An Arrest Affidavit is a critical document in the Swiss criminal justice system, required whenever a person is taken into custody by law enforcement authorities. This document must be prepared in accordance with the Swiss Criminal Procedure Code (StPO/CPP) and relevant cantonal laws, serving as the official record and justification of an arrest. The affidavit details the probable cause, circumstances of the arrest, and confirmation of procedural compliance, including proper notification of rights. It forms an essential part of the criminal case file and may be scrutinized by various judicial authorities, defense counsel, and potentially international authorities if the case involves cross-border elements. The document must be prepared with utmost accuracy and completeness, as it can significantly impact the validity of the arrest and subsequent legal proceedings.
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1. Identifying Information: Details of the arresting officer(s), including name, rank, department, and badge number
2. Subject Information: Complete identification of the arrested person, including full name, date of birth, nationality, and any identification documents
3. Date, Time, and Location: Precise details of when and where the arrest took place
4. Probable Cause Statement: Detailed description of the facts and circumstances that established probable cause for the arrest
5. Criminal Offense Details: Specific articles of the Swiss Criminal Code (StGB) that were allegedly violated
6. Arrest Circumstances: Detailed account of how the arrest was conducted and any relevant observations
7. Rights Notification: Confirmation that the subject was informed of their rights under Swiss law
8. Evidence Collection: Description of any evidence collected during or immediately after the arrest
9. Officer's Certification: Sworn statement confirming the truth of the affidavit contents
1. Witness Statements: Summaries of witness accounts, if witnesses were present and provided statements
2. Medical Examination: Details of any medical examination conducted, if the subject was injured or claimed injury
3. Interpreter Details: Information about interpreter services if used during the arrest
4. Property Inventory: List of personal property taken from the subject, if any
5. Special Circumstances: Any unusual circumstances or special considerations during the arrest
6. International Aspects: Additional information required when the arrest involves international elements or foreign nationals
1. Photograph Log: Images taken during the arrest, if any
2. Evidence Inventory: Detailed list of all evidence collected, with descriptions and reference numbers
3. Rights Notification Form: Copy of the signed rights notification in the appropriate language
4. Related Documents: Copies of warrants, court orders, or other relevant legal documents
5. Chain of Custody Log: Documentation tracking the handling of evidence from collection to storage
Relevant legal definitions
Arresting Officer
Subject
Probable Cause
Custody
Personal Effects
Evidence
Official Identification
Rights Notification
Criminal Code Reference
Detention Facility
Chain of Custody
Witness
Medical Examination
Supervising Officer
Judicial Authority
Force Measures
Identification Procedures
Booking Process
Miranda-equivalent Rights
Official Record
Subject
Probable Cause
Custody
Personal Effects
Evidence
Official Identification
Rights Notification
Criminal Code Reference
Detention Facility
Chain of Custody
Witness
Medical Examination
Supervising Officer
Judicial Authority
Force Measures
Identification Procedures
Booking Process
Miranda-equivalent Rights
Official Record
Clauses
Officer Identification
Subject Identification
Jurisdiction
Probable Cause
Criminal Offense
Rights Notification
Use of Force
Property Seizure
Evidence Collection
Witness Statements
Medical Examination
Language and Translation
Chain of Custody
Certification and Oath
Procedural Compliance
Time and Location
Personal Property
Special Circumstances
Constitutional Rights
Documentation Verification
Subject Identification
Jurisdiction
Probable Cause
Criminal Offense
Rights Notification
Use of Force
Property Seizure
Evidence Collection
Witness Statements
Medical Examination
Language and Translation
Chain of Custody
Certification and Oath
Procedural Compliance
Time and Location
Personal Property
Special Circumstances
Constitutional Rights
Documentation Verification
Relevant Industries
Law Enforcement
Legal Services
Public Safety
Criminal Justice
Government Administration
Security Services
Public Administration
Judicial Services
Immigration Services
Healthcare (for medical examinations)
Translation Services
Relevant Teams
Legal Affairs
Public Safety
Criminal Investigations
Judicial Administration
Compliance
Security Operations
Records Management
Law Enforcement Operations
Court Administration
Legal Documentation
Relevant Roles
Police Officer
Chief of Police
Public Prosecutor
Judge
Court Clerk
Legal Affairs Manager
Compliance Officer
Defense Attorney
Law Enforcement Administrator
Security Director
Legal Secretary
Criminal Investigation Officer
Judicial Assistant
Police Legal Advisor
Immigration Officer
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