HCCH | Details

Suíça - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Cantonal Central Authorities for chapter I
In Switzerland, the cantons are responsible for receiving and processing foreign applications under chapter I. In accordance with Article 35, Switzerland has designated the cantonal authorities as Central Authorities as referred to in Articles 2 and 24 of the Convention.

A list of the Central Cantonal Authorities including their address and phone/fax numbers can be consulted online at the following address: https://www.rhf.admin.ch/rhf/de/home/zivilrecht/behoerden/zentralbehoerden.html
To determine the Central Authority competent by reason of its location, the database of the Swiss localities and Courts can be consulted online at the following address: http://www.elorge.admin.ch/.

Requests for taking of evidence under chapter I may also be addressed to the Federal Office of Justice in Berne (Federal Central Authority, Legal Assistance Division, Bundesrain 20, CH-3003 Berne, Suisse), which will forward them to the appropriate cantonal Central Authority. It is always better to send requests directly to the cantons, as going through the Federal Office of Justice only leads to delays.

Central Authority for chapter II
The Federal Office of Justice (Private International Law Unit) is responsible only for receiving and processing foreign applications under chapter II. The address can be found at https://www.rhf.admin.ch/rhf/fr/home/zivilrecht/behoerden.html

Practical Information
Blocking statutes:	Switzerland does not have any “blocking statutes” as such. However, certain laws contain provisions limiting participation in legal assistance proceedings for the purpose of obtaining evidence in Switzerland, namely: Protection of Swiss sovereignty: the Swiss Criminal Code (SCC, Swiss Criminal Code, unofficial English translation) contains the following provisions regarding the protection of Swiss and foreign territorial sovereignty: Art. 271 (Unlawful activities on behalf of a foreign state), Art. 273 (Industrial espionnage), and Art. 299 (Violation of Foreign Territorial Sovereignty). Bank secrecy: The Banking Act (BA, RS 952.0) establishes the obligation of bank secrecy in Art. 47 BA. However, this secrecy is not absolute and may be waived under certain circumstances, particularly if a private party has a legitimate interest (e.g. in divorce proceedings or succcessions) or in cases of fraud or other criminal offenses. Paragraph 5 reserves the provisions of federal and cantonal legislation regarding the obligation to provide information to authorities and to testify in court. A request may therefore have different outcomes, depending on where it is executed. Provisions of the Swiss Code of Civil Procedure (CPC) regarding the right to refuse to testify: Art. 156 Safeguarding legitimate interests: The court shall take appropriate measures to ensure that taking evidence does not infringe the legitimate interests of any parties or third party, such as business secrets. Art. 160 Duty to cooperate in the taking of evidence: Parties and third parties have a duty to cooperate in the taking of evidence. In particular, they have the duty to make a truthful deposition as a party or a witness; to produce physical records; to allow an examination of their person or property by an expert. Art. 163 Right of the parties to refuse to testify: A party may refuse to cooperate if the taking of evidence would expose a close associate to criminal prosecution or civil liability; the disclosure of a secret would be an offence the Swiss Criminal Code (SCC). Other confidants entrusted with legally protected secrets may refuse to cooperate if they credibly demonstrate that the interest in keeping the secret outweighs the interest in finding the truth. Art. 165, Art. 166 Absolute or limited right of third parties to refuse to testify In certain proceedings, the rights to refuse to testify do not apply, particularly in family law cases involving children: Art. 296 CPC Professional secrecy: Swiss Criminal Code Art. 321, provides, however, that federal or cantonal provisions establishing an obligation to provide information to an authority or to testify in court remain reserved. Protection of sources: Swiss Criminal Code Art. 28a.
Chapter I (Letters of Requests)
Transmission of Letters of Requests:	In most cantons, Letters of Request are sent directly from a judicial authority in that canton to the Central Authority of the requested State. In other cantons, Letters of Request are first sent to the cantonal Central Authority before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):	In most cantons, the judicial authority competent to execute the request, via the central authority. In other cantons, the Central Authority.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8):	Yes, prior authorisation required (see declaration of applicability and competent authority).
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):	No declaration of applicability.
Translation requirements (Arts 4(2) and 33):	Accepts Letters of Request written in or translated into the language of the requested authority, i.e. in German, French or Italian, depending on the region of Switzerland in which they are to be executed (see reservation).
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):	Such scenarios would only arise in exceptional cases (e.g. doctor's fees for saliva tests).
Time for execution:	Up to four months (est.).
Art 23 pre-trial discovery of documents:	Letter of Request may be executed subject to certain conditions (qualified exclusion).
Information about domestic rules on the taking of evidence:	See Lignes directrices – Entraide judiciaire internationale en matière civile – Office fédéral de la justice (Guidelines in Civil Matters) (available in French, German, Italian and English). Code de procédure civile (CPC) (Swiss Civil Procedure Code, non-official English translation)
Witness examination under Chapter I
Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?	Most cantons require questions to be drafted with sufficient certainty and clarity (otherwise, the request is returned for redrafting). If the fact scenario is clear, questions do not need to be drafted in great detail. Experience shows that a list of detailed questions will speed up proceedings.
Is it a public or private hearing?	Practice varies from canton to canton. The Swiss Civil Procedure Code requires hearings to be public, with the exception of family law proceedings. The judge may order all or part of the proceedings to be held behind closed doors when required by public interest or by the legitimate interests of a person involved. (art. 54 CPC). Each witness is examined in the absence of other witnesses; confrontation is reserved (art. 171 CPC). The parties have the right to participate in the taking of evidence (art. 155 CPC). Code de procédure civile (CPC) (Swiss Civil Procedure Code, non-official English translation)
