Facts
The Public Prosecutor's Office of the Canton of Schaffhausen is conducting a criminal investigation against A. on suspicion of multiple sexual acts with children. The accused's family doctor had reported the suspicion of an offense to the Public Prosecutor's Office, as the accused had confessed to him about offenses against his granddaughter. After an incident, the accused underwent inpatient psychiatric treatment, the records of which the Public Prosecutor's Office later had edited and unsealed.
The accused filed a complaint against the decision to unseal the records by the cantonal court for coercive measures. The Federal Supreme Court partially upheld the complaint and referred the case back to the lower instance for reassessment.
Considerations
The Federal Supreme Court states that medical confidentiality under Article 321 of the Swiss Criminal Code (StGB) is an important legal institution of federal law, which serves to protect the special relationship of trust between doctor and patient. Exceptions to medical confidentiality require a clear regulation under federal law.
The exception from medical confidentiality provided for in the cantonal Health Act in case of suspicion of offenses against sexual integrity cannot undermine the federal legal provisions on the protection of professional secrets. A valid release from medical confidentiality by the competent authority…