Professional Documents
Culture Documents
Swiss CPC 2007 Am2016 en
Swiss CPC 2007 Am2016 en
0
English is not an official language of the Swiss Confederation. This translation is
provided for information purposes only and has no legal force.
AS 2010 1881
1 SR 101
2 BBl 2006 1085
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Art. 4 Independence
1The criminal justice authorities are independent in applying the law and bound
solely by the law.
2 Statutory powers to issue directives to the prosecution authorities under Article 14
are reserved.
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3 SR 311.0
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2The foregoing paragraph does not apply to proceedings that have been waived or
abandoned and to the review of a case.
Art. 13 Courts
The following bodies have judicial powers in criminal proceedings:
a. the compulsory measures court;
b. the court of first instance;
c. the objections authority;
d. the court of appeal.
Art. 15 Police
1 The activities of the federal, cantonal and communal police in prosecution matters
are governed by this Code.
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2The police investigate offences on their own initiative, in response to reports from
members of the public and from authorities, and on the instructions of the public
prosecutor; in doing so, they are subject to the supervision and the directives of the
public prosecutor.
3 Where criminal proceedings are pending before a court, the court may issue the
police with instructions and assignments.
Section 3 Courts
4 SR 311.0
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5 SR 311.0
6 Amended by Annex No II 7 of the Criminal Justice Authorities Act of 19 March 2010, in
force since 1 Jan. 2011 (AS 2010 3267; BBl 2008 8125).
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Federal Courts, members the Federal Assembly, the Federal Attorney Gen-
eral or the Deputy Attorneys General;
b. the offences in Articles 137–141, 144, 160 and 172ter insofar as they relate to
premises, archives or documents of diplomatic missions and consulates;
c. the taking of hostages in terms of Article 185 in order to exert duress on fed-
eral or foreign authorities;
d. felonies and misdemeanours under Article 224–226ter;
e. the felonies and misdemeanours in Title Ten relating to coinage, paper mon-
ey and banknotes, official stamps and other federal marks, weights and
measures;
f. the felonies and misdemeanours in Title Eleven insofar as they relate to offi-
cial federal documents, with the exception of driving licences and receipts
for postal money transfers;
g.7 the offences in Title Twelvebis and Twelveter as well as Article 264k;
h. the offences in Article 260bis and in Titles Thirteen to Fifteen and in Title
Seventeen, provided they are directed against the Confederation, the authori-
ties of the Confederation, the will of the People in federal elections, popular
votes, requests for a referendum or initiatives, against federal powers or
against the administration of federal justice;
i. the felonies and misdemeanours in Title Sixteen;
j. the offences in Titles Eighteen and Nineteen insofar as they are committed
by a member of an authority or an employee of the Confederation or against
the Confederation;
k. the contraventions in Articles 329–331;
l. political felonies and misdemeanours that are the cause or consequence of
unrest that gives rise to armed federal intervention.
2The regulations contained in special federal acts on the jurisdiction of the Federal
Criminal Court are reserved.
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2In the case of felonies under Titles Two and Eleven of the SCC, the Office of the
Attorney General of Switzerland may open an investigation if:
a. the requirements of paragraph 1 are fulfilled; and
b. no cantonal criminal justice authority is dealing with the case or if the com-
petent cantonal criminal justice authority requests the Office of the Attorney
General of Switzerland to take over the case.
3 The opening of an investigation in accordance with paragraph 2 establishes federal
jurisdiction.
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Art. 28 Conflicts
In the event of conflicts between the Office of the Attorney General of Switzerland
and cantonal criminal justice authorities, the Federal Criminal Court shall decide.
Art. 30 Exceptions
The public prosecutor and the courts may separate or combine criminal proceedings
for practical reasons.
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10 SR 311.0
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Art. 45 Support
1 The cantons shall, to the extent that it is required and possible, provide the criminal
justice authorities of the Confederation and other cantons with rooms in which to
carry out their official duties and for the accommodation of persons detained pend-
ing the main hearing.
2 At the request of the federal criminal justice authorities, the cantons shall take the
measures required to guarantee the security of the official duties of these authorities.
11 The correction by the Federal Assembly Drafting Committee dated 10 Nov. 2014, pub-
lished on 25 Nov. 2014 relates only to the French text (AS 2014 4071).
12 Details of the competent local Swiss justice authority for mutual assistance requests may
be obtained from the following website: www.elorge.admin.ch
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tor of the requested Canton or of the Confederation. This service shall pass the
request on to the relevant office.
Art. 47 Costs
1 Mutual assistance is provided free of charge.
2The Confederation shall reimburse the cantons the costs of support as defined in
Article 45 that it has caused them to incur.
3 Notice shall be given to the requesting canton or the Confederation of any costs
that have arisen in order that they may be charged to the parties liable to pay costs.
4The requesting canton or the Confederation shall bear any obligations to pay
damages arising from mutual assistance measures.
Art. 48 Disputes
1The objections authority in the relevant canton shall make a final decision on any
dispute over mutual assistance between authorities of the same canton.
2The Federal Criminal Court decides on conflicts between federal and cantonal
authorities as well as between authorities of different cantons.
Section 2
Procedural Acts at the Request of the Confederation or of
another Canton
Art. 49 Principles
1 The federal and cantonal public prosecutors and courts may request the criminal
justice authorities of other cantons or of the Confederation to carry out procedural
acts. The requested authority shall not examine whether the requested procedural
acts are admissible or equitable.
2 The authorities of the requesting Canton or of the Confederation have jurisdiction
to hear appeals against mutual assistance measures. Only the implementation of the
mutual assistance measures may be contested before the authorities of the requested
Canton or of the Confederation.
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Art. 52 Principles
1Federal and cantonal public prosecutors, authorities responsible for prosecuting
contraventions and courts are entitled to order and carry out any of the procedural
acts specified in this Code directly in another canton.
2 Prior notice shall be given to the public prosecutor of the canton in which the
procedural act is to be carried out. In cases of urgency, subsequent notice is possible.
