Rs 312.0 Code Of Swiss Criminal Procedure Of October 5, 2007 (Code Of Criminal Procedure, Cpc)

Original Language Title: RS 312.0 Code de procédure pénale suisse du 5 octobre 2007 (Code de procédure pénale, CPP)

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312.0 code of Swiss criminal procedure (Code of criminal procedure, CPC) of October 5, 2007 (Status January 1, 2016) the Federal Assembly of the Swiss Confederation, view of art. 123, al. 1, of the Constitution, given the message of the federal Council of 21 December 2005, stop: Chapter 1 scope and general principles 1 scope and administration of criminal justice art. 1 scope this code governs the pursuit and the judgment, by the criminal authorities of the Confederation and the cantons, offences under federal law.
The procedural provisions under other federal acts are reserved.

Art. 2 administration of criminal justice criminal justice is administered only by the authorities designated by law.
Criminal proceedings cannot be executed and closed only in the forms prescribed by law.

Chapter 2 principles of the criminal procedure art. 3 respect for dignity and fair trial the criminal authorities respect the dignity of those involved in the procedure, at all stages of it.
Compliance including: a. the principle of good faith; b. the prohibition of abuse of rights; c. to the maxim wanting that fair treatment and the right to be heard be guaranteed to all those affected by the procedure; d. ban to apply methods of investigation that are detrimental to human dignity.

Art. 4 independence the criminal authorities are independent in law enforcement and are subject only to the rules of law.
The competence to give instructions (art. 14) provided by law for the criminal prosecution authorities is reserved.

Art. 5 speed authorities committed the criminal proceedings without delay and lead them to term without undue delay.
When an accused is taken into custody, the procedure must be conducted in priority.

Art. 6 maxim of education authorities are looking for Office all relevant facts for the characterization of the Act and judgment of the defendant.
They teach with equal care the circumstances that may be charged and the discharge of the accused.

Art. 7 imperative character of the prosecution authorities are required, within their competence, to open and lead a procedure when they have knowledge of offences or indices to assume the existence of offences.
The cantons may provide for: a. to exclude or limit the liability of the members of their authorities legislative and judicial as well as their Government for comments before the cantonal Parliament; (b) subject to approval of a non-judicial authority the opening of criminal proceedings against members of their Executive or judicial authorities, for crimes or offences committed in the exercise of their functions.

Art. 8 waiver of any criminal proceedings the public prosecutor and the courts waive any prosecution when the federal law, particularly when the conditions referred to in art. 52, 53 and 54 of the criminal code (CP) are met.
They also renounce a criminal if no interest of the complaining party oppose prosecution and that: a. the offence is not likely to significantly affect the fixation of punishment or measure incurred by the accused as a result of other offences put dependants; b. the sentence that should be imposed in addition to a sentence entered into force would be likely to be insignificant; c. on the penalty for the offence continued an equivalent sentence pronounced abroad should be imputed.

The public prosecutor and the courts can give up a criminal prosecution if no overriding interest of the complaining party opposes and that the offence is already being a lawsuit on behalf of a foreign authority or that the prosecution is delegated to such authority.
In these cases, they make an order of dismissal or classification.

RS 311.0 art. 9 Maxime to charge an offence may subject to a judgment that if the Crown has filed with the competent court an indictment against a person determined on the basis of facts precisely described.
Reserved order criminal procedure and criminal procedure for contraventions.

Art. 10 presumption of innocence and appraisal of evidence any person is presumed innocent as long as it is not condemned by a judgment entered into force.
The Court freely appreciate the evidence according to the inner conviction that it removes from the whole procedure.
When remain insurmountable doubts about factual elements justifying a conviction, the Court relies on the statement of fact the most favourable to the accused.

Art. 11 the double pursuit ban no person convicted or acquitted in Switzerland by a judgment entered into force cannot be prosecuted again for the same offence.
The resumption of the proceedings closed by an order of ranking or dismissal and the revision of the procedure are reserved.

Chapter 2 penal authorities 1 powers Section 1 provisions general art. 12 prosecution authorities are criminal prosecution authorities: a. the police; b. the Crown; c. the criminal authorities responsible for contraventions.

Art. 13 courts have the judicial powers under the criminal procedure: a. measures of constraint Court; (b) the Court of first instance; c. the appeal authority; d. the Court of appeal.

Art. 14 name and organization of the authorities the criminal, Confederation and the cantons designate their criminal authorities and to stop the name.
They set the modalities for the election of members of the criminal justice authorities, as well as the composition, the Organization and powers of these authorities, unless these issues are addressed exhaustively by this code or other federal laws.
They can establish a Chief Prosecutor or a public prosecutor.
With the exception of the appeal and the appellate authority, the Confederation and the cantons may establish several criminal authorities of the same type; They define the skills at the place and the material.
They regulate the supervision of their criminal authorities.