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?	Yes (in most cantons). No (in other cantons).
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?	Practice varies from canton to canton; generally: No.
Are documents produced by the witness authenticated by the court?	No (in most cantons). Yes (in other cantons).
Is an oath generally administered to the witness?	The Swiss Code of Civil Procedure (CPC) does not require witnesses to take an oath. However, the CPC does specify that certain reminders must be given to witnesses and parties before evidence is taken. Art. 171 Form of the Hearing: A witness shall be cautioned as to the requirement to tell the truth before being examined; if at least 14 years of age, the witness shall also be advised of the criminal consequences of perjury (Art. 307 SCC). Art. 191 Examination of the Parties: 2 Before the examination, the parties shall be cautioned that they must tell the truth and advised that if they wilfully fail to do so, they may be liable to a disciplinary fine not exceeding 2,000 francs or, in the event of repeated failure, not exceeding 5,000 francs. Art. 192 Testimony of the parties: 1 The court may ex officio order one or both parties to give evidence subject to criminal penalties for failure to do so. 2 Before giving evidence, the parties shall be cautioned that they must tell the truth and advised of the criminal consequences of perjury (Art. 306 SCC).
Can the witness be made subject to further examination and recall?	Yes. In most cantons, the first Request may be re-invoked. In other cantons, a second Request necessary.
Are there sanctions for non-appearance of witness?	Art. 167 CPC- Unjustified refusal of a third party: If a third party refuses to cooperate without justification, the court may: a. impose a disciplinary fine up to 1,000 francs; b. threaten sanctions under Article 292 SCC (Fine for non-compliance with an official order); c. order the use of compulsory measures; d. charge the third party the costs caused by the refusal. Art. 164 CPC – Unjustified refusal of a party: If a party refuses to cooperate without valid reasons, the court shall take this into account when appraising the evidence.
Must interpreters who assist with the witness examination be court-certified?	Practice varies from canton to canton.
How is the testimony transcribed?	Practice varies from canton to canton. Art. 176 CPC Transcript … 1 The essential details of the statement shall be placed on record, which is then read out or given to the witness to read and thereafter signed by the witness. Additional questions requested by the parties that have been rejected are also recorded if a party so requests. 2 In addition, the statement may be recorded on tape, by video or by other appropriate technical aids. 3 If statements are recorded during a hearing using technical aids in accordance with 2, the court or the examining member of the court may dispense with reading the transcript back to the person examined and or giving that person the transcript to read and sign. The recordings are placed in the case files together with the transcript.
Chapter II (Taking of evidence by diplomatic officers, consular agents and commissioners)
Article 15	Applicable, subject to prior authorisation by the Federal Office of Justice. A copy of the request for authorization must be addressed to the Central Authority in the canton where the evidence is to be taken.
Article 16	Applicable, subject to prior authorisation by the Federal Office of Justice. A copy of the request for authorization must be addressed to the Central Authority in the canton where the evidence is to be taken.
Article 17	Applicable, subject to prior authorisation by the Federal Office of Justice. A copy of the request for authorization must be addressed to the Central Authority in the canton where the evidence is to be taken. No authorization is required for the taking of evidence by video; it is sufficient to notify the Federal Office of Justice. See the information below regarding the taking of evidence by video.
Article 18	No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).
Taking of evidence by video-links (under either chapter)
Chapter I
Are there legal obstacles to the use of video links?	No. It is advisable to contact the relevant cantonal authority or court in advance to assess whether obtaining video evidence under Chapter I CLaH70 is possible. Contact details can be found at http://www.elorge.admin.ch/. For example, the following questions may arise: allocation of costs and the availability of equipment (between the requested authorities, requesting authorities, and parties); identification of the persons giving and taking the evidence; technology issues (system compatibility, IT security).
Technology used:	No information available.
Level of interpretation required:	No information available.
Simultaneous or in sequence interpretation:	No information available.
Interpretation required in which jurisdiction?	No information available.
Who pays for the interpretation?	No information available.
How would a request for evidence be handled if witness not willing?	Several theoretical responses are possible. The application by analogy of coercive measures available in respect of witnesses who refuse to testify or comply with court orders could be envisaged. For their part, some cantonal Central Authorities would abandon the use of video-link. On the other hand, one Central Authority has indicated that, in cases where the participation of the parties and foreign judicial personnel was based on arts 7 and 8 respectively of the Convention, the witness was not entitled to refuse the video-link. Potential issues could arise in terms of the legality of video recording.
Chapter II
Are there legal obstacles to the use of video links?	For the taking of evidence by video under Chapter II, no authorization is required; an information sent to the Federal Office of Justice is sufficient. A copy of the information must be sent to the Central Authority in the canton where the evidence is to be taken.
Technology used:	No information available.
Level of interpretation required:	No information available.
Simultaneous or in sequence interpretation:	No information available.
Interpretation required in which jurisdiction?	No information available.
Who pays for the interpretation?	No information available.
Bilateral or multilateral agreements	Bilateral conventions on judicial co-operation: Austria, Belgium, Czech Republic, Estonia, France, Germany, Greece, Hungary, Italy, Luxemburg, Pakistan, Slovakia, Turkey.
Useful links:	Swiss declaration and the International legal assistance guidelines (available in French, German, Italian and English)

This page was last updated on: 22 de Junho de 2026

Convenções (incl. Protocolos e Princípios)

Convenção sobre a Obtenção de Provas no Estrangeiro em Matéria Civil ou Comercial [20]