Facts

Parties involved:

  • Federal Prosecutor's Office (plaintiff)
  • Lauener, Walder and Ringier AG (defendants)

Courts and dates:

  • Court of first instance: Coercive Measures Court of the Canton of Bern
  • Date of the decision: May 31, 2024
  • Date of the SCC decision: January 31, 2025

Main facts:

  • On November 13, 2020, the management committees of the National Council and the Council of States filed a criminal complaint against X for violating official secrecy regarding a confidential project report on the Crypto AG affair.
  • On September 21, 2021, the BIT handed over a complete export of Peter Lauener's professional email box.
  • On February 22, 2022, Swisscom handed over a complete export of Peter Lauener's private email box.
  • On May 17, 2022, searches were carried out at Peter Lauener's home and at the headquarters of Ringier AG, where various electronic devices were seized.
  • On May 31, 2024, the Coercive Measures Court of the Canton of Bern rejected the Federal Prosecutor's Office's request to unseal the data.
  • The Federal Prosecutor's Office appealed this decision to the SCC.

Main issue:

  • The protection of journalistic source secrecy in the context of an investigation into violation of official secrecy.

Considerations

The SCC reviewed the decision of the Coercive Measures Court of the Canton of Bern regarding the request to unseal data seized in the context of an investigation into violation of official secrecy. The SCC confirmed the decision of the court of first instance, emphasizing the importance of protecting journalistic source secrecy.

The SCC recalled that the protection of journalistic source secrecy is guaranteed by Art. 172 of the Swiss Code of Criminal Procedure (CrimPC) and by Art. 17 para. 3 of the Federal Constitution. This protection is essential to ensure the free flow of information in a democratic society. The SCC emphasized that source protection applies without restriction in proceedings under Art. 320 of the Swiss Criminal Code (SCC), except in…