The authorisation of the Presiding Colleges of the councils is required for the suspension of postal and telecommunications secrecy in terms of Article 321terof the Swiss Criminal Code1if:
it is intended to prosecute a criminal offence committed by an assembly member;
it is intended to order measures against an assembly member that permit the surveillance of a third party with which the assembly member has dealings by reason of his or her office.
Paragraph 1 also applies by analogy to those cases in which other inquiries or criminal investigation measures are required in respect of an assembly member for an initial clarification of the facts of the case or to secure evidence.
As soon as the measures authorised by Presiding Colleges of the councils have been carried out, authorisation for prosecution must be obtained from the competent committees of both councils in accordance with Article 17, unless proceedings have already been dropped.2
Any arrest made without this authorisation is unlawful.3