 2015²⁶: Article 74 paragraph 4.
If the adjudication an offence subject to military jurisdiction is assigned to the jurisdiction of the civil courts, the surveillance of post and telecommunications may also be ordered in the investigation of the offences under Article 70 paragraph 2 of the Military Criminal Procedure Code of 23 March 1979²⁷.

Amended by Annex No 2 of the FA of 16 June 2023 on a Revision of the Law on Sex Offences, in force since 1 July 2024 (AS 2024 27;BBl 2018 2827; 2022 687,1011). ↩
SR 311.0 ↩
Amended by Annex No II 7 of the Criminal Justice Authorities Act of 19 March 2010, in force since 1 Jan. 2011 (AS 2010 3267;BBl 2008 8125). ↩
Title amended on 1 Jan. 2019 in application of Art. 12 para. 2 of the Publications Act of 18 June 2004 (SR 170.512 ). This change has been made throughout the text. ↩
SR 142.20 ↩
SR 211.221.31 ↩
Amended by No II of the FA of 16 March 2012, in force since 1 Feb. 2013 (AS 2013 295;BBl 2011 5905). ↩
SR 514.51 ↩
SR 732.1 ↩
Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468;BBl 2019 6697). ↩
SR 812.121 ↩
Amended by No II of the FA of 27 Sept. 2024, in force since 1 April 2025 (AS 2025 178;BBl 2023 239). ↩
SR 814.01 ↩
SR 946.202 ↩
Inserted by Art. 34 No 2 of the Sport Promotion Act of 17 June 2011 (AS 2012 3953;BBl 2009 8189). Amended by Annex No II 2 of the Gambling Act of 29 Sept. 2017, in force since 1 Jan. 2019 (AS 2018 5103;BBl 2015 8387). ↩
SR 415.0 ↩
Inserted by No II 4 of the FA of 28 Sept. 2012 (AS 2013 1103;BBl 2011 6873). Amended by Annex No 4 of the Financial Market Infrastructure Act of 19 June 2015, in force since 1 Jan. 2016 (AS 2015 5339;BBl 2014 7483). ↩
SR 958.1 ↩
Inserted by Annex No II 1 of the FA of 18 March 2016 on the Surveillance of Postal and Telecommunications Traffic, in force since 1 March 2018 (AS 2018 117;BBl 2013 2683). ↩
SR 514.54 ↩
Inserted by Annex No 1 of the FD of 29 Sept. 2017 (Medicrime Convention), in force since 1 Jan. 2019 (AS 2018 4771;BBl 2017 3135). ↩
SR 812.21 ↩
Inserted by Annex No II 2 of the Gambling Act of 29 Sept. 2017, in force since 1 Jan. 2019 (AS 2018 5103;BBl 2015 8387). ↩
SR 935.51 ↩
Inserted by Annex No II 3 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). ↩
SR 121 ↩
SR 322.1 ↩

Art. 269

Footnotes