Facts
The Public Prosecutor's Office of the Canton of Solothurn is conducting a criminal proceeding against [B.] and [A.] on suspicion of intentional homicide of their common son and causing serious and simple bodily harm to their two children. To clarify these acts, the Public Prosecutor's Office ordered the deployment of a total of six undercover agents, which was approved by the competent detention court.
[B.] filed a complaint against the use of the undercover agents. The High Court of the Canton of Solothurn upheld the complaint and declared the use of the undercover agents to be unlawful. The Public Prosecutor's Office is now appealing this decision in criminal matters.
Considerations
The Federal Supreme Court overturns the judgment of the High Court and finds that the use of the undercover agents was lawful. The requirements pursuant to Art. 286 CCP for ordering an undercover investigation were met, as there was a suspicion of the commission of a serious criminal offense and the previous investigations had been unsuccessful.
Although the accused [B.] has made use of his right to refuse to testify, the undercover investigation must not lead to a circumvention of this right. The undercover…