Covid and home
Covid and home
The home owned by the inhabitant belongs to him, so he alone decides who may or may not enter it. Tenants are not the owners of their homes but, under the terms of a tenancy agreement, the landlord transfers the right of use to them. In both these cases, the resident is therefore the rightful owner of his or her home.In this context, article 186 of the Swiss Criminal Code states that any person who, unlawfully and against the will of the entitled party, enters a house, dwelling, courtyard or enclosed garden adjoining a house, or remains there in defiance of an order to leave issued by an entitled party, will be punished on complaint by a custodial sentence of up to three years or a fine. As with any principle, there are exceptions: in certain circumstances, the police may carry out searches and enter private property without the consent of the person entitled to it. In such cases, the police must submit a written warrant, in accordance with articles 241 et seq. of the Code of Criminal Procedure, specifying which premises are to be searched and what is to be searched.Only if the police suspect that a wanted person is present on the premises, that there are items there that could be confiscated or that offences are being committed, may they enter the building or its outbuildings without the consent of the rightful owner and without a search warrant. However, it must state the reason for entering and what it suspects it will find inside.
