Art. 123 – Quantification and statement of the grounds

3Section 1 General Provisions

Read: Art. 12 – Prosecution authorities Art. 12 – Prosecution authoritiesArt. 12 Prosecution authorities The prosecution authorities are: a. the police; b. the public prosecutor; c. the authorities responsible for prosecuting contraventions. Read Direct link

Read: Art. 13 – Courts Art. 13 – CourtsArt. 13 Courts The following bodies have judicial powers in criminal proceedings: a. the compulsory measures court; b. the court of first instance; c. the court for Article 393 appeals; d. the court for Article 398 appe… Read Direct link

Read: Art. 14 – Titles and organisation of the criminal justice authorities Art. 14 – Titles and organisation of the criminal justice authoritiesArt. 14 Titles and organisation of the criminal justice authorities 1 The Confederation and the cantons shall determine their own criminal justice authorities and the titles that they use. 2 They shall regulate the comp… Read Direct link

3Section 2 Prosecution Authorities

Read: Art. 15 – Police Art. 15 – PoliceArt. 15 Police 1 The activities of the federal, cantonal and communal police in prosecution matters are governed by this Code. 2 The police investigate offences on their own initiative, in response to reports from membe… Read Direct link

Read: Art. 16 – Public prosecutor Art. 16 – Public prosecutorArt. 16 Public prosecutor 1 The public prosecutor is responsible for the uniform exercise of the state's right to punish criminal conduct. 2 It conducts preliminary proceedings, pursues offences within the scope of the… Read Direct link

Read: Art. 17 – Authorities responsible for prosecuting contraventions Art. 17 – Authorities responsible for prosecuting contraventionsArt. 17 Authorities responsible for prosecuting contraventions 1 The Confederation and the cantons may delegate the prosecution and adjudication of contraventions to administrative authorities. 2 Where contraventions ar… Read Direct link

3Section 3 Courts

Read: Art. 18 – Compulsory measures court Art. 18 – Compulsory measures courtArt. 18 Compulsory measures court 1 The compulsory measures court is responsible for ordering the accused's remand or preventive detention and, where this Code so provides, for ordering or approving additional compulsor… Read Direct link

Read: Art. 19 – Court of first instance Art. 19 – Court of first instanceArt. 19 Court of first instance 1 The court of first instance assesses, as the first instance, all offences that do not fall within the jurisdiction of other authorities. 2 The Confederation and the cantons may provide… Read Direct link

Read: Art. 20 – Court for Article 393 appeals Art. 20 – Court for Article 393 appealsArt. 20 Court for Article 393 appeals 1 The court for Article 393 appeals rules on Article 393 appeals against the procedural acts and decisions not subject to an Article 398 appeal: a. of the courts of first instance;… Read Direct link

Read: Art. 21 – Court for Article 398 appeals Art. 21 – Court for Article 398 appealsArt. 21 Court for Article 398 appeals 1 The court for Article 398 appeals decides on: a. Article 398 appeals against judgments of the courts of first instance; b. applications for the review of a case. 2 Any person who… Read Direct link

3Section 1 Extent of Federal and Cantonal Jurisdiction

Read: Art. 22 – Cantonal jurisdiction Art. 22 – Cantonal jurisdictionArt. 22 Cantonal jurisdiction The cantonal criminal justice authorities shall prosecute and judge offences under federal law, subject to the statutory exceptions. Read Direct link

Read: Art. 23 – Federal jurisdiction in general Art. 23 – Federal jurisdiction in generalArt. 23 Federal jurisdiction in general 1 The following offences in the SCCSR 311.0 are subject to federal jurisdiction: SR 311.0 a. Amended by Annex No II 7 of the Criminal Justice Authorities Act of 19 March 2010, in… Read Direct link

Read: Art. 24 – Federal jurisdiction in the case of organised crime, terrorist offences and white-collar crime Art. 24 – Federal jurisdiction in the case of organised crime, terrorist offences and white-collar crimeArt. 24 Federal jurisdiction in the case of organised crime, terrorist offences and white-collar crime Amended by Annex No II 3 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Co… Read Direct link

Read: Art. 25 – Delegation to the cantons Art. 25 – Delegation to the cantonsArt. 25 Delegation to the cantons 1 The Office of the Attorney General of Switzerland may assign a criminal case subject to federal jurisdiction in terms of Article 23 to the cantonal authorities for investigation and a… Read Direct link

Read: Art. 26 – Multiple jurisdiction Art. 26 – Multiple jurisdictionArt. 26 Multiple jurisdiction 1 If the offence was committed in two or more cantons or abroad or if offenders, co-offenders, or participants are domiciled or habitually resident in different cantons, the Office of the A… Read Direct link

Read: Art. 27 – Jurisdiction over the initial enquiries Art. 27 – Jurisdiction over the initial enquiriesArt. 27 Jurisdiction over the initial enquiries 1 Where a case is subject to federal jurisdiction, the matter is urgent and the federal criminal justice authorities are not yet involved, the police enquiries and the inv… Read Direct link

Read: Art. 28 – Conflicts Art. 28 – ConflictsArt. 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. Read Direct link

3Section 2 Jurisdiction where two or more Offences coincide

Read: Art. 29 – Principle of unity of proceedings Art. 29 – Principle of unity of proceedingsArt. 29 Principle of unity of proceedings 1 Offences shall be prosecuted and adjudicated together where: a. one person is accused of two or more offences; or b. the case involves co-offending or participation. 2 Where o… Read Direct link

Read: Art. 30 – Exceptions Art. 30 – ExceptionsArt. 30 Exceptions The public prosecutor and the courts may separate or combine criminal proceedings for practical reasons. Read Direct link

3Section 1 Principles

Read: Art. 31 – Place of jurisdiction of the place of commission Art. 31 – Place of jurisdiction of the place of commissionArt. 31 Place of jurisdiction of the place of commission 1 The authorities at the place where the criminal act was committed have jurisdiction to prosecute and adjudicate the offence. If it is only the outcome of the of… Read Direct link

Read: Art. 32 – Place of jurisdiction for offences committed abroad or at an unknown location Art. 32 – Place of jurisdiction for offences committed abroad or at an unknown locationArt. 32 Place of jurisdiction for offences committed abroad or at an unknown location 1 Where an offence was committed abroad or if the place of commission cannot be established, the authorities of the place where the a… Read Direct link

3Section 2 Special Jurisdiction

Read: Art. 33 – Place of jurisdiction in the case of two or more participants Art. 33 – Place of jurisdiction in the case of two or more participantsArt. 33 Place of jurisdiction in the case of two or more participants 1 The participants in an offence shall be prosecuted and adjudicated by the same authorities as the principal offender. 2 If an offence has been comm… Read Direct link

Read: Art. 34 – Place of jurisdiction where two or more offences are committed at different loci Art. 34 – Place of jurisdiction where two or more offences are committed at different lociArt. 34 Place of jurisdiction where two or more offences are committed at different loci 1 Where an accused has committed two or more offences at different loci, the authorities of the place where the offence that carri… Read Direct link

Read: Art. 35 – Place of jurisdiction for offences via the media Art. 35 – Place of jurisdiction for offences via the mediaArt. 35 Place of jurisdiction for offences via the media 1 In the case of an offence under Article 28 SCCSR 311.0 committed in Switzerland, the authorities of the place where the media undertaking has its registered off… Read Direct link

Read: Art. 36 – Place of jurisdiction in the case of Debt Enforcement and Bankruptcy offences and criminal proceedings against corporate undertakings Art. 36 – Place of jurisdiction in the case of Debt Enforcement and Bankruptcy offences and criminal proceedings against corporate undertakingsArt. 36 Place of jurisdiction in the case of Debt Enforcement and Bankruptcy offences and criminal proceedings against corporate undertakings 1 In the case of offences in accordance with Articles 163–171 SCCSR 311.0, th… Read Direct link

Read: Art. 37 – Place of jurisdiction for separate forfeiture proceedings Art. 37 – Place of jurisdiction for separate forfeiture proceedingsArt. 37 Place of jurisdiction for separate forfeiture proceedings 1 Separate forfeiture proceedings (Art. 376–378) must be carried out in the place where the items or assets to be forfeited are located. 2 If the items o… Read Direct link

Read: Art. 38 – Establishing an alternative place of jurisdiction Art. 38 – Establishing an alternative place of jurisdictionArt. 38 Establishing an alternative place of jurisdiction 1 The public prosecutors may by mutual agreement establish a place of jurisdiction other than that provided for in Articles 31–37 if this is justified by the foc… Read Direct link

3Section 3 Procedure for Establishing Jurisdiction

Read: Art. 39 – Verification of and agreement on jurisdiction Art. 39 – Verification of and agreement on jurisdictionArt. 39 Verification of and agreement on jurisdiction 1 The criminal justice authorities shall verify their jurisdiction ex officio and if necessary transfer the case to the competent authority. 2 Where two or more crim… Read Direct link

Read: Art. 40 – Conflicts of jurisdiction Art. 40 – Conflicts of jurisdictionArt. 40 Conflicts of jurisdiction 1 In the event of a dispute over jurisdiction between criminal justice authorities in the same canton, the Office of the Chief Cantonal Prosecutor or Cantonal Attorney General shall dec… Read Direct link

Read: Art. 41 – Contesting the place of jurisdiction Art. 41 – Contesting the place of jurisdictionArt. 41 Contesting the place of jurisdiction 1 If a party wishes to contest the jurisdiction of the authority conducting the criminal proceedings, he or she must immediately request the authority to transfer the case to… Read Direct link

Read: Art. 42 – Common provisions Art. 42 – Common provisionsArt. 42 Common provisions 1 Until a binding decision is made on the place of jurisdiction, the first authority to deal with the case shall carry out any measures that cannot be delayed. If necessary, the authority respo… Read Direct link

3Section 1 General Provisions

Read: Art. 43 – Scope of application and definition Art. 43 – Scope of application and definitionArt. 43 Scope of application and definition 1 The provisions this Chapter regulate mutual assistance in criminal matters provided by federal and cantonal authorities to public prosecutors, authorities responsible for pr… Read Direct link

Read: Art. 44 – Obligation to provide mutual assistance Art. 44 – Obligation to provide mutual assistanceArt. 44 The correction by the Federal Assembly Drafting Committee dated 10 Nov. 2014, published on 25 Nov. 2014 relates only to the French text (AS 2014 4071). The correction by the Federal Assembly Drafting Committee d… Read Direct link

Read: Art. 45 – Support Art. 45 – SupportArt. 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… Read Direct link

Read: Art. 46 – Direct communication Art. 46 – Direct communicationArt. 46 Direct communication 1 The authorities shall communicate directly with each other Details of the competent local Swiss justice authority for mutual assistance requests may be obtained from the following website:… Read Direct link

Read: Art. 47 – Costs Art. 47 – CostsArt. 47 Costs 1 Mutual assistance is provided free of charge. 2 The 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 th… Read Direct link

Read: Art. 48 – Disputes Art. 48 – DisputesArt. 48 Disputes 1 The court for Article 393 appeals in the relevant canton shall make a final decision on any dispute over mutual assistance between authorities of the same canton. 2 The Federal Criminal Court decides… Read Direct link

3Section 2 Procedural Acts at the Request of the Confederation or of another Canton

Read: Art. 49 – Principles Art. 49 – PrinciplesArt. 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 sha… Read Direct link

Read: Art. 50 – Request for compulsory measures Art. 50 – Request for compulsory measuresArt. 50 Request for compulsory measures 1 The requesting authority shall request that a person be arrested with a written warrant for an enforced appearance (Art. 208). 2 If possible, the requested authority shall hand… Read Direct link

Read: Art. 51 – Right to participate Art. 51 – Right to participateArt. 51 Right to participate 1 The parties, their legal agents and the requesting authority may participate in the requested procedural acts, insofar as this Code provides therefor. 2 If participation is possible, the r… Read Direct link