No notice is required for obtaining information and for requesting the handover of
files.
3 The costs of the procedural acts and any related obligations to pay damages shall
be borne by the Confederation or the canton carrying out the act; it may charge the
costs to the parties in accordance with Articles 426 and 427.
Art. 55 Jurisdiction
1Where a canton is involved in a case of international mutual assistance, the public
prosecutor has jurisdiction.
2During the main hearing, the courts may themselves submit requests for mutual
assistance.
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3The powers of the authorities responsible for the execution of sentences and
measures are reserved.
4Where federal law assigns mutual assistance duties to a judicial authority, the
objections authority has jurisdiction.
5Where a canton dealing with a request for mutual assistance from abroad carries
out procedural acts in other cantons, the provisions on domestic mutual assistance
apply.
6 The cantons shall regulate any additional procedures.
Chapter 6 Recusal
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Art. 59 Decision
1If grounds for recusal in terms of Article 56 letter a or f are claimed or if a person
acting for a criminal justice authority opposes a party application for recusal based
on Article 56 letters b–e, the following authorities shall issue a final decision with-
out taking additional evidence:
a. the public prosecutor if matter relates to the police;
b. the objections authority if the matter relates to the public prosecutor, the au-
thorities responsible for prosecuting contraventions or the courts of first in-
stance;
c. the court of appeal if the matter relates to the objections authority or individ-
ual members of the court of appeal;
d. the Federal Criminal Court if the matter relates to the entire court of appeal.
2 The decision shall be issued in writing and with a statement of reasons.
3Until the decision is issued, the person concerned shall continue to exercise his
office.
4 If the application is approved, the procedural costs are borne by the Confederation
or the canton. If it is rejected or was clearly submitted too late or vexatious, the costs
are borne by the applicant.
Art. 61 Jurisdiction
The persons responsible for directing the proceedings are:
a. until proceedings are abandoned or charges are brought: the public prosecu-
tor;
b. in contravention proceedings: the authority responsible for prosecuting con-
traventions;
13 Revised by the Federal Assembly Drafting Committee (Art. 58 para. 1 ParlA; SR 171.10).
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c. in court proceedings before two or more judges: the president of the court
concerned;
d. in court proceedings before one judge sitting alone: the judge.
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Art. 69 Principles
1 Proceedings before the court of first instance and the court of appeal, together with
the oral passing of judgments and decrees of these courts shall, with the exception of
the judges' deliberations, be conducted in public.
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2 If the parties to such cases have waived their right to the public passing of judg-
ment, or if a summary penalty order is issued, interested persons may inspect the
judgments and summary penalty orders.
3 The following proceedings are not conducted in public:
a. preliminary proceedings, with the exception of public announcements made
by the criminal justice authorities;
b. proceedings before the compulsory measures court;
c. proceedings before the objections authority and, in cases where they are
conducted in writing, before the court of appeal;
d. summary penalty order proceedings.
4Public hearings are open to all members of the public; however, persons under
16 years of age shall only be admitted with the permission of the director of pro-
ceedings.
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Section 3
Confidentiality, Information to the Public, Communications to
Authorities
14 SR 311.0
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2 The criminal justice authorities shall inform the social services and guardianship
authorities15 of any criminal proceedings that have been initiated and of any deci-
sions in criminal proceedings if this is required for the protection of an accused or a
person suffering harm or his or her next-of-kin.
3 If they establish in the prosecution of offences in which minors16 are involved that
further measures are required, they shall inform the guardianship authorities17 im-
mediately.
3bis The director of proceedings shall notify the Armed Forces Joint Staff of pending
criminal proceedings against members of the armed forces or potential conscripts if
there are serious indications or other evidence that the person concerned could use a
firearm to harm themselves or other persons.18
4The Confederation and the cantons may require or authorise the criminal justice
authorities to make further communications to authorities.
Section 4 Records
15 Since the commencement of the Federal Act of 19 Dec. 2008 (Adult Protection, Law on
Persons and Children; AS 2011 725) on 1 Jan. 2013: Child Protection Authorities.
16 Footnote not relevant to English version.
17 Since the commencement of the Federal Act of 19 Dec. 2008 (Adult Protection, Law on
Persons and Children; AS 2011 725) on 1 Jan. 2013: Child Protection Authorities.
18 Inserted by No I 2 of the Federal Act of 25 Sept. 2015 on Improvements in the Exchange
of Information between Authorities in relation to Weapons, in force since 1 July 2016
(AS 2016 1831; BBl 2014 303).
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Art. 79 Corrections
1 Obvious errors shall be corrected by the director of proceedings and the clerk of
court; the director of proceedings shall thereafter notify the parties of the correc-
tions.
2 The director of proceedings shall decide on requests to have the records corrected.
3Corrections, alterations, deletions and additions shall be certified by the clerk of
court and the director of proceedings. Any alterations to the content shall be made in
such a manner that the original record remains recognisable.
Section 5 Decisions
Art. 80 Form
1 Decisions that determine substantive criminal or civil issues are issued in the form
of a judgment. Other decisions, if made by a judicial authority comprising two or
more members, are issued in the form of a decree, or if they are made by a single
person, in the form of a ruling. The provisions on summary penalty order procedures
are reserved.
2 Decisions are issued in writing and contain a statement of the grounds. They are
signed by the director of proceedings and the clerk of court and are served on the
parties.
3 Simple procedural decrees and rulings do not require to be issued in any specific
form or to contain a statement of grounds; they are noted in the case records and
notified to the parties in a suitable manner.
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a. in the case of judgments: an appraisal of the factual and legal issues relating
to the conduct incriminating the accused, and an explanation of why any
sanctions, incidental legal orders and costs or damages were imposed;
b. in the case of other decisions concluding proceedings: the reasons for con-
cluding the proceedings.
