According to Federal Supreme Court case law, identification data collection may also be permissible where it is not necessary to clarify the offences of which a person is accused in the pending criminal proceedings. For the coercive measure to be proportionate in such a case, there must be substantial and concrete indications that the accused person could be involved in other offences - including future ones - of a certain gravity. In an overall proportionality assessment, consideration must also be given to whether the accused has previous convictions; if this is not the case, it does not, however, preclude identification data collection, but is one of many criteria incorporated into the overall assessment and must be weighted accordingly (BGE 145 IV 263 E. 3.4 with references; see also BGE 147 I 372 E. 4.3.2).
ArchiveThis article is in the archive and no longer part of the current journal.
Report·Migration, Justiz, innere Sicherheit·Document finding
Federal Supreme Court upholds identification data collection in criminal proceedings
According to Federal Supreme Court case law, identification data collection may also be permissible where it is not necessary to clarify the offences of which a person is accused in the pending criminal proceedings.