3Section 3 Procedural Acts in Another Canton

Read: Art. 52 – Principles Art. 52 – PrinciplesArt. 52 Principles 1 Federal 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 direc… Read Direct link

Read: Art. 53 – Using the services of the police Art. 53 – Using the services of the policeArt. 53 Using the services of the police If the requesting authority requires the support of the police in order to carry out a procedural act, it shall make the relevant request to the public prosecutor of the requeste… Read Direct link

3Section 1 Requirement of Oral Proceedings; Language

Read: Art. 66 – Requirement of oral proceedings Art. 66 – Requirement of oral proceedingsArt. 66 Requirement of oral proceedings Proceedings before the criminal justice authorities shall be conducted orally unless this Code provides for written proceedings. Read Direct link

Read: Art. 67 – Language of the proceedings Art. 67 – Language of the proceedingsArt. 67 Language of the proceedings 1 The Confederation and the cantons shall determine the languages to be used by their criminal justice authorities in proceedings. 2 The cantonal criminal justice authorities shall ca… Read Direct link

Read: Art. 68 – Translation and interpretation Art. 68 – Translation and interpretationArt. 68 Translation and interpretation 1 Where a party to the proceedings does not understand the language of the proceedings or is unable to express him- or herself adequately, the director of proceedings shall appoint… Read Direct link

3Section 2 Public Proceedings

Read: Art. 69 – Principles Art. 69 – PrinciplesArt. 69 Principles 1 Proceedings before the court of first instance and the court for Article 398 appeals, together with the oral passing of judgments and decrees of these courts shall, with the exception of the judges'… Read Direct link

Read: Art. 70 – Restrictions on and exclusion of public access Art. 70 – Restrictions on and exclusion of public accessArt. 70 Restrictions on and exclusion of public access 1 The court may completely or partly exclude members of the public from court hearings if: a. public safety or order or the legitimate interests of a person involve… Read Direct link

Read: Art. 71 – Video and audio recordings Art. 71 – Video and audio recordingsArt. 71 Video and audio recordings 1 It is not permitted to make video or audio recordings within the court building or to make such recordings of procedural acts carried out outside the court building. 2 Persons infrin… Read Direct link

Read: Art. 72 – Court reporting Art. 72 – Court reportingArt. 72 Court reporting The Confederation and the cantons may regulate the accreditation and rights and obligations of court reporters. Read Direct link

3Section 3 Confidentiality, Information to the Public, Communications to Authorities

Read: Art. 73 – Duty of confidentiality Art. 73 – Duty of confidentialityArt. 73 Duty of confidentiality 1 Members of criminal justice authorities, their employees and experts appointed by criminal justice authorities shall treat as confidential information that comes to their knowledge in t… Read Direct link

Read: Art. 74 – Provision of information to thepublic Art. 74 – Provision of information to thepublicArt. 74 Provision of information to thepublic 1 The public prosecutor, the courts and, with the consent of the courts, the police may provide the public with information on pending proceedings where this is required: a.… Read Direct link

Read: Art. 75 – Communications with other authorities Art. 75 – Communications with other authoritiesArt. 75 Communications with other authorities 1 Where an accused is serving a sentence or subject to a criminal measure, the criminal justice authorities shall inform the authorities responsible for the execution of sen… Read Direct link

3Section 4 Records

Read: Art. 76 – General Provisions Art. 76 – General ProvisionsArt. 76 General Provisions 1 The statements of the parties, the oral decisions of the authorities and any other procedural acts that are not carried out in writing shall be recorded. 2 The clerk of court, the director o… Read Direct link

Read: Art. 77 – Records of proceedings Art. 77 – Records of proceedingsArt. 77 Records of proceedings The records of proceedings contain details of all the essential procedural acts and in particular provide information on: a. the nature, place, date and time of the procedural acts; b. the… Read Direct link

Read: Art. 78 – Records of hearings in general Art. 78 – Records of hearings in generalArt. 78 Records of hearings in general Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 4… Read Direct link

Read: Art. 78a – Transcripts of recordings of examination hearings Art. 78a – Transcripts of recordings of examination hearingsArt. 78a Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Transcri… Read Direct link

Read: Art. 79 – Corrections Art. 79 – CorrectionsArt. 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 corrections. 2 The director of procee… Read Direct link

3Section 5 Decisions

Read: Art. 80 – Form Art. 80 – FormArt. 80 Form 1 Decisions that determine substantive criminal or civil issues, together with individual subsequent decisions and individual forfeiture decisions, are issued in the form of a judgment. Other decisions, if… Read Direct link

Read: Art. 81 – Content of final judgments Art. 81 – Content of final judgmentsArt. 81 Content of final judgments 1 Judgments and other decisions concluding proceedings contain: a. an introduction; b. a statement of the grounds; c. conclusions; d. if subject to appeal: instructions on appellate re… Read Direct link

Read: Art. 82 – Limitations to the duty to state grounds Art. 82 – Limitations to the duty to state groundsArt. 82 Limitations to the duty to state grounds 1 The court of first instance shall dispense with a written statement of the grounds if it: a. states the grounds for the judgment orally; and b. Amended by No I of the F… Read Direct link

Read: Art. 83 – Explanation and correction of decisions Art. 83 – Explanation and correction of decisionsArt. 83 Explanation and correction of decisions 1 If the conclusions to the decision are unclear, contradictory or incomplete, or if they are inconsistent with the grounds, the criminal justice authority that made the d… Read Direct link

3Section 6 Notice and Service of Decisions

Read: Art. 84 – Notice of decisions Art. 84 – Notice of decisionsArt. 84 Notice of decisions 1 If the proceedings are public, the court shall give notice of the judgment orally on conclusion of its deliberations and state the grounds in brief. 2 The court shall provide the parties wi… Read Direct link

Read: Art. 85 – Form and service of communications Art. 85 – Form and service of communicationsArt. 85 Form and service of communications 1 The criminal justice authorities shall issue communications in writing, unless this Code provides otherwise. 2 Service shall be effected by registered mail or in any other wa… Read Direct link

Read: Art. 86 – Electronic service Art. 86 – Electronic serviceArt. 86 Amended by Annex No II 7 of the FA of 18 March 2016 on Electronic Signatures, in force since 1 Jan. 2017 (AS 2016 4651; BBl 2014 1001). Amended by Annex No II 7 of the FA of 18 March 2016 on Electronic Signature… Read Direct link

Read: Art. 87 – Address for service Art. 87 – Address for serviceArt. 87 Address for service 1 Communications must be served on addressees at their domicile, their habitual place of residence or their registered office. 2 Parties and legal agents whose domicile, habitual place of res… Read Direct link

Read: Art. 88 – Public notice Art. 88 – Public noticeArt. 88 Public notice 1 Service shall be effected by publication in an official gazette designated by the Confederation or the canton where: a. the whereabouts of the addressee are unknown and cannot be ascertained desp… Read Direct link

3Section 7 Time Limits and Deadlines

Read: Art. 89 – General Provisions Art. 89 – General ProvisionsArt. 89 General Provisions 1 Statutory time limits may not be extended. 2 There are no court holidays in criminal proceedings. Read Direct link

Read: Art. 90 – Commencement and calculation of time limits Art. 90 – Commencement and calculation of time limitsArt. 90 Commencement and calculation of time limits 1 Time limits that are triggered by a communication or the occurrence of an event begin to run from the following day. 2 If the time limit is due to expire on a Saturd… Read Direct link

Read: Art. 91 – Compliance with time limits Art. 91 – Compliance with time limitsArt. 91 Compliance with time limits 1 The time limit is complied with if the procedural act is carried out to the satisfaction of the competent authority on the day of expiry at the latest. 2 Submissions must be deliver… Read Direct link

Read: Art. 92 – Extension of time limits and postponement of hearings Art. 92 – Extension of time limits and postponement of hearingsArt. 92 Extension of time limits and postponement of hearings The authorities may extend time limits and postpone hearings ex officio or in response to an application. The application must be made before the expiry of t… Read Direct link

Read: Art. 93 – Default Art. 93 – DefaultArt. 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. Read Direct link

Read: Art. 94 – New time limit Art. 94 – New time limitArt. 94 New time limit 1 Where a party has failed to comply with a time limit and has thus incurred a significant and irremediable loss of rights, he or she may request that a new time limit be fixed; in doing so he or… Read Direct link

3Section 8 Data Processing

Read: Art. 95 – Obtaining personal data Art. 95 – Obtaining personal dataArt. 95 Obtaining personal data 1 Personal data must be obtained from the person concerned or with that person's knowledge unless the proceedings would be otherwise be prejudiced or unreasonable inconvenience or expense… Read Direct link

Read: Art. 95a – Processing of personal data Art. 95a – Processing of personal dataArt. 95a Inserted by No II 3 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for t… Read Direct link

Read: Art. 96 – Disclosure and use in pending criminal proceedings Art. 96 – Disclosure and use in pending criminal proceedingsArt. 96 Disclosure and use in pending criminal proceedings 1 The criminal justice authority may disclose personal data from pending proceedings for use in other pending proceedings if it is anticipated that the data may… Read Direct link

Read: Art. 97 – Rights to information in the case of pending proceedings Art. 97 – Rights to information in the case of pending proceedingsArt. 97 Rights to information in the case of pending proceedings As long as proceedings are pending, the parties and the other participants in the proceedings have, in accordance with their right to inspect case documen… Read Direct link

Read: Art. 98 – Correction of data Art. 98 – Correction of dataArt. 98 Correction of data 1 Where personal data proves to be incorrect, the relevant criminal justice authorities shall correct it immediately. 2 They shall immediately notify authorities to which they have transmitted… Read Direct link

Read: Art. 99 – Processing and retention of personal data after conclusion of the proceedings Art. 99 – Processing and retention of personal data after conclusion of the proceedingsArt. 99 Processing and retention of personal data after conclusion of the proceedings 1 After conclusion of the proceedings, the processing of personal data, procedures and legal protection are governed by the provision… Read Direct link

3Section 9 Management, Inspection and Retention of Case Files

Read: Art. 100 – File management Art. 100 – File managementArt. 100 File management 1 A case file shall be opened for each criminal case. This file shall contain: a. the records of proceedings and examination hearings; b. the documents complied by the criminal justice authority… Read Direct link

Read: Art. 101 – Inspection of case documents in pending proceedings Art. 101 – Inspection of case documents in pending proceedingsArt. 101 Inspection of case documents in pending proceedings 1 The parties may inspect the documents relating to the criminal proceedings at the latest following the first interview with the accused and the gathering of… Read Direct link

Read: Art. 102 – Procedure relating to applications to inspect case documents Art. 102 – Procedure relating to applications to inspect case documentsArt. 102 Procedure relating to applications to inspect case documents 1 The director of proceedings decides on whether case documents may be inspected. He or she shall take the measures required to prevent abuses and de… Read Direct link

Read: Art. 103 – Retention of case documents Art. 103 – Retention of case documentsArt. 103 Retention of case documents 1 The case documents must be preserved at least until conclusion of the time limits for prosecution and for the execution of the sentence have expired. 2 The foregoing paragraph does… Read Direct link

3Section 1 Definition and Status

Read: Art. 104 – Parties Art. 104 – PartiesArt. 104 Parties 1 Parties are: a. the accused; b. the private claimant; c. at the trial and in appellate proceedings: the public prosecutor. 2 The Confederation and the cantons may grant full or limited party rights to… Read Direct link

Read: Art. 105 – Other persons involved in the proceedings Art. 105 – Other persons involved in the proceedingsArt. 105 Other persons involved in the proceedings 1 Other persons involved in the proceedings are: a. persons suffering harm; b. the person who has reported the offence; c. witnesses; d. persons providing information;… Read Direct link