4 The conclusions contain:
a. details of the statutory provisions;
b. in the case of judgments: the verdict and decisions on related sanctions, costs
and damages and any civil claims;
c. in the case of other decisions concluding proceedings: the order concluding
the proceedings;
d. the subsequent decisions of the court;
e. the decision on the incidental legal orders;
f. the details of the persons and authorities who are to receive a copy of the de-
cision or of the conclusions.
21 SR 311.0
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decision shall explain or correct the decision on the application of a party or on its
own initiative.
2 The application must be submitted in writing, indicating the matters that are con-
tested or the amendment that are requested.
3The criminal justice authority shall allow the other parties the opportunity to com-
ment on the application.
4Notice of the explanation for or corrections to the decision shall be given to the
parties.
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enforcement authority has instructed that delivery be made to the addressee in per-
son.
4 It is also deemed to be effected:
a. in the case of a delivery by registered mail that is not collected: on the sev-
enth day following the unsuccessful attempt at service, provided the person
is expecting the delivery;
b. in the case of personal service, if the addressee refuses to accept service and
this is recorded by the messenger: on the day of refusal.
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Art. 93 Default
A party is in default if he or she fails to carry out a procedural act in time or fails to
appear for a hearing.
23 SR 120
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b. the regulations of the Federal Act of 13 June 200824 on the Federal Police
Information Systems;
c. the regulations of the Federal Act of 7 October 199425 on the Central Offices
of the Federal Criminal Police.26
24 SR 361
25 SR 360
26 Amended by Annex 2 No I 1 let. a of the Federal Act of 13 June 2008 on the Federal
Police Information Systems, in force since 1 Jan. 2011 (AS 2008 4989; BBl 2006 5061).
27 SR 360
28 SR 361
29 Amended by Annex 2 No I 1 let. a of the Federal Act of 13 June 2008 on the Federal
Police Information Systems, in force since 1 Jan. 2011 (AS 2008 4989; BBl 2006 5061).
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2In the event of temporary unfitness to plead, procedural acts that cannot be delayed
shall be carried out in the presence of the defence.
3 If the accused remains unfit to plead, the criminal proceedings shall be suspended
or abandoned. The special provisions on proceedings against an accused who is not
legally responsible due to a mental disorder are reserved.
Art. 115
1 A person suffering harm is a person whose rights have been directly violated by
the offence.
2A person entitled to file a criminal complaint is deemed in every case to be a
person suffering harm.
Section 2 Victims
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30 SR 311.0
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2 Any person who by law acquires the rights as a claimant of a person suffering
harm does so only in respect of the civil claim and has only those procedural rights
that relate directly to the assertion of the civil claim.
Art. 125 Security for the claims against the private claimant
1 A private claimant, with the exception of the victim, must on application by the
accused lodge security in respect of the accused's probable costs arising from the
civil claim if:
a. he or she is not domiciled or has no registered office in Switzerland;
b. he or she appears to be insolvent, in particular if bankruptcy proceedings
have been opened or composition proceedings are ongoing or if certificates
of loss have been issued;
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c. for other reasons, there is reason to fear that the accused's claim could be se-
riously jeopardised or frustrated.
2The director of proceedings for the court shall issue a final judgment on the appli-
cation. He or she shall determine the amount of security and fix a time limit for its
payment.
3The security may be paid in cash or take the form of a guarantee from a bank
permanently established in Switzerland.
4 It may be retrospectively increased, reduced or revoked.
Art. 127
1 The accused, the private claimant and the other persons involved in the proceed-
ings may appoint a legal agent to safeguard their interests.
2 The parties may appoint two or more persons as legal agent provided this does not
unreasonably delay the proceedings. In such a case, they must designate one agent as
the principal agent, who is authorised to carry out acts of representation before the
criminal justice authorities and whose domicile is deemed to be the sole address for
service.
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3The legal agent may act for two or more persons involved in the proceedings,
subject to the restrictions laid down by law and in their professional code of practice.
4 The parties may appoint any person who has the capacity to act, is of unblemished
reputation and is trustworthy; the restrictions of the law governing the legal profes-
sion are reserved.
5 The defence of the accused is reserved to lawyers who are authorised under the
Lawyers Act of 23 June 200031 to represent parties in court; the foregoing is subject
to derogating cantonal provisions on the defence in proceedings relating to contra-
ventions.
31 SR 935.61
32 Amended by Annex No 5 of the Federal Act of 20 March 2015 (Implementation of Art.
121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of cer-
tain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
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Title 4 Evidence
Chapter 1 General Provisions
Section 1 Taking Evidence and Admissibility of Evidence
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5 Records relating to inadmissible evidence shall be removed from the case docu-
ments, held in safekeeping until a final judgment has concluded the proceedings, and
then destroyed.
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Art. 160 Examination hearing with an accused who has admitted the offence
If the accused has admitted committing the offence, the public prosecutor and court
shall assess the credibility of the admission and request the accused to provide more
precise details of the circumstances of the offence.
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Chapter 3 Witnesses
Section 1 General Provisions
33 SR 311.0
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2 The right to interview the person suffering harm as a person providing information
in accordance with Article 178 is reserved.
34 Since commencement of the Federal Act of 19 Dec. 2008 (Adult Protection, Law of
Persons and Children; AS 2011 725) am 1. Jan. 2013: as guardian or deputy.
35 Art. 4–11 of the Ordinance of 19 Oct. 1977 on the Placement of Children in Foster Care
and for Adoption (SR 211.222.338).
36 Amended by No III of the Federal Act of 30 Sept. 2011, in force since 1 July 2012
(AS 2012 2575; BBl 2010 5651 5677).
37 SR 311.0
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Art. 169 Right to refuse to testify for personal protection or to protect closely
related persons
1 A person may the refuse to testify if he or she would incriminate him or herself by
testifying such that he or she:
a. could be found guilty of an offence;
b. could be held liable under the civil law and the interest in protection out-
weighs the interest in prosecution.