Section 2 enforcement art. 15 police criminal prosecution, the activities of the police, federal, cantonal or municipal, are governed by this code.
Police investigating violations on its own initiative on denunciation of individuals or authorities as well as on behalf of the Crown; in this context, it is subject to the supervision and instructions of the public prosecutor.
When a criminal case is pending before a court, it may give instructions and assignments to the police.

Art. 16 Crown the Crown is responsible for the uniform exercise of public action.
It is incumbent to conduct preliminary proceedings, to pursue violations as part of the statement and, if necessary to draw up the indictment and to support the accusation.

Art. 17 criminal authorities responsible for contraventions the Confederation and the cantons may delegate the prosecution and judgment of contraventions to administrative authorities.
Contraventions committed in connection with crimes or offences are prosecuted and judged with these by the public prosecutor and the courts.

Section 3 courts art. 18 tribunal of coercive measures coercive measures court orders remand and detention for reasons of safety and, if this is provided for by this code, order or authorize other measures of constraint.
Members of the tribunal to the measures of constraint may not decide the merits in the same case.

Art. 19 Court of first instance the Court of first instance shall decide in the first instance on all offences falling outside the jurisdiction of other authorities.
The Confederation and the cantons may provide for a single judge who shall decide in the first instance on: a. the contraventions; b. crimes and offences, with the exception of those for which the Crown requires a custodial sentence more than two years, a detention within the meaning of art. 64 CP, a treatment within the meaning of art. 59, al. 3, CP, or a deprivation of liberty over two years during the revocation of a suspended sentence.

RS 311.0 art. 20 appeal authority the authority of appeal is to decide on appeals against the acts of procedure and against decisions that are not subject to appeal made by: a. the courts of first instance; b. the police, the public prosecutor and the authorities criminal contraventions; c. the Court of measures of constraint in the cases provided by the present code.

The Confederation and the cantons may entrust the functions of the appeal to the appellate authority.

Art. 21 appellate appeals court adjudicates: a. Appeals against the judgments rendered by the courts of first instance; b. applications for review.

The members of the Appeals Authority cannot in the same case as members of the Court of appeal.

The members of the Court of appeal cannot rule review in the same case.

Chapter 2 jurisdiction material Section 1 Delimitation of powers between the Confederation and the cantons art. 22 cantonal court the cantonal criminal authorities are competent for the prosecution and judgment of offences under federal law, subject to the exceptions provided by law.

Art. 23 federal jurisdiction generally following violations of CP are subject to federal jurisdiction: a. the offences referred to in titles 1 and 4 as well as the art. 140, 156, 189 and 190, as they were committed against persons enjoying special protection under international law, against judges of the Confederation against the members of the Federal Assembly, the public prosecutor of the Confederation or against Attorneys General Deputy of the Confederation; (b) the offences referred to in art. 137 to 141, 144, 160 and 172, as they relate to the premises, archives and documents of diplomatic missions and consular posts; c. hostage-taking (art. 185) intended to compel the federal or foreign authorities; d. crimes and offences set out in art. 224 to 226 e. crimes and offences referred to in title 10 and on the coins, paper money or banknotes, as well as the official value of stamps or other official marks of the Confederation and the weight and measures; f. offences referred to in title 11, as it comes to federal securities, with the exception of transport and postal payments receipts securities; (g) the offences referred to in titles 12 and 12 and art. 264 k; h. the offences referred to in art. 260 at 13 to 15 titles and title 17, as they have been committed against the Confederacy, federal authorities, against the will of the people in the elections, voting, referendum requests or federal initiatives, or against the authority or the federal justice; i. offences referred to in title 16; j. referred to in titles 18 and 19 offences committed by a member of the federal authorities or by an employee of the Federal Government or the offences committed against the Confederacy; k. contraventions referred to in art. 329 to 331; l. crimes and political crimes which are the cause or the consequence of disorders causing armed federal intervention.

The provisions of the special federal laws concerning the jurisdiction of the federal court are reserved.

RS 311.0 new content according to no I 3 of the Federal ACT of 18 June 2010 with. mod LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).
New content according to ch. II 7 of the annex to the Federal ACT of 19 March 2010 on the Organization of the criminal authorities, in force since Jan. 1. 2011 (2010 3267 RO; FF 2008 7371).
New content according to section I-3 of the Federal ACT of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).

Art. 24 federal jurisdiction in organized crime, economic crime and terrorism financing offences referred to in art. 260, 260, 305, 305 and 322 322 CP as well as the crimes that are of a criminal organisation within the meaning of art. 260 CP are also subject to federal jurisdiction when the punishable acts have been committed: a. for a preponderant share abroad; b. in several cantons without any obvious predominance in one of them.

When it comes to crimes referred to in titles 2 and 11 CP, the public prosecutor of the Confederation can open a statement under the following conditions: a. the commission of the crime meets the criteria set out in para. 1, let. a or b; b. no cantonal criminal prosecution authority is seized of the case or the competent cantonal criminal prosecution authority has requested the resumption of the proceedings by the public prosecutor of the Confederation.