Read: Art. 106 – Capacity to act Art. 106 – Capacity to actArt. 106 Capacity to act 1 The party may validly carry out procedural acts only if he or she has the capacity to act. 2 A person lacking the capacity to act shall be represented by his or her statutory representative. 3… Read Direct link

Read: Art. 107 – Right to a fair hearing Art. 107 – Right to a fair hearingArt. 107 Right to a fair hearing 1 The parties have the right to a fair hearing; in particular, they have the right: a. to inspect case documents; b. to participate in procedural acts c. to appoint a legal agent; d. to… Read Direct link

Read: Art. 108 – Restriction of the right to a fair hearing Art. 108 – Restriction of the right to a fair hearingArt. 108 Restriction of the right to a fair hearing 1 The criminal justice authorities may restrict the right to a fair hearing if: a. there is justified suspicion that a party is abusing his or her rights; b. this is r… Read Direct link

3Section 2 Procedural Acts by the Parties

Read: Art. 109 – Submissions Art. 109 – SubmissionsArt. 109 Submissions 1 The parties may make submissions to the director of proceedings at any time, subject to the specific provisions thereon in this Code. 2 The director of proceedings shall examine the submissions an… Read Direct link

Read: Art. 110 – Form Art. 110 – FormArt. 110 Form 1 Submissions may be made in writing or orally on record. Written submissions must be dated and signed. 2 In the case of electronic submission, the submission and its enclosures must bear a qualified elect… Read Direct link

3Section 1 Persons suffering Harm

Read: Art. 115 – Persons suffering Harm Art. 115Art. 115 1 A person suffering harm is a person whose rights have been directly violated by the offence. 2 A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm. Read Direct link

3Section 2 Victims

Read: Art. 116 – Definitions Art. 116 – DefinitionsArt. 116 Definitions 1 A victim is a person suffering harm whose physical, sexual or mental integrity has been directly and adversely affected by the offence. 2 Relatives of the victim are his or her spouse, children an… Read Direct link

Read: Art. 117 – Status Art. 117 – StatusArt. 117 Status 1 Victims have special rights, in particular: a. the right to protection of personal privacy (Art. 70 para. 1 let. a, 74 para. 4, 152 para. 1); b. the right to be accompanied by a confidant (Art. 70 para… Read Direct link

3Section 3 Private Claimants

Read: Art. 118 – Definition and requirements Art. 118 – Definition and requirementsArt. 118 Definition and requirements 1 A private claimant is a person suffering harm who expressly declares that he or she wishes to participate in the criminal proceedings as a criminal or civil claimant. 2 The filing… Read Direct link

Read: Art. 119 – Form and content of the declaration Art. 119 – Form and content of the declarationArt. 119 Form and content of the declaration 1 A person suffering harm may submit a written declaration in writing or make the declaration orally on record. 2 In the declaration the person suffering harm may do either o… Read Direct link

Read: Art. 120 – Waiver and withdrawal Art. 120 – Waiver and withdrawalArt. 120 Waiver and withdrawal 1 The person suffering harm may at any time declare either in writing or orally on record that he or she waives his or her rights. The waiver is final. 2 Unless the waiver is expressly lim… Read Direct link

Read: Art. 121 – Legal successors Art. 121 – Legal successorsArt. 121 Legal successors 1 If the person suffering harm dies without waiving his or her procedural rights as a private claimant, such rights pass to his or her relatives as defined in Article 110 paragraph 1 SCCSR 311.… Read Direct link

3Section 4 Civil Claims

Read: Art. 122 – General Provisions Art. 122 – General ProvisionsArt. 122 General Provisions 1 The person suffering harm may bring civil claims based on the offence as a private claimant in the criminal proceedings. 2 The relatives of the victim have the same right provided they brin… Read Direct link

Read: Art. 123 – Quantification and statement of the grounds Art. 123 – Quantification and statement of the groundsArt. 123 Quantification and statement of the grounds 1 The civil claim must if possible be quantified in the declaration made in accordance with Article 119 and a brief statement of the grounds must be provided, detaili… Current article Read Direct link

Read: Art. 124 – Jurisdiction and procedure Art. 124 – Jurisdiction and procedureArt. 124 Jurisdiction and procedure 1 The court hearing the criminal case shall judge the civil claim regardless of the amount involved. 2 The accused shall be given the opportunity to respond to the civil claim in the… Read Direct link

Read: Art. 125 – Security for the claims against the private claimant Art. 125 – Security for the claims against the private claimantArt. 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… Read Direct link

Read: Art. 126 – Decision Art. 126 – DecisionArt. 126 Decision 1 The court decides on pending civil claims in the event that it: a. convicts the accused; b. acquits the accused and the court is in a position to make a decision. 2 The civil claim shall be referred… Read Direct link

3Section 1 Principles

Read: Art. 127 – Principles Art. 127Art. 127 1 The accused, the private claimant and the other persons involved in the proceedings may appoint a legal agent to safeguard their interests. 2 The parties may appoint two or more persons as legal agent provide… Read Direct link

3Section 2 Defence Lawyers

Read: Art. 128 – Status Art. 128 – StatusArt. 128 Status A defence lawyer is obliged to act solely in the interests the accused, subject to the restrictions laid down by law and in the professional code of practice. Read Direct link

Read: Art. 129 – Right to choose a defence lawyer Art. 129 – Right to choose a defence lawyerArt. 129 Right to choose a defence lawyer 1 The accused is entitled, in any criminal proceedings and at any stage of the proceedings either to instruct a legal agent as defined in Article 127 paragraph 5 to conduct his… Read Direct link

Read: Art. 130 – Mandatory appointment of a defence lawyer Art. 130 – Mandatory appointment of a defence lawyerArt. 130 Mandatory appointment of a defence lawyer A defence lawyer must be appointed to represent the accused if: a. the period on remand including the period when under arrest has exceeded 10 days; b. Amended by Annex… Read Direct link

Read: Art. 131 – Ensuring the mandatory appointment of the defence lawyer Art. 131 – Ensuring the mandatory appointment of the defence lawyerArt. 131 Ensuring the mandatory appointment of the defence lawyer 1 Where the mandatory appointment of a defence lawyer is required, the director of proceedings shall ensure that a defence lawyer is appointed immediatel… Read Direct link

Read: Art. 132 – Duty defence lawyer Art. 132 – Duty defence lawyerArt. 132 Duty defence lawyer 1 The director of proceedings shall appoint a duty defence lawyer if: a. in the event of the mandatory appointment of a defence lawyer: 1. the accused, despite being requested to do so by th… Read Direct link

Read: Art. 133 – Appointment of the duty defence lawyer Art. 133 – Appointment of the duty defence lawyerArt. 133 Appointment of the duty defence lawyer 1 The duty defence lawyer is appointed by the person acting as director of proceedings at the relevant stage of the proceedings. 1bis The Confederation and cantons may del… Read Direct link

Read: Art. 134 – Dismissal and change of duty defence lawyer Art. 134 – Dismissal and change of duty defence lawyerArt. 134 Dismissal and change of duty defence lawyer 1 If there is no longer any reason to have a duty defence lawyer, the director of proceedings shall dismiss the lawyer. 2 If the mutual trust between the accused and… Read Direct link

Read: Art. 135 – Duty defence lawyer's fees Art. 135 – Duty defence lawyer's feesArt. 135 Duty defence lawyer's fees 1 The duty defence lawyer shall be paid in accordance with the table of legal fees applicable in the Confederation or in the canton in which the criminal proceedings were conducted. 2… Read Direct link

3Section 3 Legal Aid for the Private Claimant and the Victim

Read: Art. 136 – Requirements Art. 136 – RequirementsArt. 136 Requirements 1 The director of proceedings shall on request grant full or partial legal aid: a. to the private claimants to assert their civil claims if they do not have the required financial resources and the… Read Direct link

Read: Art. 137 – Appointment, dismissal and change Art. 137 – Appointment, dismissal and changeArt. 137 Appointment, dismissal and change The appointment, dismissal and change of the legal representative are governed by Articles 133 and 134 mutatis mutandis. Read Direct link

Read: Art. 138 – Fees and allocation of costs Art. 138 – Fees and allocation of costsArt. 138 Fees and allocation of costs 1 The legal representative's fees are governed by Article 135 mutatis mutandis; the final judgment on who must pay the costs of the legal representative and of any procedural acts i… Read Direct link

3Section 1 Taking Evidence and Admissibility of Evidence

Read: Art. 139 – Principles Art. 139 – PrinciplesArt. 139 Principles 1 In order to establish the truth, the criminal justice authorities shall use all the legally admissible evidence that is relevant in accordance with the latest scientific findings and experience. 2… Read Direct link

Read: Art. 140 – Prohibited methods of taking evidence Art. 140 – Prohibited methods of taking evidenceArt. 140 Prohibited methods of taking evidence 1 The use of coercion, violence, threats, promises, deception and methods that may compromise the ability of the person concerned to think or decide freely are prohibited w… Read Direct link

Read: Art. 141 – Admissibility of unlawfully obtained evidence Art. 141 – Admissibility of unlawfully obtained evidenceArt. 141 Admissibility of unlawfully obtained evidence 1 Evidence obtained in violation of Article 140 is not admissible under any circumstances. The foregoing also applies where this Code declares evidence to be inadmi… Read Direct link

3Section 2 Examination Hearings

Read: Art. 142 – Criminal justice authority conducting the examination hearing Art. 142 – Criminal justice authority conducting the examination hearingArt. 142 Criminal justice authority conducting the examination hearing 1 Examination hearings are conducted by the public prosecutor, the authorities responsible for prosecuting contraventions and the courts. The Confed… Read Direct link

Read: Art. 143 – Conduct of the examination hearing Art. 143 – Conduct of the examination hearingArt. 143 Conduct of the examination hearing 1 At the start of the examination hearing, the person being questioned shall, in a language they can understand: a. be asked for his or her personal details; b. be advised of… Read Direct link

Read: Art. 144 – Examination hearing by video conference Art. 144 – Examination hearing by video conferenceArt. 144 Examination hearing by video conference 1 The public prosecutor and the courts may conduct an examination hearing by video conference if a personal appearance by the person being questioned is not possible or i… Read Direct link

Read: Art. 145 – Written reports Art. 145 – Written reportsArt. 145 Written reports The criminal justice authority may invite a person being questioned to provide a written report instead of or in addition to holding an examination hearing. Read Direct link

Read: Art. 146 – Examination of two or more persons and confrontation hearings Art. 146 – Examination of two or more persons and confrontation hearingsArt. 146 Examination of two or more persons and confrontation hearings 1 The persons being questioned shall be questioned separately. 2 The criminal justice authorities may arrange for persons, including those who have… Read Direct link

3Section 3 Rights to Participate in the Taking of Evidence

Read: Art. 147 – General provisions Art. 147 – General provisionsArt. 147 General provisions 1 Parties have the right to be present when the public prosecutor and the courts are taking evidence and to put questions to persons who have been questioned. The presence of the defence lawy… Read Direct link

Read: Art. 148 – In mutual assistance proceedings Art. 148 – In mutual assistance proceedingsArt. 148 In mutual assistance proceedings 1 If evidence is taken abroad in execution of a request for mutual assistance, the right of the parties to participate is satisfied if they: a. are permitted to submit questions… Read Direct link

3Section 4 Protective Measures

Read: Art. 149 – General provisions Art. 149 – General provisionsArt. 149 General provisions 1 If there are grounds to assume that a witness, a person providing information, an accused person, an expert witness or a translator or interpreter, or a person related to him or her in term… Read Direct link

Read: Art. 150 – Assurance of anonymity Art. 150 – Assurance of anonymityArt. 150 Assurance of anonymity 1 The director of proceedings may give an assurance to the person requiring protection that his or her anonymity will be preserved. 2 The public prosecutor shall submit its assurance to t… Read Direct link