2The right to refuse to testify also applies if the person by testifying would incrimi-
nate a closely related person as defined in Article 168 paragraphs 1–3; Article 168
paragraph 4 remains reserved.
3 A person may refuse to testify if by testifying he or she or a closely related person
as defined in Article 168 paragraphs 1–3 would be exposed to a considerable risk to
life and limb or other serious detriment that cannot be prevented by taking protective
measures.
4 A victim of a sexual offence may in every case refuse to answer questions that
relate to his or her private domain.
38 SR 311.0
39 Amended by Art. 48 No 2 of the Psychology Professions Act of 18 March 2011, in force
since 1 April 2013 (AS 2012 1929, 2013 915 975; BBl 2009 6897).
40 SR 311.0
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41 SR 935.61
42 SR 311.0
43 Amended by Annex No 2 of the Federal Decree of 27 Sept. 2013 (Lanzarote Convention),
in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571).
44 AS 2011 4487
45 SR 812.121
46 SR 311.0
47 SR 210. This Art. has now been repealed.
48 SR 857.5
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Art. 177
1 The authority conducting the examination hearing shall caution the witness at the
beginning of each hearing with regard to the obligations to testify and to tell the
truth and advise the witness of the penalties for perjury in terms of Article 307
SCC54. If no caution is given, the examination hearing is invalid.
2 The authority conducting the examination hearing shall question each witness at
the beginning of the first hearing as to his or her relationship with the parties and as
to other circumstances that may be relevant to the witness's credibility.
3 It shall caution the witness as to the rights to refuse to testify as soon as it becomes
apparent through questioning or the files that such rights apply. If no caution is
given and the witness subsequently exercises the right to refuse to testify, the exam-
ination hearing is inadmissible.
54 SR 311.0
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b. if applicable, notice that the expert witness may instruct others to assist in
preparing the report subject to his or her supervision;
c. the precisely formulated questions;
d. the deadline for completing the report;
e. reference to the duty of confidentiality that applies to the expert witness and
any assistants;
f. a reference to the penalties for perjury by an expert witness in terms of Arti-
cle 307 SCC55.
3 The director of proceedings shall give the parties prior opportunity to comment on
the expert witness and on the questions and to submit their own applications. The
director of proceedings may dispense with this requirement in relation to laboratory
tests, in particular where they relate to determining the blood-alcohol concentration
or the level of purity of substances, proof of the presence of narcotics in the blood or
the preparation of a DNA profile.
4Together with the instructions, they shall provide the expert witness with the
documents and items required to prepare the report.
5 They may revoke their instructions at any time and appoint new expert witnesses if
this is in the interests of the criminal case.
6 They may request an estimate of the costs before issuing the instructions.
7If a private claimant requests an expert report, the director of proceedings may
make instructing an expert witness dependent on the private claimant making an
advance payment to cover costs.
55 SR 311.0
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3Conflicts between authorities of the same canton shall be decided by the objections
authority of the canton concerned, and conflicts between authorities of different
cantons or between cantonal and federal authorities shall be decided by the Federal
Criminal Court.
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2The Confederation and the cantons may restrict the powers of the police to order or
carry out compulsory measures to police officers of a specific rank or function.
Chapter 2
Summonses, Enforced Appearances and Tracing of Wanted Persons or
Property
Section 1 Summonses
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Section 3 Arrest
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a. they have caught the person in the act of committing a felony or misde-
meanour or they have encountered him or her immediately after committing
such an offence; or
b. the public have been requested to assist in tracing of the person concerned.
2When making an arrest, private individuals may only use force in accordance with
Article 200.
3 Arrested persons must be handed over to the police as quickly as possible.
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Section 5 Remand
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2 If the suspicions and the grounds for remand are confirmed, the public prosecutor
shall immediately apply to the compulsory measures court, but at the latest within
48 hours of the arrest, for the accused to be remanded or for an alternative measure.
It shall file its application in writing, with a brief statement of reasons and the most
relevant files.
3 If the public prosecutor decides against applying for remand, it shall order the
accused's immediate release. If it applies for an alternative measure, it shall take the
required preventive measures.
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Art. 230 Release from preventive detention during the proceedings before the
court of first instance
1The accused and the public prosecutor may file an application for release from
detention during the proceedings before the court of first instance.
2 The application must be submitted to the director of proceedings in the court of
first instance.
3 If the director of proceedings grants the application, he or she shall release the
accused from detention immediately. If the director of proceedings does not wish to
grant the application, it shall be passed on to the compulsory measures court for a
decision to be made.
4The director of proceedings in the court of first instance may also order the ac-
cused to be released from detention provided the public prosecutor consents. If the
public prosecutor does not consent, the compulsory measures court decides.
5 The provisions of Article 228 also apply mutatis mutandis.
Art. 231 Preventive detention following the judgment of the court of first
instance
1The court of first instance shall decide in its judgment whether a person convicted
should be placed or should remain in preventive detention:
a. in order to ensure that a sentence or measure is duly executed;
b. with a view to appellate proceedings.
2 If an accused in detention is acquitted and the court of first instance orders his or
her release, the public prosecutor may apply to the court of first instance for the
director of appellate proceedings to order the continuation of preventive detention.
In such a case, the person concerned shall remain in detention until the director of
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Art. 232 Preventive detention during proceedings before the court of appeal
1 If grounds for detention arise only during proceedings before the court of appeal,
the director of appellate proceedings shall order the person to be placed in detention
to be brought before the court immediately in order to be heard.
2 A decision shall be made within 48 hours of the hearing; their decision is final.
Art. 233 Application for release from detention during proceedings before the
court of appeal
The director of appellate proceedings shall decide on an application for release from
detention within 5 days; the decision is final.
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5 The cantons shall regulate the rights and obligations of persons in custody, their
rights to legal redress, disciplinary measures and the supervision of detention cen-
tres.
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59 SR 311.0
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60 SR 311.0
61 Amended by No III of the Federal Act of 30 Sept. 2011, in force since 1 July 2012
(AS 2012 2575; BBl 2010 5651 5677).
