Commentaries: Art. 168

The investigation committee shall identify the persons whose interests are directly affected by the investigation and inform these persons without delay about the investigation. They shall be accorded the right conferred by Article 167 paragraph 1, to the extent that they are affected.
The investigation committee may restrict or revoke the rights of the person concerned to be present at hearings and to inspect files if this is required in the interests of the ongoing investigation or for the protection of third parties. In such cases, the committee shall inform the person concerned, either verbally or in writing, of the essential content of statements made or documents and give the person the opportunity to express his or her views thereon and to indicate further evidence.
Evidence that is not made known to a person concerned may not be used against that person.
The investigation committee may permit a person concerned, at their request, to be accompanied by a lawyer for the entire proceedings or at individual meetings, if this is required for the protection of the lawful interests of the person concerned. The lawyer may only request further evidence and ask additional questions.
Following the conclusion of the investigation and prior to the submission of the report to the councils, the persons against whom allegations have been made have the right to inspect the relevant sections of the draft report. They shall have the opportunity to express their views thereon within a reasonable period either verbally or in writing before the investigation committee.
Their verbal or written opinions must be summarised in the report.

Art. 168

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