Read: Art. 151 – Measures to protect undercover investigators Art. 151 – Measures to protect undercover investigatorsArt. 151 Measures to protect undercover investigators 1 Undercover investigators who have been given an assurance that their anonymity will be preserved have the following rights: a. to have their true identity withheld… Read Direct link

Read: Art. 152 – General measures to protect victims Art. 152 – General measures to protect victimsArt. 152 General measures to protect victims 1 The criminal justice authorities shall safeguard the personal privacy of the victim at every stage of the proceedings. 2 The victim may be accompanied at all procedural hea… Read Direct link

Read: Art. 153 – Special measures to protect victims of sexual offences Art. 153 – Special measures to protect victims of sexual offencesArt. 153 Special measures to protect victims of sexual offences 1 Victims of sexual offences may ask to be questioned by a person of the same sex. 2 A confrontation hearing with the accused may be ordered against the wi… Read Direct link

Read: Art. 154 – Special measures to protect child victims Art. 154 – Special measures to protect child victimsArt. 154 Special measures to protect child victims 1 A victim is a child within the meaning of this Article if he or she is under 18 years of age at the time of the examination hearing or confrontation hearing. 2 The fi… Read Direct link

Read: Art. 155 – Measures to protect persons with mental disorders Art. 155 – Measures to protect persons with mental disordersArt. 155 Measures to protect persons with mental disorders 1 Examination hearings with persons with mental disorders shall be limited to essential matters; additional examination hearings shall be avoided. 2 The directo… Read Direct link

Read: Art. 156 – Measures to protect persons outside the proceedings Art. 156 – Measures to protect persons outside the proceedingsArt. 156 Measures to protect persons outside the proceedings The Confederation and the cantons may take measures to protect persons outside the proceedings. Read Direct link

3Section 1 General Provisions

Read: Art. 162 – Definition Art. 162 – DefinitionArt. 162 Definition A witness is a person not involved in committing an offence who can make a statement that may assist in the investigation of an offence and who is not a person providing information. Read Direct link

Read: Art. 163 – Capacity and duty to testify Art. 163 – Capacity and duty to testifyArt. 163 Capacity and duty to testify 1 A person has the capacity to testify if he or she is over the age of 15 and has the required mental capacity with regard to the subject matter of the examination hearing. 2 Every… Read Direct link

Read: Art. 164 – Enquiries relating to witnesses Art. 164 – Enquiries relating to witnessesArt. 164 Enquiries relating to witnesses 1 Enquiries may be made into the previous conduct and the personal circumstances of a witness only if this is relevant to an assessment of his or her credibility. 2 If there are… Read Direct link

Read: Art. 165 – Witness's duty of confidentiality Art. 165 – Witness's duty of confidentialityArt. 165 Witness's duty of confidentiality 1 The authority conducting the examination hearing may require a witness subject to advising him or her of the penalties under Article 292 SCCSR 311.0 to treat the planned or c… Read Direct link

Read: Art. 166 – Interview with the person suffering harm Art. 166 – Interview with the person suffering harmArt. 166 Interview with the person suffering harm 1 The person suffering harm shall be interviewed as a witness. 2 The right to interview the person suffering harm as a person providing information in accordance with Ar… Read Direct link

Read: Art. 167 – Compensation Art. 167 – CompensationArt. 167 Compensation A witness is entitled to appropriate compensation for loss of income and expenses. Read Direct link

3Section 2 Rights to Refuse to Testify

Read: Art. 168 – Right to refuse to testify due to a personal relationship Art. 168 – Right to refuse to testify due to a personal relationshipArt. 168 Right to refuse to testify due to a personal relationship 1 The following persons may refuse to testify: a. the accused's spouse or the person who cohabits with the accused; b. anyone who has a child with the a… Read Direct link

Read: Art. 169 – Right to refuse to testify for personal protection or to protect closely related persons Art. 169 – Right to refuse to testify for personal protection or to protect closely related personsArt. 169 Right to refuse to testify for personal protection or to protect closely related persons 1 A person may refuse to testify if he or she would incriminate him or herself by testifying such that he or she: a. coul… Read Direct link

Read: Art. 170 – Right to refuse to testify due to official secrecy Art. 170 – Right to refuse to testify due to official secrecyArt. 170 Right to refuse to testify due to official secrecy 1 Public officials as defined in Article 110 paragraph 3 SCCSR 311.0 and their auxiliaries as well as members of authorities and their auxiliaries may refuse t… Read Direct link

Read: Art. 171 – Right to refuse to testify due to professional confidentiality Art. 171 – Right to refuse to testify due to professional confidentialityArt. 171 Right to refuse to testify due to professional confidentiality 1 Members of the clergy, lawyers, defence lawyers, notaries, patent attorneys, doctors, dentists, pharmacists, psychologists, nurses, physiotherapi… Read Direct link

Read: Art. 172 – Protection of journalists' sources Art. 172 – Protection of journalists' sourcesArt. 172 Protection of journalists' sources 1 Persons involved professionally in the publication of information in the editorial section of a medium that appears periodically, together with their auxiliary personnel may… Read Direct link

Read: Art. 173 – Right to refuse to testify due to other duties of confidentiality Art. 173 – Right to refuse to testify due to other duties of confidentialityArt. 173 Right to refuse to testify due to other duties of confidentiality 1 Any person who is required to preserve professional confidentiality in accordance with any of the following provisions must testify only if th… Read Direct link

Read: Art. 174 – Decision on permitting a person to refuse to testify Art. 174 – Decision on permitting a person to refuse to testifyArt. 174 Decision on permitting a person to refuse to testify 1 The decision on whether to allow a person to refuse to testify is made by: a. the authority conducting the examination hearing in the preliminary proceedin… Read Direct link

Read: Art. 175 – Exercise of the right to refuse to testify Art. 175 – Exercise of the right to refuse to testifyArt. 175 Exercise of the right to refuse to testify 1 The witness may invoke his or her right to refuse to testify at any time or revoke his or her waiver of that right. 2 Statements made by a witness after being cautio… Read Direct link

Read: Art. 176 – Unlawful refusal to testify Art. 176 – Unlawful refusal to testifyArt. 176 Unlawful refusal to testify 1 Any person who refuses to testify without having the right to do so may be liable to a fixed penalty fine and may be required to pay the costs and compensation incurred as a result… Read Direct link

3Section 3 Examination Hearings with Witnesses

Read: Art. 177 – Examination Hearings with Witnesses Art. 177Art. 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 penalt… Read Direct link

3Section 1 Summonses

Read: Art. 201 – Form and content Art. 201 – Form and contentArt. 201 Form and content 1 A summons shall be issued in writing by the public prosecutor, the authorities responsible for prosecuting contraventions and the courts. 2 It contains: a. the name of the criminal justice au… Read Direct link

Read: Art. 202 – Time limit Art. 202 – Time limitArt. 202 Time limit 1 Summonses shall be served: a. in the preliminary proceedings: at least 3 days before the procedural act is due to take place; b. in proceedings in court: at least 10 days before the procedural act… Read Direct link

Read: Art. 203 – Exceptions Art. 203 – ExceptionsArt. 203 Exceptions 1 A summons may be issued in a form other than that prescribed and subject to shorter time limits: a. in cases of urgency; or b. with the consent the person being summoned. 2 Any person who is presen… Read Direct link

Read: Art. 204 – Safe conduct Art. 204 – Safe conductArt. 204 Safe conduct 1 If persons who are abroad must be summoned, the public prosecutor or the persons conducting the court proceedings may guarantee their safe conduct. 2 Persons who have been guaranteed safe conduct… Read Direct link

Read: Art. 205 – Duty to appear, circumstances preventing appearance and failure to appear Art. 205 – Duty to appear, circumstances preventing appearance and failure to appearArt. 205 Duty to appear, circumstances preventing appearance and failure to appear 1 Any person summoned by a criminal justice authority must comply with the summons. 2 Any person who is prevented from complying with a… Read Direct link

Read: Art. 206 – Police summonses Art. 206 – Police summonsesArt. 206 Police summonses 1 In the course of police enquiries, the police may summon persons for the purposes of questioning, establishing their identity or for other identification procedures without the requirement to… Read Direct link

3Section 2 Appearance enforced by the Police

Read: Art. 207 – Requirements and competence Art. 207 – Requirements and competenceArt. 207 Requirements and competence 1 A person may be brought before an authority by the police if: a. he or she has failed to comply with a summons; b. there are specific indications that he or she will not comply wit… Read Direct link

Read: Art. 208 – Form of the order Art. 208 – Form of the orderArt. 208 Form of the order 1 An enforced appearance is ordered in the form of a written warrant. In cases of urgency, it may be ordered orally; it must however be confirmed subsequently in writing. 2 The warrant shall c… Read Direct link

Read: Art. 209 – Procedure Art. 209 – ProcedureArt. 209 Procedure 1 The police shall make every effort to protect the persons concerned when executing a warrant for an enforced appearance. 2 They shall show the person concerned the warrant for the enforced appearanc… Read Direct link

3Section 3 Tracing of Wanted Persons or Property

Read: Art. 210 – Principles Art. 210 – PrinciplesArt. 210 Principles 1 The public prosecutor, authorities responsible for prosecuting contraventions and courts may order the tracing of persons whose whereabouts are unknown and who are required to appear in the proceed… Read Direct link

Read: Art. 211 – Assistance from the public Art. 211 – Assistance from the publicArt. 211 Assistance from the public 1 The public may be requested to assist in tracing wanted persons or property. 2 The Confederation and the cantons may issue provisions in accordance with which members of the public… Read Direct link

3Section 1 General Provisions

Read: Art. 212 – Principles Art. 212 – PrinciplesArt. 212 Principles 1 An accused person shall remain at liberty. He or she may be subjected to compulsory measures involving deprivation of liberty only in accordance with the provisions of this Code. 2 Compulsory measu… Read Direct link

Read: Art. 213 – Access to premises Art. 213 – Access to premisesArt. 213 Access to premises 1 If it is necessary to enter houses, dwellings or other rooms that are not generally accessible in order to stop or arrest a person, the provisions on searching premises must be complied wit… Read Direct link

Read: Art. 214 – Notification Art. 214 – NotificationArt. 214 Notification 1 If a person is arrested, or placed on remand or in preventive detention, the relevant criminal justice authority shall immediately notify: a. his or her next-of-kin; b. if so requested, his or he… Read Direct link

3Section 2 Police Powers to Stop and of Pursuit

Read: Art. 215 – Police power to stop Art. 215 – Police power to stopArt. 215 Police power to stop 1 For the purpose of investigating an offence, the police may stop a person and if necessary bring that person to the police station in order to: a. establish the person's identity; b. ques… Read Direct link

Read: Art. 216 – Pursuit Art. 216 – PursuitArt. 216 Pursuit 1 The police are entitled in cases of urgency to pursue and stop a suspect on the territory of another commune, another canton and, if international agreements so permit, another country. 2 If the perso… Read Direct link

3Section 3 Arrest

Read: Art. 217 – By the police Art. 217 – By the policeArt. 217 By the police 1 The police are obliged to arrest a person and bring that person to the police station if: a. they have caught the person in the act of committing a felony or misdemeanour or they have encountere… Read Direct link

Read: Art. 218 – By private individuals Art. 218 – By private individualsArt. 218 By private individuals 1 Where there is insufficient time to obtain police assistance, members of the public have the right to arrest a person if: a. they have caught the person in the act of committing a felon… Read Direct link

Read: Art. 219 – Police procedure Art. 219 – Police procedureArt. 219 Police procedure 1 The police shall establish the identity of the arrested person immediately after the arrest, inform him or her of the reason for the arrest in a language the person can understand and caution… Read Direct link