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Chapter 6
Recording Identification Data, Handwriting and Voice Samples
62 SR 363
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Chapter 7 Seizure
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2Seizure shall be ordered on the basis of a written warrant containing a brief state-
ment of the grounds. In urgent cases, seizure may be ordered orally, but the order
must thereafter be confirmed in writing.
3 Where there is a risk in any delay, the police or members of the public may provi-
sionally seize items or assets on behalf of the public prosecutor or the courts.
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66 SR 311.0
67 SR 281.1
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68 SR 281.1
69 Amended by Annex No 2 of the Federal Decree of 27 Sept. 2013 (Lanzarote Convention),
in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571).
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70 SR 311.0
71 Amended by Annex No II 7 of the Criminal Justice Authorities Act of 19 March 2010, in
force since 1 Jan. 2011 (AS 2010 3267; BBl 2008 8125).
72 SR 142.20
73 SR 211.221.31
74 Amended by No II of the Federal Act of 16 March 2012, in force since 1 Feb. 2013
(AS 2013 295; BBl 2011 5905).
75 SR 514.51
76 SR 732.1
77 AS 2011 4487
78 SR 812.121
79 SR 814.01
80 SR 946.202
81 Inserted by Art. 34 No 2 of the Sport Promotion Act of 17 June 2012, in force since
1 Oct. 2012 (AS 2012 3953; BBl 2009 8189).
82 SR 415.0
83 Inserted by No II 4 of the Federal Act of 28. Sept. 2012 (AS 2013 1105; BBl 2011 6875).
Amended by Annex No 4 of the Financial Market Infrastructure Act of 19 June 2015, in
force since 1 Jan. 2016 (AS 2015 5339; BBl 2014 7483).
84 SR 958.1
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85 SR 322.1
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not mentioned in the general authorisation, an application for authorisation for the
individual surveillance operation concerned must be submitted to the compulsory
measures court.
86 SR 311.0
87 SR 780.1
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file an application for the extension, stating the reasons therefor, before expiry of the
current authorisation.
88 SR 780.1
89 Inserted by Annex No II 7 of the Criminal Justice Authorities Act of 19 March 2010, in
force since 1 Jan. 2011 (AS 2010 3267; BBl 2008 8125).
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3 In cases under paragraphs 1, 1bis and 2, the public prosecutor shall order surveil-
lance immediately and begin the authorisation procedure.90
4 Records that may not be used as accidental finds must be stored separately from
the case documents and destroyed on conclusion of the proceedings.
5Any findings made in a surveillance operation may be used to trace wanted per-
sons.
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Section 3 Observation
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89
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187, 188 number 1, 189 paragraphs 1 and 3, 190 paragraphs 1 and 3, 191,
192 paragraph 1, 195, 196, 197 paragraphs 3–5, 221 paragraphs 1 and 2, 223
number 1, 224 paragraph 1, 227 number 1 paragraph 1, 228 number 1 para-
graph 1, 230bis, 231 number 1, 232 number 1, 233 number 1, 234 paragraph
1, 237 number 1, 238 paragraph 1, 240 paragraph 1, 242, 244 paragraph 2,
251 number 1, 260bis–260quinquies, 264–267, 271, 272 number 2, 273, 274
number 1 paragraph 2, 301, 305bis number 2, 310, 322ter, 322quater and
322septies;
b.95 Federal Act of 16. December 200596 on Foreign Nationals: Articles 116 par-
agraph 3 and 118 paragraph 3;
c. Federal Act of 22. June 200197 on the Hague Convention on Adoption and
on Measures to Protect Children in International Adoption Cases: Article 24;
d.98 War Material Act of 13 December 199699: Articles 33 paragraph 2 and 34–
35b;
e. Nuclear Energy Act of 21 March 2003100: Articles 88 paragraphs 1 and 2, 89
paragraphs 1 and 2 and 90 paragraph 1;
f.101 Narcotics Act of 3 October 1951102: Articles 19 number 1 second sentence
and number 2, and 20 number 1 second sentence;
g. Goods Control Act of 13 December 1996103: Article 14 paragraph 2.
h.104 Sport Promotion Act of 17 June 2011105: Article 22 paragraph 2
3 If the adjudication an offence subject to military jurisdiction is assigned to the
jurisdiction of the civil courts, an undercover investigation may also be ordered in
respect of offences under Article 70 paragraph 2 of the Military Criminal Procedure
Code of 23 March 1979106.
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b. persons employed temporarily on police duties even if they have not re-
ceived police training.
2 Only members of a police force may be deployed as command staff.
3 If members of a foreign police force are deployed, they are normally led by their
regular commander.
107 Amended by No I of the Federal Act of 14 Dec. 2012 on Undercover Investigations and
Enquiries, in force since 1 May 2013 (AS 2013 1051; BBl 2012 5591 5609).
108 Amended by No I of the Federal Act of 14 Dec. 2012 on Undercover Investigations and
Enquiries, in force since 1 May 2013 (AS 2013 1051; BBl 2012 5591 5609).
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file an application for the extension, stating the reasons therefor, before expiry of the
current authorisation.
6If authorisation is not granted or no authorisation has been obtained, the public
prosecutor shall terminate deployment immediately. All records must be destroyed
immediately. Findings made by means of the undercover investigation may not be
used.
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4If the undercover investigator exceeds the remit of the authorised operation, the
court must take due account of this in assessing the sentence imposed on the person
subject to the investigator's influence, or may dispense with imposing any sentence.
109 SR 812.121
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110 Inserted by No I of the Federal Act of 14 Dec. 2012 on Undercover Investigations and
Enquiries, in force since 1 May 2013 (AS 2013 1051; BBl 2012 5591 5609).
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2Articles 291–294 apply by analogy to the status, duties and obligations of the
undercover agents and their commanding officers.
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111 Amended by Annex No II 7 of the Criminal Justice Authorities Act of 19 March 2010, in
force since 1 Jan. 2011 (AS 2010 3267; BBl 2008 8125).
