Facts
On August 9, 2015, a fatal traffic accident occurred in which [A.] was seriously injured. On August 10, 2015, [A.] was interrogated by the police, during which he stated that he had intentionally collided with the vehicle of the deceased. The Public Prosecutor's Office then initiated criminal proceedings against [A.] for homicide and violation of traffic regulations. [A.] requested that the interrogation of August 10, 2015, be declared absolutely inadmissible and removed from the records, as he was not fit to stand trial at the time of the interrogation. The Cantonal Court dismissed the request, whereupon [A.] filed a complaint with the Federal Supreme Court.Considerations
The Federal Supreme Court states that a decision on the admissibility of evidence does not generally represent an irreparable disadvantage, as the complainant can raise the objection of inadmissibility at the beginning of the main hearing before the trial court. An exception could only apply if the law expressly provides for the immediate return or destruction of unlawful evidence or if the unlawfulness of the evidence is immediately apparent from the law or the circumstances of the individual case. In the present case, the law does not provide for immediate return or destruction. Nor is the unlawfulness of the interrogation immediately…