3Section 4 Remand and Preventive Detention: General Provisions

Read: Art. 220 – Definitions Art. 220 – DefinitionsArt. 220 Definitions 1 Remand begins when it is ordered by the compulsory measures court and ends with the receipt by the court of first instance of the indictment, the accelerated commencement of a custodial sanction o… Read Direct link

Read: Art. 221 – Requirements Art. 221 – RequirementsArt. 221 Requirements 1 Remand and preventive detention are only permitted if there is a strong suspicion that the accused has committed a felony or misdemeanour and there is a serious concern that the accused: a. will… Read Direct link

Read: Art. 222 – Appellate remedies Art. 222 – Appellate remediesArt. 222 Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Appellate… Read Direct link

Read: Art. 223 – Communications with the defence in detention proceedings Art. 223 – Communications with the defence in detention proceedingsArt. 223 Communications with the defence in detention proceedings 1 The defence lawyer may be present in detention proceedings when the accused is interviewed or when other evidence is being gathered. 2 The accused may… Read Direct link

3Section 5 Remand

Read: Art. 224 – Remand proceedings before the public prosecutor Art. 224 – Remand proceedings before the public prosecutorArt. 224 Remand proceedings before the public prosecutor 1 The public prosecutor shall question the accused immediately and give the accused the opportunity to make a statement regarding the suspected offence and the gr… Read Direct link

Read: Art. 225 – Detention proceedings before the compulsory measures court Art. 225 – Detention proceedings before the compulsory measures courtArt. 225 Detention proceedings before the compulsory measures court 1 On receipt of the application from the public prosecutor, the compulsory measures court shall immediately arrange a private hearing with the public p… Read Direct link

Read: Art. 226 – Decision of the compulsory measures court Art. 226 – Decision of the compulsory measures courtArt. 226 Decision of the compulsory measures court 1 The compulsory measures court decides immediately, but at the latest within 48 hours of receipt of the application. 2 It shall give immediate notice of its decision t… Read Direct link

Read: Art. 227 – Application to extend the period of remand Art. 227 – Application to extend the period of remandArt. 227 Application to extend the period of remand 1 If the period on remand ordered by the compulsory measures court expires, the public prosecutor may file an application to extend the period of remand. If the compul… Read Direct link

Read: Art. 228 – Application for release from remand Art. 228 – Application for release from remandArt. 228 Application for release from remand 1 The accused may apply to the public prosecutor at any time in writing or orally on record for release from remand, subject to paragraph 5 below. The application must be acc… Read Direct link

3Section 6 Preventive Detention

Read: Art. 229 – Decision to order preventive detention Art. 229 – Decision to order preventive detentionArt. 229 Decision to order preventive detention 1 In cases where the accused has already been on remand, an application for preventive detention is filed in writing by the public prosecutor and the decision on whether t… Read Direct link

Read: Art. 230 – Release from preventive detention during the proceedings before the court of first instance Art. 230 – Release from preventive detention during the proceedings before the court of first instanceArt. 230 Release from preventive detention during the proceedings before the court of first instance 1 The accused and the public prosecutor may file an application for release from detention during the proceedings befo… Read Direct link

Read: Art. 231 – Preventive detention following the judgment of the court of first instance Art. 231 – Preventive detention following the judgment of the court of first instanceArt. 231 Preventive detention following the judgment of the court of first instance 1 The court of first instance shall decide in its judgment whether a person convicted should be placed or should remain in preventive d… Read Direct link

Read: Art. 232 – Preventive detention during proceedings before the court for Article 398 appeals Art. 232 – Preventive detention during proceedings before the court for Article 398 appealsArt. 232 Preventive detention during proceedings before the court for Article 398 appeals 1 If grounds for detention arise only during proceedings before the court for Article 398 appeals, the director of appellate proc… Read Direct link

Read: Art. 233 – Application for release from detention during proceedings before the court for Article 398 appeals Art. 233 – Application for release from detention during proceedings before the court for Article 398 appealsArt. 233 Application for release from detention during proceedings before the court for Article 398 appeals The director of appellate proceedings shall decide on an application for release from detention within 5 days;… Read Direct link

3Section 7 Execution of Remand and Preventive Detention

Read: Art. 234 – Detention centre Art. 234 – Detention centreArt. 234 Detention centre 1 Remand and preventive detention is normally carried out in detention centres reserved for this purpose and which are otherwise used only for the execution of short custodial sentences. 2 If i… Read Direct link

Read: Art. 235 – Conditions of detention Art. 235 – Conditions of detentionArt. 235 Conditions of detention 1 The detainee's personal freedom may not be more strictly limited than is required for the purpose of detention or for order and security in the detention centre. 2 Contact between the… Read Direct link

Read: Art. 236 – Accelerated execution of sentences and measures Art. 236 – Accelerated execution of sentences and measuresArt. 236 Accelerated execution of sentences and measures 1 The director of proceedings may authorise the accused to begin a custodial sentence or custodial measure in advance of the anticipated date, provided the status… Read Direct link

3Section 8 Alternative Measures

Read: Art. 237 – General Provisions Art. 237 – General ProvisionsArt. 237 General Provisions 1 The relevant court shall order one or more lenient measures instead of remand or preventive detention if such measures achieve the same result as detention. 2 Alternative measures include i… Read Direct link

Read: Art. 238 – Payment of money bail Art. 238 – Payment of money bailArt. 238 Payment of money bail 1 Where there is a risk that the accused may abscond, the relevant court may order payment of a sum of money in order to ensure that the accused appears for all procedural acts or to begin… Read Direct link

Read: Art. 239 – Return of the bail payment Art. 239 – Return of the bail paymentArt. 239 Return of the bail payment 1 The bail payment shall be returned if: a. the grounds for detention no longer apply; b. the criminal proceedings are concluded by a final judgment of abandonment or acquittal; c. th… Read Direct link

Read: Art. 240 – Forfeiture of the bail payment Art. 240 – Forfeiture of the bail paymentArt. 240 Forfeiture of the bail payment 1 If the accused absconds during the proceedings or the execution of a custodial sanction, the bail payment shall be forfeited to the Confederation or to the canton whose court or… Read Direct link

3Section 1 General Provisions

Read: Art. 241 – Authorisation Art. 241 – AuthorisationArt. 241 Authorisation 1 Searches shall be authorised by written warrant. In cases of urgency, they may be authorised orally, but this must be confirmed subsequently in writing. 2 The warrant shall indicate: a. the pers… Read Direct link

Read: Art. 242 – Conduct of searches Art. 242 – Conduct of searchesArt. 242 Conduct of searches 1 The authorities or persons carrying out the search shall take suitable safety precautions in order to achieve the aim of the measure. 2 They may prohibit persons from leaving during a sear… Read Direct link

Read: Art. 243 – Accidental finds Art. 243 – Accidental findsArt. 243 Accidental finds 1 Forensic evidence or items found that are not connected with the offence under investigation, but which appear to relate to a different offence shall be secured. 2 The items shall be handed o… Read Direct link

3Section 2 Searches of Premises

Read: Art. 244 – Principle Art. 244 – PrincipleArt. 244 Principle 1 Houses, dwellings and other rooms not generally accessible may only be searched with the consent the proprietor. 2 The proprietor's consent is not required if it is suspected that on the premises: a… Read Direct link

Read: Art. 245 – Conduct of searches Art. 245 – Conduct of searchesArt. 245 Conduct of searches 1 The persons authorised to carry out the search shall produce the search warrant at the start of the search. 2 Proprietors of premises being searched who are present must remain on the prem… Read Direct link

3Section 3 Search of Records and Recordings

Read: Art. 246 – Principle Art. 246 – PrincipleArt. 246 Principle Documents, audio, video and other recordings, data carriers and equipment for processing and storing information may be searched if it is suspected that they contain information that is liable to seiz… Read Direct link

Read: Art. 247 – Conduct Art. 247 – ConductArt. 247 Conduct 1 The holder may comment before a search on the content of records. 2 Experts may be called in to examine the content of records, and in particular to identify records with protected content. 3 The hold… Read Direct link

Read: Art. 248 – Sealing of evidence Art. 248 – Sealing of evidenceArt. 248 Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Sealing of… Read Direct link

Read: Art. 248a – Responsibility and procedure for removing seals Art. 248a – Responsibility and procedure for removing sealsArt. 248a Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Respons… Read Direct link

3Section 4 Searches of Persons and Property

Read: Art. 249 – Principle Art. 249 – PrincipleArt. 249 Principle Persons and property may only be searched without consent if it is suspected that forensic evidence or items or assets that must be seized may be found. Read Direct link

Read: Art. 250 – Conduct Art. 250 – ConductArt. 250 Conduct 1 Searching persons includes the examination of clothing, items carried by the person concerned, containers and vehicles, the surface of the body and visible body orifices and body cavities. 2 Searches… Read Direct link

3Section 5 Examination of Persons

Read: Art. 251 – Principle Art. 251 – PrincipleArt. 251 Principle 1 An examination of a person includes an examination of their physical or mental condition. 2 The accused may be questioned in order to: a. establish the facts of the case; b. establish whether the he… Read Direct link

Read: Art. 251a – Alcohol breath test, blood and urine test Art. 251a – Alcohol breath test, blood and urine testArt. 251a Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Alcohol… Read Direct link

Read: Art. 252 – Conduct of physical examinations Art. 252 – Conduct of physical examinationsArt. 252 Conduct of physical examinations Examinations of persons and interventions in their physical integrity shall be carried out by a doctor or another medical specialist. Read Direct link

3Section 6 Examination of Dead Bodies

Read: Art. 253 – Unnatural deaths Art. 253 – Unnatural deathsArt. 253 Unnatural deaths 1 If there are indications that a death did not occur naturally, and in particular indications of an offence, or if the body is unidentified, the public prosecutor shall order an examination of… Read Direct link

Read: Art. 254 – Exhumation Art. 254 – ExhumationArt. 254 Exhumation If it appears necessary in for the proper investigation of an offence, the exhumation of a body or the opening of an urn containing its ashes may be ordered. Read Direct link

3Section 1 DNA Profiles

Read: Art. 255 – General requirements Art. 255 – General requirementsArt. 255 General requirements 1 In order to investigate the felony or misdemeanour that is the subject of the proceedings, a sample may be taken to create a DNA profile of: Amended by No I of the FA of 17 June 2022, in… Read Direct link

Read: Art. 256 – Mass testing Art. 256 – Mass testingArt. 256 Amended by Annex 1 No 2 of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44). Amended by Annex 1 No 2 of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44)… Read Direct link

Read: Art. 257 – Convicted persons Art. 257 – Convicted personsArt. 257 Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Convicted… Read Direct link

Read: Art. 258 – Taking samples Art. 258 – Taking samplesArt. 258 Taking samples Where invasive methods are used to take samples, the sample shall be taken by a doctor or another medical specialist. Read Direct link

Read: Art. 258a – Familial searches Art. 258a – Familial searchesArt. 258a Inserted by Annex 1 No 2 of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44). Inserted by Annex 1 No 2 of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021… Read Direct link

3Section 2 Phenotyping

Read: Art. 258b – Phenotyping Art. 258b – PhenotypingArt. 258b Inserted by Annex 1 No 2 of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44). Inserted by Annex 1 No 2 of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021… Read Direct link

Read: Art. 259 – Application of the DNA Profiles Act Art. 259 – Application of the DNA Profiles ActArt. 259 Application of the DNA Profiles Act The DNA Profiles Act of 20 June 2003SR 363 also applies. SR 363 Read Direct link

3Section 1 Surveillance of Post and Telecommunications

Read: Art. 269 – Requirements Art. 269 – RequirementsArt. 269 Requirements 1 The public prosecutor may arrange for post and telecommunications to be monitored if: a. there is a strong suspicion that an offence listed in paragraph 2 has been committed; b. the seriousness o… Read Direct link