112 Amended by No I 3 of the Federal Act of 26 Sept. 2014 on Victims’ Right to Information,
in force since 1 Jan. 2016 (AS 2015 1623; BBl 2014 889 913).
113 Amended by No I 3 of the Federal Act of 26. Sept. 2014 on Victims’ Right to Infor-
mation, in force since 1 Jan. 2016 (AS 2015 1623; BBl 2014 889 913).
114 Inserted by No I 3 of the Federal Act of 26. Sept. 2014 on Victims’ Right to Information,
in force since 1 Jan. 2016 (AS 2015 1623; BBl 2014 889 913).
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3It shall open the investigation by issuing a ruling in which it shall name the ac-
cused and the offence that he or she is suspected of committing. The ruling need not
contain a statement of reasons or be made public. It is non-contestable.
4The public prosecutor may not open an investigation if it immediately issues a no-
proceedings order or a summary penalty order.
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Art. 316
1 Where the proceedings relate to an offence that is prosecuted only on complaint,
the public prosecutor may summon the complainant and the accused to a hearing
with the aim of achieving a settlement. If the complainant fails to attend, the com-
plaint is deemed to have been withdrawn.
2 If consideration is being given to an exemption from punishment due to reparation
being made in accordance with Article 53 SCC115, the public prosecutor shall invite
the person suffering harm and the accused to a hearing with the aim of agreeing on
reparation.
3 If an agreement is reached, this shall be placed on record and signed by those
involved. The public prosecutor shall then abandon the proceedings.
115 SR 311.0
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101
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f. its applications for sanctions or notice that these applications will be made at
the main hearing;
g. its applications for subsequent judicial decisions;
h. its request to receive a summons to the main hearing.
2 If the public prosecutor is not personally represented in court, it may attach a final
report to the indictment that explains the circumstances of the case, which also
contains comments on the assessment of evidence.
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3 If it is expected that it will not be possible to take certain evidence in the main
hearing, the director of proceedings may take that evidence prior to the main hear-
ing, entrust the task to a delegate of the court or in cases of urgency to the public
prosecutor, or arrange for the evidence to be taken through mutual assistance proce-
dures. The parties shall be given the opportunity to participate if evidence is taken in
this way.
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the court comprises one judge sitting alone, this rule need not be applied if the case
involves victims of both genders.
Art. 336 Accused, duty defence lawyer and mandatory defence lawyer
1 The accused must attend the main hearing in person if:
a. the case involves a felony or misdemeanour; or
b. the director of proceedings orders a personal appearance.
2Duty defence lawyers and the mandatory defence lawyers must attend the main
hearing in person.
3 The director of proceedings may dispense with the requirement for the accused to
attend in person at the accused's request if the accused shows good cause and his or
her presence is not required.
4 If the accused fails to attend without being excused, the regulations on proceedings
in absentia apply.
5If a duty defence lawyer or mandatory defence lawyer fails to attend, the hearing
shall be postponed.
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Section 5 Judgment
116 SR 311.0
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Art. 350 Latitude in assessing the charge; Basis for the judgment
1 The court is bound by the facts of the case set out in the indictment but not by the
legal assessment of the case therein.
2It shall take account of the evidence taken in the preliminary proceedings and main
proceedings.
117 SR 311.0
118 Amended by Annex No 5 of the Federal Act of 20 March 2015 (Implementation of Art.
121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of cer-
tain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
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2If the person filing the rejection fails to attend an examination hearing without an
excuse despite being served with a summons, the rejection is deemed to have been
withdrawn.
3 After taking the evidence, the public prosecutor shall decide to either:
a. stand by the summary penalty order;
b. abandon the proceedings;
c. issue a new summary penalty order;
d. bring charges in the court of first instance.
Art. 357
1 The administrative authorities appointed to prosecute and adjudicate contraven-
tions have the powers of the public prosecutor.
2The procedure is governed mutatis mutandis by the regulations on the summary
penalty order procedure.
3If elements of the contravention have not been fulfilled, so the authority responsi-
ble for prosecuting contraventions shall abandon the proceedings by issuing a ruling
with a brief statement of the reasons.
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4If in the view of the authority responsible for prosecuting contraventions the facts
of the case constitute a felony or misdemeanour, it shall refer the case to the public
prosecutor.
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5If any party rejects the indictment, the public prosecutor shall conduct ordinary
preliminary proceedings.
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2If the public prosecutor issued the decision in summary penalty order proceedings
or the authority responsible for prosecuting contraventions issued the decision in
contravention proceedings, these authorities shall also take the subsequent decisions.
3The Confederation and the cantons shall specify the authorities responsible for
making subsequent decisions that are not made by the court.
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Section 2 Re-assessment
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2When the new judgment becomes legally binding, the judgment in absentia, and
appeal against the same and decisions already taken in the appellate proceedings
become void.
119 SR 311.0
120 SR 311.0
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5 If a person threatens immediate danger, the public prosecutor may place this per-
son provisionally in detention or take other protective measures. The public prosecu-
tor shall bring the person immediately before the competent compulsory measures
court; this court shall decide on whether to order detention.
Section 2
Procedure where the Accused is not legally responsible due to a Mental
Disorder
121 SR 311.0
122 Amended by Annex No 1 of the Federal Act of 13 Dec. 2013 on Activity Prohibition
Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015
(AS 2014 2055; BBl 2012 8819).
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Art. 378 Use for the benefit of the person suffering harm
The public prosecutor or the court shall also decide on the applications made by the
person suffering harm for the forfeited property or assets to be used for his or her
benefit. Article 267 paragraphs 3–6 applies mutatis mutandis.
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3 They shall specify which authorities may seek an appellate remedy in contraven-
tion proceedings.
4 The Office of the Attorney General of Switzerland may seek an appellate remedy
in respect of cantonal decisions if:
a. federal law provides that it or another federal authority must be notified of
the decision;
b. it has referred the criminal case to the cantonal authorities for investigation
and adjudication.
