Judgment in summary proceedings requires confirmation of the confession by the accused person

Facts

The facts concern a judgment in summary proceedings against X. for multiple qualified violations of the Narcotics Act. The District Court of Zurich found X. guilty in the summary proceedings and sentenced him to four years' imprisonment. X. appealed against this judgment.

X. argued that he had invoked his right to refuse to testify at the first-instance main hearing and therefore there was no valid consent to the indictment. The lower court argued that the refusal to testify should be considered as part of the accused's testimony behavior and the court could conclude that the statement, together with the files, presented a coherent picture.

Considerations

The Federal Supreme Court decided that a judgment in summary proceedings requires that the accused person confirms their confession at the main hearing at first instance. The questioning of the accused person at the main hearing is an essential part of the legally provided safeguards in the summary proceedings.

If the accused person invokes their right to refuse to testify at the main hearing, the court cannot fulfill its examination duties. In such a case, the court can only determine that the requirements for a judgment in summary proceedings…