Read: Art. 269bis – Use of special technical devices for the surveillance of telecommunications Art. 269bis – Use of special technical devices for the surveillance of telecommunicationsArt. 269bis Inserted by Annex No II 1 of the FA of 18 March 2016 on the Surveillance of Postal and Telecommunications Traffic, in force since 1 March 2018 (AS 2018 117; BBl 2013 2683). Inserted by Annex No II 1 of the F… Read Direct link

Read: Art. 269ter – Use of special software for the surveillance of telecommunications Art. 269ter – Use of special software for the surveillance of telecommunicationsArt. 269ter Inserted by Annex No II 1 of the FA of 18 March 2016 on the Surveillance of Postal and Telecommunications Traffic, in force since 1 March 2018 (AS 2018 117; BBl 2013 2683). Inserted by Annex No II 1 of the F… Read Direct link

Read: Art. 269quater – Requirements applicable to special software for the surveillance of telecommunications Art. 269quater – Requirements applicable to special software for the surveillance of telecommunicationsArt. 269quater Inserted by Annex No II 1 of the FA of 18 March 2016 on the Surveillance of Postal and Telecommunications Traffic, in force since 1 March 2018 (AS 2018 117; BBl 2013 2683). Inserted by Annex No II 1 of th… Read Direct link

Read: Art. 270 – Subject matter of surveillance Art. 270 – Subject matter of surveillanceArt. 270 Subject matter of surveillance The post and telecommunications of the following persons may be monitored: Amended by Annex No II 1 of the FA of 18 March 2016 on the Surveillance of Postal and Telecommunications… Read Direct link

Read: Art. 271 – Preservation of professional confidentiality Art. 271 – Preservation of professional confidentialityArt. 271 Amended by Annex No II 1 of the FA of 18 March 2016 on the Surveillance of Postal and Telecommunications Traffic, in force since 1 March 2018 (AS 2018 117; BBl 2013 2683). Amended by Annex No II 1 of the FA of… Read Direct link

Read: Art. 272 – Duty to obtain authorisation andgeneral authorisation Art. 272 – Duty to obtain authorisation andgeneral authorisationArt. 272 Duty to obtain authorisation andgeneral authorisation 1 The surveillance of post and telecommunications requires the authorisation of the compulsory measures court. 2 If enquiries reveal that the person under s… Read Direct link

Read: Art. 273 – Subscriber information, location identification and technical transmission features Art. 273 – Subscriber information, location identification and technical transmission featuresArt. 273 Amended by Annex No II 1 of the FA of 18 March 2016 on the Surveillance of Postal and Telecommunications Traffic, in force since 1 March 2018 (AS 2018 117; BBl 2013 2683). Amended by Annex No II 1 of the FA of… Read Direct link

Read: Art. 274 – Authorisation procedure Art. 274 – Authorisation procedureArt. 274 Authorisation procedure 1 The public prosecutor shall submit the following documents to the compulsory measures court within 24 hours of surveillance or the release of information being ordered: a. the order; b… Read Direct link

Read: Art. 275 – Conclusion of surveillance Art. 275 – Conclusion of surveillanceArt. 275 Conclusion of surveillance 1 The public prosecutor shall stop surveillance immediately if: a. the requirements are no longer fulfilled; or b. the authorisation or its extension is refused. 2 In cases under para… Read Direct link

Read: Art. 276 – Results not required Art. 276 – Results not requiredArt. 276 Results not required 1 Records of authorised surveillance operations that are not required for criminal proceedings shall be stored separately from the case documents and destroyed immediately on conclusion of… Read Direct link

Read: Art. 277 – Use of the results of unauthorised surveillance operations Art. 277 – Use of the results of unauthorised surveillance operationsArt. 277 Use of the results of unauthorised surveillance operations 1 Documents and data carriers obtained in unauthorised surveillance activities must be destroyed immediately. Postal items must be delivered to the add… Read Direct link

Read: Art. 278 – Accidental finds Art. 278 – Accidental findsArt. 278 Accidental finds 1 If in the course of surveillance operations offences other than those specified in the surveillance order come to light, these findings may be used against the accused provided surveillance w… Read Direct link

Read: Art. 279 – Notice Art. 279 – NoticeArt. 279 Notice 1 The public prosecutor shall notify the suspect under surveillance and third parties under surveillance in terms of Article 270 letter b of the reason for and form and duration of the surveillance opera… Read Direct link

3Section 2 Surveillance using Technical Surveillance Devices

Read: Art. 280 – Permitted use Art. 280 – Permitted useArt. 280 Permitted use The public prosecutor may use technical surveillance devices in order to: a. listen to or record words spoken in private; b. observe or record events in private or not generally accessible places;… Read Direct link

Read: Art. 281 – Requirements and conduct Art. 281 – Requirements and conductArt. 281 Requirements and conduct 1 Devices may only be used in relation to a suspect. 2 Premises or vehicles of third parties may only be monitored if there is reason to believe on the basis of specific information tha… Read Direct link

3Section 3 Observation

Read: Art. 282 – Requirements Art. 282 – RequirementsArt. 282 Requirements 1 The public prosecutor and, in the enquiries, the police may covertly observe persons and property in generally accessible locations and make image or sound recordings while doing so if: a. there… Read Direct link

Read: Art. 283 – Notice Art. 283 – NoticeArt. 283 Notice 1 The public prosecutor shall notify the persons directly concerned by observation activities of the reason for and form and duration of the observation activities on conclusion of the preliminary procee… Read Direct link

3Section 4 Surveillance of Banking Transactions

Read: Art. 284 – Principle Art. 284 – PrincipleArt. 284 Principle In order to investigate felonies or misdemeanours, the compulsory measures court may, at the request of the public prosecutor, order the surveillance of transactions between a suspect and a bank or ba… Read Direct link

Read: Art. 285 – Conduct Art. 285 – ConductArt. 285 Conduct 1 If the compulsory measures court authorises the application, it shall issue the bank or bank-type institution with written instruction on: a. the information and documents to be provided b. the secrec… Read Direct link

3Section 5 Undercover Investigations

Read: Art. 285a – Definition Art. 285a – DefinitionArt. 285a Inserted by No I of the FA of 14 Dec. 2012 on Undercover Investigations and Enquiries, in force since 1 May 2013 (AS 2013 1051; BBl 2012 5591 5609). Inserted by No I of the FA of 14 Dec. 2012 on Undercover Inv… Read Direct link

Read: Art. 286 – Requirements Art. 286 – RequirementsArt. 286 Requirements 1 The public prosecutor may order an undercover investigation if: a. it is suspected that an offence listed in paragraph 2 has been committed; b. the seriousness of the offence justifies the covert… Read Direct link

Read: Art. 287 – Requirements for the persons deployed Art. 287 – Requirements for the persons deployedArt. 287 Requirements for the persons deployed 1 The following persons may be deployed as undercover investigators: a. members of a Swiss or foreign police force; b. persons employed temporarily on police duties even if… Read Direct link

Read: Art. 288 – Cover and guarantee of anonymity Art. 288 – Cover and guarantee of anonymityArt. 288 Cover and guarantee of anonymity 1 The police shall provide undercover investigators with a cover. Amended by No I of the FA of 14 Dec. 2012 on Undercover Investigations and Enquiries, in force since 1 May 2013… Read Direct link

Read: Art. 289 – Authorisation procedure Art. 289 – Authorisation procedureArt. 289 Authorisation procedure 1 The deployment of an undercover investigator requires the authorisation of the compulsory measures court. 2 The public prosecutor shall submit the following documents to the compulsory… Read Direct link

Read: Art. 290 – Briefing before deployment Art. 290 – Briefing before deploymentArt. 290 Briefing before deployment The public prosecutor shall brief the commanding officer and the undercover investigator before deployment. Read Direct link

Read: Art. 291 – Commanding officer Art. 291 – Commanding officerArt. 291 Commanding officer 1 During deployment, the undercover investigator is subject to the direct instructions of the commanding officer. During deployment, any contact between the public prosecutor and the undercov… Read Direct link

Read: Art. 292 – Duties of undercover investigators Art. 292 – Duties of undercover investigatorsArt. 292 Duties of undercover investigators 1 Undercover investigators shall carry out their operation in accordance their duties and in line with their instructions. 2 They shall report to their commanding officer regu… Read Direct link

Read: Art. 293 – Scope of influence permitted Art. 293 – Scope of influence permittedArt. 293 Scope of influence permitted 1 Undercover investigators may not generally encourage others to commit offences or incite persons already willing to commit offences to commit more serious offences. They must limi… Read Direct link

Read: Art. 294 – No criminal liability Art. 294 – No criminal liabilityArt. 294 Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). No crimina… Read Direct link

Read: Art. 295 – Money for simulated transactions Art. 295 – Money for simulated transactionsArt. 295 Money for simulated transactions 1 At the request of the public prosecutor, the Confederation may provide sums of money via the National Bank in the required amounts, forms and denominations for the purpose of… Read Direct link

Read: Art. 296 – Accidental finds Art. 296 – Accidental findsArt. 296 Accidental finds 1 Where evidence of an offence other than that named in the investigation order comes to light in the course of an undercover investigation, the evidence may be used provided the ordering of a… Read Direct link

Read: Art. 297 – Conclusion of the operation Art. 297 – Conclusion of the operationArt. 297 Conclusion of the operation 1 The public prosecutor shall terminate the operation immediately if: a. the requirements are no longer met; b. authorisation or an extension thereof is refused; or c. the undercover… Read Direct link

Read: Art. 298 – Notice Art. 298 – NoticeArt. 298 Notice 1 The public prosecutor shall give notice to the accused at the latest on conclusion of the preliminary proceedings that he or she has been the subject of an undercover investigation. 2 Notice may be def… Read Direct link

3Section 5a Undercover Enquiries

Read: Art. 298a – Definition Art. 298a – DefinitionArt. 298a Definition 1 In undercover enquiries, police officers deployed for short periods in such a way that their true identity and function remains concealed attempt to investigate felonies and misdemeanours and to d… Read Direct link

Read: Art. 298b – Requirements Art. 298b – RequirementsArt. 298b Requirements 1 The public prosecutor and, during police enquiries, the police may order undercover enquiries if: a. it is suspected that a felony or misdemeanour has been committed; and b. previous enquiries o… Read Direct link

Read: Art. 298c – Requirements for the persons deployed and conduct Art. 298c – Requirements for the persons deployed and conductArt. 298c Requirements for the persons deployed and conduct 1 Article 287 applies mutatis mutandis to the persons deployed. The deployment of persons in accordance with Article 287 paragraph 1 letter b is not permitted.… Read Direct link

Read: Art. 298d – Termination and notification Art. 298d – Termination and notificationArt. 298d Termination and notification 1 The police unit or public prosecutor responsible shall terminate the undercover enquiries immediately if: a. the requirements therefor are no longer met; b. public prosecutor fai… Read Direct link

3Section 1 Duties of the Public Prosecutor

Read: Art. 308 – Definition and purpose of the investigation Art. 308 – Definition and purpose of the investigationArt. 308 Definition and purpose of the investigation 1 In the investigation, the public prosecutor shall clarify the factual and legal aspects of the case in order that it may conclude the preliminary proceedings. 2 If… Read Direct link

Read: Art. 309 – Opening the investigation Art. 309 – Opening the investigationArt. 309 Opening the investigation 1 The public prosecutor shall open an investigation if: a. there is a reasonable suspicion that an offence has been committed based on the information and reports from the police, the… Read Direct link

Read: Art. 310 – No-proceedings order Art. 310 – No-proceedings orderArt. 310 No-proceedings order 1 The public prosecutor shall rule that no proceedings be taken as soon as it is established on the basis of the complaint or the police report that: a. the elements of the offence concerne… Read Direct link

3Section 2 Conduct of the Investigation

Read: Art. 311 – Gathering of evidence and extending the investigation Art. 311 – Gathering of evidence and extending the investigationArt. 311 Gathering of evidence and extending the investigation 1 The public prosecutors shall gather the evidence themselves. The Confederation and the cantons shall decide on the extent to which they may delegate speci… Read Direct link