Art. 384 Commencement of the period for requesting the appellate remedy
The period for requesting an appellate remedy begins:
a. in the case of a judgment: with the handover or service of the conclusions;
b. in the case of other decisions: with the service of the decision;
c. in the case of a procedural act not subject to written notice: when the recipi-
ent is informed of it.
123 SR 311.0
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Chapter 2 Objections
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a. the rulings and the procedural acts of the police, public prosecutor and au-
thorities responsible for prosecuting contraventions;
b. the rulings, decrees and procedural acts of courts of first instance, with the
exception of procedural decisions;
c. the decisions of the compulsory measures court in the cases provided for by
this Code.
2 An objection may contest:
a. an infringement of the law, including exceeding and abusing discretionary
powers, the denial of justice and unjustified delay;
b. an incomplete or incorrect assessment of the circumstances of the case;
c. a decision that is inequitable.
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Chapter 3 Appeals
Section 1 General Provisions
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4If a person is only contesting part of the judgment, he or she must indicate in the
appeal petition which of the following parts the appeal is limited to:
a. the verdict, and which verdict if there is more than one offence;
b. the sentence imposed;
c. the measures ordered;
d. the civil claim or individual civil claims;
e. the incidental effects of the judgment;
f. the award of costs, damages or satisfaction;
g. the subsequent judicial decisions.
Section 2 Procedure
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a. the notice of intention to appeal or appeal petition was filed too late or is in-
admissible;
b. the appeal is inadmissible under Article 398;
c. procedural requirements have not been fulfilled or there are procedural im-
pediments.
2 It shall give the parties opportunity to comment.
3If it decides not to consider the substance of the appeal, it shall give notice of its
decision and the grounds therefor to the parties.
4The director of proceedings shall otherwise and without any further formalities
make the required arrangements for conducting the appellate proceedings.
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124 SR 311.0
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3The court of first instance is bound by the interpretation of law made by the court
of appeal in the decree remitting the case and by the instruction issued in accordance
with paragraph 2.
Chapter 4 Review
125 SR 0.101
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2 Applications in terms of Article 410 paragraph 1 letter b and 2 must be filed within
90 days of receiving notice of the decision concerned. In other cases, applications
for the review of a case are not subject to a time limit.
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Art. 418 Participation of more than one person and liability of third parties
1 If more than one person is liable to pay costs, the costs shall be imposed propor-
tionately.
2 Where two or more persons are jointly responsible for costs being incurred, the
criminal justice authority may order that persons concerned are jointly and severally
liable to pay the costs.
3It may require third parties in accordance with the civil law principles of liability to
bear the costs jointly and severally with the accused.
Art. 419 Liability to pay costs of persons not legally responsible due to a
mental disorder
If the proceedings are abandoned or result in an acquittal because the accused is not
legally responsible due to a mental disorder, the costs may be imposed on the ac-
cused if this appears reasonable in all the circumstances.
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126 Repealed by Annex No II 7 of the Criminal Justice Authorities Act of 19 March 2010,
with effect from 1 Jan. 2011 (AS 2010 3267; BBl 2008 8125).
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Art. 426 Liability to pay costs of the accused and parties to separate
measures proceedings
1 The accused shall bear the procedural costs if he or she is convicted. Exempted
therefrom are the costs of the duty defence lawyer; Article 135 paragraph 4 is re-
served.
2If the proceedings are abandoned or the accused acquitted, all or part of the proce-
dural costs may be imposed on the accused if he or she has unlawfully or culpably
caused the proceedings to be initiated or has obstructed their conduct.
3 The accused shall not bear the procedural costs that:
a. the Confederation or the canton has incurred through unnecessary or flawed
procedural acts;
b. are incurred for translations that were necessary because the accused speaks
a foreign language.
4The accused shall bear the costs of the private claimant's legal aid representative
only if he or she has the financial means to do so.
5The provisions of this Article apply mutatis mutandis to parties to separate
measures procedures if they are unsuccessful.
Art. 427 Liability to pay costs of the private claimant and the complainant
1The private claimant may be ordered to pay procedural costs incurred as a result of
his or her applications on civil matters if:
a. the proceedings are abandoned or the accused is acquitted;
b. the private claimant withdraws the civil claim before the conclusion of the
main hearing before the court of first instance;
c. the civil proceedings are dismissed or remitted to the civil courts.
2In the case of offences prosecuted only on complaint, procedural costs may be
imposed on the complainant where he or she has wilfully or through gross negli-
gence brought about the proceedings or has obstructed their conduct, or on the
private claimant where:
a. the proceedings are abandoned or the accused is acquitted; and
b. the accused is not liable to pay costs in terms of Article 426 paragraph 2.
3 If the complainant withdraws the criminal complaint as part of a settlement ar-
ranged by the public prosecutor, the Confederation or the canton shall normally bear
the procedural costs.
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4 An agreement between the complainant and the accused on who is to bear the costs
in the event that the criminal complaint is withdrawn requires the approval of the
authority that orders the case to be abandoned. The agreement may not prejudice the
Confederation or the canton.
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Art. 432 Rights in relation to the private claimant and the complainant
1 The accused, if acquitted, is entitled to appropriate damages from the private
claimant in respect of expenditure incurred in relation to the civil claim.
2If the accused is acquitted of an offence prosecuted only on complaint, the com-
plainant may be required to compensate the accused for expenditure incurred in the
proper exercise of his or her procedural rights, provided the complainant has brought
about the proceedings wilfully or through gross negligence or has obstructed their
conduct.
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Title 11
Legal Effect and Execution of Decisions in Criminal Proceedings
Chapter 1 Legal Effect
127 SR 311.0
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128 SR 281.1
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4 The criminal justice authorities may set off their claims in respect of procedural
costs against the claims to damages of the party liable to pay arising from the same
criminal proceedings and against seized assets.