Read: Art. 312 – Assignments given by the public prosecutor to the police Art. 312 – Assignments given by the public prosecutor to the policeArt. 312 Assignments given by the public prosecutor to the police 1 The public prosecutor may instruct the police to carry out additional enquiries after the investigation has been opened. It shall issue written instruc… Read Direct link

Read: Art. 313 – Taking evidence for civil claims Art. 313 – Taking evidence for civil claimsArt. 313 Taking evidence for civil claims 1 The public prosecutor shall gather the evidence required to assess the civil claim provided the proceedings are not unduly extended or delayed thereby. 2 It may the make the g… Read Direct link

Read: Art. 314 – Suspension Art. 314 – SuspensionArt. 314 Suspension 1 The public prosecutor may suspend an investigation, in particular if: a. the identity of the offender or his or her whereabouts is unknown is or there are other temporary procedural impediments; b.… Read Direct link

Read: Art. 315 – Resumption of proceedings Art. 315 – Resumption of proceedingsArt. 315 Resumption of proceedings 1 The public prosecutor shall resume a suspended investigation ex officio if the grounds for suspension no longer apply. 2 A decision to resume proceedings may not be contested. Read Direct link

3Section 3 Private Settlements

Read: Art. 316 – Private Settlements Art. 316Art. 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 co… Read Direct link

3Section 4 Conclusion of the Investigation

Read: Art. 317 – Final examination hearing Art. 317 – Final examination hearingArt. 317 Final examination hearing In extensive and complex preliminary proceedings, the public prosecutor shall question the accused again in a final examination hearing before concluding the investigation and request… Read Direct link

Read: Art. 318 – Conclusion Art. 318 – ConclusionArt. 318 Conclusion 1 If the public prosecutor regards the investigation as completed, it shall issue a summary penalty order or give written notice to those parties whose address is known of the imminent conclusion of… Read Direct link

3Section 1 Abandoning Proceedings

Read: Art. 319 – Grounds Art. 319 – GroundsArt. 319 Grounds 1 The public prosecutor shall order the complete or partial abandonment of the proceedings if: a. no suspicions are substantiated that justify bringing charges; b. the conduct does not fulfil the elemen… Read Direct link

Read: Art. 320 – Ruling abandoning proceedings Art. 320 – Ruling abandoning proceedingsArt. 320 Ruling abandoning proceedings 1 The form and general content of the ruling abandoning proceedings are governed by Articles 80 and 81. 2 The public prosecutor shall revoke existing compulsory measures in the rul… Read Direct link

Read: Art. 321 – Notice Art. 321 – NoticeArt. 321 Notice 1 The public prosecutor shall give notice of the ruling abandoning proceedings to: a. the parties; b. the victim; c. the other persons involved in the proceedings affected by the ruling; d. any other aut… Read Direct link

Read: Art. 322 – Approval and rights of appeal Art. 322 – Approval and rights of appealArt. 322 Approval and rights of appeal 1 The Confederation and the cantons may stipulate that the ruling abandoning proceedings be approved by the Office of the Chief Cantonal Prosecutor. 2 The parties may contest the r… Read Direct link

Read: Art. 323 – Reopening of proceedings Art. 323 – Reopening of proceedingsArt. 323 Reopening of proceedings 1 The public prosecutor shall order the reopening of proceedings that have been abandoned by a legally-binding ruling if it obtains new evidence or information that: a. indicates that t… Read Direct link

3Section 2 Bringing Charges

Read: Art. 324 – Principles Art. 324 – PrinciplesArt. 324 Principles 1 The public prosecutor shall bring charges in the competent court if, based on the results of the investigation, it regards the grounds for suspicion as sufficient and it is not competent to issue a… Read Direct link

Read: Art. 325 – Content of the indictment Art. 325 – Content of the indictmentArt. 325 Content of the indictment 1 The indictment shall indicate: a. the place and the date; b. the public prosecutor bringing the charges; c. the court competent to hear the charges; d. the accused and his or her def… Read Direct link

Read: Art. 326 – Further information and applications Art. 326 – Further information and applicationsArt. 326 Further information and applications 1 The public prosecutor shall provide the court with the following details and make the following applications unless they are already included in the indictment: a. the pri… Read Direct link

Read: Art. 327 – Service of the indictment Art. 327 – Service of the indictmentArt. 327 Service of the indictment 1 The public prosecutor shall immediately serve the indictment together with any final report: a. on the accused, provided his or her whereabouts is known; b. on the private claimant;… Read Direct link

3Section 1 Court and Persons involved in the Proceedings

Read: Art. 335 – Composition of the court Art. 335 – Composition of the courtArt. 335 Composition of the court 1 The court shall sit for the entire duration of the trial in the composition required by law and in the presence of a clerk of court. 2 If a judge becomes unable to attend during the t… Read Direct link

Read: Art. 336 – Accused, duty defence lawyer and mandatory defence lawyer Art. 336 – Accused, duty defence lawyer and mandatory defence lawyerArt. 336 Accused, duty defence lawyer and mandatory defence lawyer 1 The accused must attend the trial in person if: a. the case involves a felony or misdemeanour; or b. the director of proceedings orders a personal app… Read Direct link

Read: Art. 337 – Public prosecutor Art. 337 – Public prosecutorArt. 337 Public prosecutor 1 The public prosecutor may submit written applications to the court or be represented by a prosecutor in court. 2 It is neither bound by the legal assessment nor by the applications set out i… Read Direct link

Read: Art. 338 – Private claimant and third parties Art. 338 – Private claimant and third partiesArt. 338 Private claimant and third parties 1 The director of proceedings may dispense with the requirements for a private claimant to attend at the claimant's request if his or her presence is not required. 2 A third p… Read Direct link

3Section 2 Commencement of the Trial

Read: Art. 339 – Opening; Preliminary and supplementary issues Art. 339 – Opening; Preliminary and supplementary issuesArt. 339 Opening; Preliminary and supplementary issues 1 The director of proceedings shall open the trial, announce the composition of the court and establish whether the persons summoned are present. 2 The court and th… Read Direct link

Read: Art. 340 – Continuation of the hearing Art. 340 – Continuation of the hearingArt. 340 Continuation of the hearing 1 The fact that any preliminary issues have been dealt with has the following consequences: a. the trial must be conducted to its completion without unnecessary interruptions; b. the… Read Direct link

3Section 3 Procedure for Taking Evidence

Read: Art. 341 – Examination hearings Art. 341 – Examination hearingsArt. 341 Examination hearings 1 The director of proceedings or a member of the court that they have appointed shall conduct the examination hearings. 2 The other members of the court and the parties may request the dire… Read Direct link

Read: Art. 342 – Division of the trial Art. 342 – Division of the trialArt. 342 Division of the trial 1 At the request of the accused or the public prosecutor or ex officio, the trial may be divided into two parts; in this event, it may be stipulated that: a. in the first part of the proce… Read Direct link

Read: Art. 343 – Taking of evidence Art. 343 – Taking of evidenceArt. 343 Taking of evidence 1 The court shall take new evidence and add to evidence already taken that is incomplete. 2 It shall take evidence again that was not taken in the proper manner in the preliminary proceedings… Read Direct link

Read: Art. 344 – Differences in legal assessment Art. 344 – Differences in legal assessmentArt. 344 Differences in legal assessment If the court intends to make an assessment of the legal aspects of the case that differs from that of public prosecutor in the indictment, it shall give notice of this to the par… Read Direct link

Read: Art. 345 – Conclusion of the procedure for taking evidence Art. 345 – Conclusion of the procedure for taking evidenceArt. 345 Conclusion of the procedure for taking evidence Before concluding the procedure for taking evidence, the court shall give the parties the opportunity to submit additional requests for further evidence to be tak… Read Direct link

3Section 4 Party Submissions and Conclusion of the Party Hearing

Read: Art. 346 – Party submissions Art. 346 – Party submissionsArt. 346 Party submissions 1 On conclusion of the procedure for taking evidence, the parties shall present and justify their applications. The parties shall make their submissions in the following order: a. the public p… Read Direct link

Read: Art. 347 – Conclusion of the party hearing Art. 347 – Conclusion of the party hearingArt. 347 Conclusion of the party hearing 1 The accused is entitled to have the last word on conclusion of the party submissions. 2 The director of proceedings shall then declare the party hearing closed. Read Direct link

3Section 5 Judgment

Read: Art. 348 – Deliberations on the judgment Art. 348 – Deliberations on the judgmentArt. 348 Deliberations on the judgment 1 The court shall retire on conclusion of the party hearing in order to deliberate on the judgment in private. 2 The clerk of court shall participate in an advisory capacity. Read Direct link

Read: Art. 349 – Additional evidence Art. 349 – Additional evidenceArt. 349 Additional evidence If the court is not yet in a position to issue a judgment in the case, it may decide to take additional evidence and the reopen the party hearing. Read Direct link

Read: Art. 350 – Latitude in assessing the charge; Basis for the judgment Art. 350 – Latitude in assessing the charge; Basis for the judgmentArt. 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. 2 It shall take account of t… Read Direct link

Read: Art. 351 – Decision on and notice of the judgment Art. 351 – Decision on and notice of the judgmentArt. 351 Decision on and notice of the judgment 1 If the court is able to decide on the substance of the charge, it shall reach a verdict, and a decision on the sanctions and other consequences. 2 It shall reach its dec… Read Direct link

3Section 1 Summary Penalty Order Procedure

Read: Art. 352 – Requirements Art. 352 – RequirementsArt. 352 Requirements 1 If the accused has accepted responsibility for the offence in the preliminary proceedings or if his or her responsibility has otherwise been satisfactorily established, the public prosecutor shal… Read Direct link

Read: Art. 352a – Examination hearing Art. 352a – Examination hearingArt. 352a Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Examina… Read Direct link

Read: Art. 353 – Content and notice of the summary penalty order Art. 353 – Content and notice of the summary penalty orderArt. 353 Content and notice of the summary penalty order 1 The summary penalty order contains: a. the name of the authority issuing the order; b. the name of the accused; c. a description of the act committed by the acc… Read Direct link

Read: Art. 354 – Rejection Art. 354 – RejectionArt. 354 Rejection 1 A written rejection of the summary penalty order may be filed with the public prosecutor within 10 days by: a. the accused; abis. Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 20… Read Direct link

Read: Art. 355 – Procedure for rejection Art. 355 – Procedure for rejectionArt. 355 Procedure for rejection 1 If a rejection is filed, the public prosecutor shall gather the additional evidence required to assess the rejection. 2 If the person filing the rejection fails to attend an examinatio… Read Direct link

Read: Art. 356 – Procedure before the court of first instance Art. 356 – Procedure before the court of first instanceArt. 356 Procedure before the court of first instance 1 If the public prosecutor decides to stand by the summary penalty order, it shall send the files immediately to the court of first instance for the conduct of the m… Read Direct link

3Section 2 Contravention Proceedings

Read: Art. 357 – Contravention Proceedings Art. 357Art. 357 1 The administrative authorities appointed to prosecute and adjudicate contraventions have the powers of the public prosecutor. 2 The procedure is governed mutatis mutandis by the regulations on the summary pen… Read Direct link

3Section 1 Requirements and Conduct

Read: Art. 366 – Requirements Art. 366 – RequirementsArt. 366 Requirements 1 If an accused who has been duly summoned fails to appear before the court of first instance, the court shall fix a new hearing and summon the person again or arrange for him or her to be brought… Read Direct link

Read: Art. 367 – Conduct and decision Art. 367 – Conduct and decisionArt. 367 Conduct and decision 1 The parties and the defence shall be permitted to make party submissions. 2 The court shall reach its judgment based on the evidence taken in the preliminary proceedings and the main proc… Read Direct link

3Section 2 Re-assessment

Read: Art. 368 – Application for a re-assessment Art. 368 – Application for a re-assessmentArt. 368 Application for a re-assessment 1 If it is possible to serve the judgment in absentia personally, the person convicted shall be notified that he or she has 10 days to make a written or oral application to the c… Read Direct link

Read: Art. 369 – Procedure Art. 369 – ProcedureArt. 369 Procedure 1 If it is probable that the requirements for a re-assessment will be met, the director of proceedings shall fix a new trial. At this hearing, the court shall decide on the application for re-assessme… Read Direct link

Read: Art. 370 – New judgment Art. 370 – New judgmentArt. 370 New judgment 1 The court shall issue a new judgment, which is subject to the customary rights of appeal. 2 When the new judgment becomes legally binding, the judgment in absentia, any appeal against the same an… Read Direct link

Read: Art. 371 – Relationship to an Article 398 appeal Art. 371 – Relationship to an Article 398 appealArt. 371 Relationship to an Article 398 appeal 1 Within the applicable time limit, a person convicted may file an Article 398 appeal against the judgment in absentia in addition to or instead of the application for re-a… Read Direct link

3Section 1 Good Behaviour Bond Order

Read: Art. 372 – Requirements and jurisdiction Art. 372 – Requirements and jurisdictionArt. 372 Requirements and jurisdiction 1 If it is not competent to order a good behaviour bond in terms of Article 66 SCCSR 311.0 in the course of the criminal proceedings against the accused, separate proceedings shall… Read Direct link

Read: Art. 373 – Procedure Art. 373 – ProcedureArt. 373 Procedure 1 The public prosecutor shall question the persons involved and then pass the files to the compulsory measures court. The court shall order the measures mentioned in Article 66 SCCSR 311.0. The person… Read Direct link

3Section 2 Procedure where the Accused is not legally responsible because of a Mental Disorder

Read: Art. 374 – Requirements andprocedure Art. 374 – Requirements andprocedureArt. 374 Requirements andprocedure 1 If an accused is not legally responsible because of a mental disorder and if the application of Article 19 paragraph 4 or 263 SCCSR 311.0 is not an option, the public prosecutor shal… Read Direct link

Read: Art. 375 – Decision Art. 375 – DecisionArt. 375 Decision 1 The court shall order the measures requested or other measures if it is satisfied that the accused committed the act but is not legally responsible due to a mental disorder and that measure is requir… Read Direct link

3Section 3 Separate Forfeiture Proceedings

Read: Art. 376 – Requirements Art. 376 – RequirementsArt. 376 Requirements Separate forfeiture proceedings are conducted if a decision must be made on the forfeiture of property or assets outside of criminal proceedings. Read Direct link

Read: Art. 377 – Procedure Art. 377 – ProcedureArt. 377 Procedure 1 Property or assets that will probably be forfeited in separate proceedings shall be seized. 2 If the requirements for forfeiture are fulfilled the public prosecutor shall order their forfeiture in a… Read Direct link

Read: Art. 378 – Use for the benefit of the person suffering harm Art. 378 – Use for the benefit of the person suffering harmArt. 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 hi… Read Direct link

3Section 1 General Provisions

Read: Art. 398 – Admissibility and grounds Art. 398 – Admissibility and groundsArt. 398 Admissibility and grounds 1 An appeal under this article is permitted against judgments of courts of first instance that conclude the proceedings in their entirety or in part, and against individual subsequent… Read Direct link

Read: Art. 399 – Notice of intention to appeal and Article 398 appeal petition Art. 399 – Notice of intention to appeal and Article 398 appeal petitionArt. 399 Notice of intention to appeal and Article 398 appeal petition 1 Notice of intention to file an Article 398 appeal must be given in writing or orally to the court of first instance within 10 days of the issuing… Read Direct link

Read: Art. 400 – Preliminary examination Art. 400 – Preliminary examinationArt. 400 Preliminary examination 1 If it is not clear from the Article 398 appeal petition whether the first instance judgment is being contested in its entirety or only in part, the director of appeal proceedings shall… Read Direct link

Read: Art. 401 – Cross-appeal Art. 401 – Cross-appealArt. 401 Cross-appeal 1 Cross-appeals are governed mutatis mutandis by Article 399 paragraphs 3 and 4. 2 They are not limited to the scope of the main Article 398 appeal, unless it relates solely to the civil aspect of… Read Direct link

Read: Art. 402 – Effect of the Article 398 appeal Art. 402 – Effect of the Article 398 appealArt. 402 Effect of the Article 398 appeal An Article 398 appeal has suspensive effect with regard to the matters contested. Read Direct link

3Section 2 Procedure

Read: Art. 403 – Decision to consider the substance of the Article 398 appeal Art. 403 – Decision to consider the substance of the Article 398 appealArt. 403 Decision to consider the substance of the Article 398 appeal 1 The court for Article 398 appeals shall decide in written proceedings whether it should consider the substance of the appeal where the director of… Read Direct link

Read: Art. 404 – Extent of consideration Art. 404 – Extent of considerationArt. 404 Extent of consideration 1 The court for Article 398 appeals shall consider only the contested points in the first instance judgment. 2 It may also consider points not contested for the benefit of the accused in… Read Direct link

Read: Art. 405 – Oral procedure Art. 405 – Oral procedureArt. 405 Oral procedure 1 The oral Article 398 appeal hearing is governed by the provisions on the trial in first instance. 2 If the accused or the private claimant filed the appeal or cross-appeal, the director of proc… Read Direct link

Read: Art. 406 – Written procedure Art. 406 – Written procedureArt. 406 Written procedure 1 The court for Article 398 appeals may deal with the appeal in written proceedings if: a. its decision relates solely to legal issues; b. only the civil aspect is being contested; c. the subj… Read Direct link

Read: Art. 407 – Default by the parties Art. 407 – Default by the partiesArt. 407 Default by the parties 1 The Article 398 appeal or cross-appeal is deemed to have been withdrawn if the party that has filed it: a. fails without excuse to attend or to arrange to be represented at the oral app… Read Direct link

3Section 3 Appeal Decision

Read: Art. 408 – New judgment Art. 408 – New judgmentArt. 408 New judgment 1 If the court for Article 398 appeals decides to consider the substance of an Article 398 appeal, it shall issue a new judgment which replaces the first instance judgment. 2 The court for Article… Read Direct link

Read: Art. 409 – Quashing the judgment and remitting the case Art. 409 – Quashing the judgment and remitting the caseArt. 409 Quashing the judgment and remitting the case 1 If the proceedings in the first instance were so seriously flawed that they cannot be rectified by the Article 398 appeal proceedings, the court for Article 398 ap… Read Direct link

3Section 1 Accused

Read: Art. 429 – Rights Art. 429 – RightsArt. 429 Rights 1 If the accused is wholly or partly acquitted or if the proceedings against the accused are abandoned, he or she is entitled to: a. Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024… Read Direct link

Read: Art. 430 – Reduction or refusal of compensation or satisfaction Art. 430 – Reduction or refusal of compensation or satisfactionArt. 430 Reduction or refusal of compensation or satisfaction 1 The criminal justice authority may reduce the compensation or satisfaction or refuse to pay if: a. the accused has unlawfully and culpably brought about th… Read Direct link

Read: Art. 431 – Compensation and satisfaction for unlawfully applied compulsory measures and detention for an excessive period Art. 431 – Compensation and satisfaction for unlawfully applied compulsory measures and detention for an excessive periodArt. 431 Compensation and satisfaction for unlawfully applied compulsory measures and detention for an excessive period Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).… Read Direct link

Read: Art. 432 – Rights in relation to the private claimant and the complainant Art. 432 – Rights in relation to the private claimant and the complainantArt. 432 Rights in relation to the private claimant and the complainant 1 The accused, if acquitted, is entitled to appropriate compensation from the private claimant in respect of expenditure incurred in relation to th… Read Direct link

3Section 2 Private Claimant and Third Parties

Read: Art. 433 – Private claimant Art. 433 – Private claimantArt. 433 Private claimant 1 The private claimant is entitled to appropriate compensation from the accused for costs incurred in the proceedings if: a. the claim is successful; or b. the accused is liable to pay costs in… Read Direct link

Read: Art. 434 – Third parties Art. 434 – Third partiesArt. 434 Third parties 1 Third parties have the right to appropriate compensation for losses that are not otherwise covered and to satisfaction if they have incurred losses as a result of procedural acts or in providing… Read Direct link

3Section 3 Special Provisions

Read: Art. 435 – Time limits Art. 435 – Time limitsArt. 435 Time limits Claims for compensation and satisfaction against the Confederation or the canton must be filed within 10 years of the date on which the decision becomes legally binding. Read Direct link

Read: Art. 436 – Compensation and satisfaction in appellate proceedings Art. 436 – Compensation and satisfaction in appellate proceedingsArt. 436 Compensation and satisfaction in appellate proceedings 1 Claims for compensation and satisfaction in appellate proceedings are governed by Articles 429–434. 2 Where the accused is neither fully nor partly acqui… Read Direct link

3Section 1 General Procedural Provisions

Read: Art. 448 – Applicable law Art. 448 – Applicable lawArt. 448 Applicable law 1 Proceedings that are pending when this Code comes into force shall be continued in accordance with the new law unless the following provisions provide otherwise. 2 Procedural acts that were ord… Read Direct link

Read: Art. 449 – Jurisdiction Art. 449 – JurisdictionArt. 449 Jurisdiction 1 Proceedings that are pending when this Code comes into force shall be continued by the competent authorities under the new law unless the following provisions provide otherwise. 2 Conflicts on ju… Read Direct link

3Section 2 Main Proceedings of First Instance and Special Proceedings

Read: Art. 450 – Main proceedings of first instance Art. 450 – Main proceedings of first instanceArt. 450 Main proceedings of first instance If the trial has already begun when this Code comes into force, it shall be continued in accordance with the previous law in the previously competent court of first instance. Read Direct link

Read: Art. 451 – Separate subsequent court decisions Art. 451 – Separate subsequent court decisionsArt. 451 Separate subsequent court decisions After this Code comes into force, separate subsequent court decisions shall be made by the criminal justice authority that would have been responsible for the first instance… Read Direct link

Read: Art. 452 – Proceedings in absentia Art. 452 – Proceedings in absentiaArt. 452 Proceedings in absentia 1 Applications for re-assessment following a judgment in absentia that are pending when this Code comes into force shall be considered in accordance with the previous law. 2 Applications… Read Direct link

3Section 3 Appellate Proceedings

Read: Art. 453 – Decisions made before this Code comes into force Art. 453 – Decisions made before this Code comes into forceArt. 453 Decisions made before this Code comes into force 1 If 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… Read Direct link

Read: Art. 454 – Decision made after this Code comes into force Art. 454 – Decision made after this Code comes into forceArt. 454 Decision made after this Code comes into force 1 Appellate remedies against first instance decisions that are made after this Code comes into force are governed by the new law. 2 Appellate remedies against firs… Read Direct link

3Section 4 Rejections of Summary Penalty Orders; Private Prosecutions

Read: Art. 455 – Rejections of summary penalty orders Art. 455 – Rejections of summary penalty ordersArt. 455 Rejections of summary penalty orders Rejections of summary penalty orders are governed by Article 453 mutatis mutandis. Read Direct link

Read: Art. 456 – Private prosecutions Art. 456 – Private prosecutionsArt. 456 Private prosecutions Private prosecutions under the previous cantonal law that are pending before a court of first instance when this Code comes into force shall be continued to the conclusion of first instance… Read Direct link

3Section 5 Transitional Provision to the Amendment of 28 September 2012

Read: Art. 456a – Transitional Provision to the Amendment of 28 September 2012 Art. 456aArt. 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. Read Direct link