Art. 445
The Federal Council and, insofar as they are responsible, the cantons shall issue the
provisions required to implement this Code.
129 SR 281.1
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2Procedural acts that were ordered or carried out before this Code came into force
shall remain valid.
Section 2
Main Proceedings of First Instance and Special Proceedings
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Art. 453 Decisions made before this Code comes into force
1If a decision was made before this Code comes into force, an appellate remedy
against it shall be judged in accordance with the previous law by the authorities
competent under the previous law.
2 If proceedings are remitted by the appellate authority or the Federal Supreme Court
for re-assessment, the new law applies. The re-assessment shall be carried out by the
authority that would have been responsible for the quashed decision in accordance
with this Code.
Art. 454 Decision made after this Code comes into force
1Appellate remedies against first instance decisions that are made after this Code
comes into force are governed by the new law.
2 Appellate remedies against first instance decisions of higher courts that are made
in accordance with the previous law after this Code comes into force are governed
by the previous law.
Section 4
Rejections of Summary Penalty Orders; Private Prosecutions
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Section 5130
Transitional Provision to the Amendment of 28 September 2012
Art. 456a
In proceedings that are pending when the Amendment of 28 September 2012 to this
Code comes into force, the new law applies to examination hearings from the date
on which the Amendment comes into force.
Art. 457
1 This Code is subject to an optional referendum.
2 The Federal Council shall determine the commencement date.
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Annex 1
(Art. 446 para. 1)
II
The federal acts below are amended as follows:
…134
132 [BS 3 303; AS 1971 777 No III 4, 1974 1857 Annex No. 2, 1978 688 Art. 88 No. 4,
1979 1170, 1992 288 Annex No. 15 2465 Annex No. 2, 1993 1993, 1997 2465 Annex
No. 7, 2000 505 No I 3 2719 No II 3 2725 No II, 2001 118 No I 3 3071 No II 1 3096 An-
nex No. 2 3308, 2003 2133 Annex No. 9, 2004 1633 No I 4, 2005 5685 Annex
No. 19, 2006 1205 Annex No. 10, 2007 6087, 2008 1607 Annex No. 1 4989 Annex 1
No. 6 5463 Annex No. 3, 2009 6605 Annex No II 3]
133 [AS 2004 1409, 2006 2197 Annex No. 29, 2007 5437 Annex No II 6, 2006 5437 Art. 2
No. 2. AS 2010 1881 Annex 1 No I 2]
134 The amendments may be consulted under AS 2010 1881.
143
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Annex 2
(Art. 447)
Coordination Provisions
144
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Table of Contents
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Chapter 6 Recusal
Grounds for recusal ......................................................................Art. 56
Duty to notify ...............................................................................Art. 57
Recusal request by a party ............................................................Art. 58
Decision ........................................................................................Art. 59
Consequences of violating the recusal regulations .......................Art. 60
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149
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Title 4 Evidence
Chapter 1 General Provisions
Section 1 Taking Evidence and Admissibility of Evidence
Principles ................................................................................... Art. 139
Prohibited methods of taking evidence...................................... Art. 140
Admissibility of unlawfully obtained evidence ......................... Art. 141
Section 2 Examination Hearings
Criminal justice authority conducting the examination
hearing ....................................................................................... Art. 142
Conduct of the examination hearing .......................................... Art. 143
Examination hearing by video conference ................................ Art. 144
Written reports ........................................................................... Art. 145
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Chapter 3 Witnesses
Section 1 General Provisions
Definition ....................................................................................Art. 162
Capacity and duty to testify ........................................................Art. 163
Enquiries relating to witnesses ...................................................Art. 164
Witness's duty of confidentiality ................................................Art. 165
Interview with the person suffering harm...................................Art. 166
Compensation .............................................................................Art. 167
Section 2 Rights to Refuse to Testify
Right to refuse to testify due to a personal relationship .............Art. 168
Right to refuse to testify for personal protection or to
protect closely related persons....................................................Art. 169
Right to refuse to testify due to official secrecy .........................Art. 170
Right to refuse to testify due to professional
confidentiality .............................................................................Art. 171
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153
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154
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Chapter 7 Seizure
Principle ......................................................................................Art. 263
Restrictions .................................................................................Art. 264
Duty to hand over items or assets ...............................................Art. 265
Procedure ....................................................................................Art. 266
Decision on seized property and assets ......................................Art. 267
Seizure to cover costs .................................................................Art. 268
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138 Amended by No I 3 of the Federal Act of 26 Sept. 2014 on Victims’ Right to Information,
in force since 1 Jan. 2016 (AS 2015 1623; BBl 2014 889 913).
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159
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Chapter 2 Objections
Admissibility and grounds ..........................................................Art. 393
Inadmissibility of the objection ..................................................Art. 394
Collegial court as objections authority .......................................Art. 395
Form and time limit ....................................................................Art. 396
Procedure and decision ...............................................................Art. 397
Chapter 3 Appeals
Section 1 General Provisions
Admissibility and grounds ..........................................................Art. 398
Notice of intention to appeal and appeal petition .......................Art. 399
Preliminary examination ............................................................Art. 400
Joint appeal .................................................................................Art. 401
Effect of the appeal .....................................................................Art. 402
Section 2 Procedure
Decision to consider the substance of the appeal .......................Art. 403
Extent of consideration ...............................................................Art. 404
Oral procedure ............................................................................Art. 405
Written procedure .......................................................................Art. 406
Default by the parties..................................................................Art. 407
Section 3 Appeal Decision
New judgment ............................................................................Art. 408
Quashing the judgment and remitting the case...........................Art. 409
Chapter 4 Review
Admissibility of and grounds for a review .................................Art. 410
Form and time limit ....................................................................Art. 411
Preliminary examination and decision to consider the
substance of the case ..................................................................Art. 412
Decision ......................................................................................Art. 413
New proceedings ........................................................................Art. 414
Consequences of the new decision .............................................Art. 415
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163
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Annex 1
Annex 2
164