Open an investigation within the meaning of para. 2 founded federal jurisdiction.

RS 311.0 art. 25 delegation of powers to the cantons the public prosecutor of the Confederation may delegate to the cantonal authorities training and judgment, exceptionally the sole judgment, criminal law cases that fall under federal jurisdiction under art. 23, with the exception of criminal cases referred to in art. 23, al. 1, let. g. in simple cases, the public prosecutor of the Confederation may also delegate to the cantonal education and judgment of criminal cases that fall under federal jurisdiction under art. 24 art. 26 jurisdiction multiple when the offence was committed in several cantons or abroad, or that the author, co-author or participants have their domicile or residence in different cantons, the public prosecutor of the Confederation designates the canton who instructed and judge the offence.
When a criminal law matter both of the Federal Court and the cantonal court, the public prosecutor of the Confederation may order the junction of procedures with federal authorities and cantonal authorities.
Jurisdiction established according to para. 2 remains even if the part of the procedure that founded this jurisdiction is classified.
When the delegation of the statement and the judgment in a criminal case in the sense of the present chapter comes into consideration, the public prosecutor of the Confederation and cantons share the folder to read; Once the delegation has been decided, they communicate the record authority to hear and try the offence.

Art. 27 competence to carry out the preliminary investigations when there is danger in delay, and as far as the criminal justice authorities of the Confederation are not yet intervened, the cantonal authorities can conduct police investigations and the statement in cases under federal jurisdiction, provided that they had the skill at the place in accordance with the provisions governing the Forum. They shall inform without delay the public prosecutor of the Confederation in which the case must be referred or submitted for decision, according to the art. 25 or 26 at the earliest.
In cases of offences that have been committed, in all or part, in several cantons or abroad and for which the competence of the Confederation or a canton is not yet determined, the federal criminal authorities can carry out the preliminary investigations.

Art. 28 conflicts the federal criminal court rule conflicts of competence between the public prosecutor of the Confederation and the cantons criminal authorities.

Section 2 jurisdiction in case of offences art contest 29 principle of unity of the procedure violations are prosecuted and tried jointly in the following cases: a. a defendant has committed several offences; b. There is several co-authors or participation.

When offences partly under the jurisdiction of the Confederation or were committed in different cantons and by several people, the art. 25 and 33 to 38 take precedence.

Art. 30 exceptions if objective reasons justify it, the public prosecutor and the courts may order the junction or disjunction of criminal proceedings.

Chapter 3 For Section 1 principles art. 31 for the place where the authority of the place where the Act was committed is competent for the prosecution and judgment of the offence. If the place where the result occurred is only located in Switzerland, the competent authority is that of this place.
If the offence or its result occurred in different places, the competent authority is that of the place where the first acts of pursuit began.
If a defendant has committed several crimes, offences or contraventions in the same place, the procedures are attached.

Art. 32 for offences committed abroad or in the event of uncertainty as to the place of commission if the offence has been committed abroad or if it is not possible to determine where it was committed, the authority of the place where the accused has his domicile or habitual residence is competent for the prosecution and judgement.
If the accused has no home or habitual residence in Switzerland, the competent authority is that of its place of origin; If it doesn't have a place of origin, the competent authority is that of the place where he was apprehended.
If the Forum can not be fixed according to the al. 1 and 2, the competent authority is the canton which has requested extradition.

Section 2 Fors special art. 33 in case of involvement of many participants in a crime are prosecuted and judged by the authority who pursues and judge the author.
If the offence is committed by several co-authors, the competent authority is that of the place where the first acts of pursuit began.

Art. 34. for offences committed in different places


When the accused has committed several offences in different places, the authority of the place where the punishment of the most serious offence was committed is competent for the prosecution and judgment of all offences. If several violations are punished in the same sentence, the competent authority is that of the place where the first acts of pursuit began.
When at the time of the procedure for determining the Forum according to the art. 39 to 42, an indictment for one of the offences involved has already been compiled in a canton, the procedures are conducted separately.
When a person has been condemned by several courts in several sentences of the same nature, the Court which pronounced the most serious fixes, at the request of the convicted person, a whole sentence.

Art. 35 for on infringements committed by the media authority of the place where the media company has its seat is competent to prosecute the offences within the meaning of art. 28 CP committed in Switzerland.
If the author is known and it is domiciled or habitually resides in Switzerland, the authority of the place where he has his domicile or habitual residence is also competent. In this case, the offence is continued to the place where the first acts of pursuit began. Offences prosecuted on complaint, the complainant may choose between two forums.
If the forum cannot be determined in accordance with paras. 1 and 2, the competent authority is that of the place where the product was released. If the release occurred in several places, the competent authority is that of the place where the first acts of pursuit began.

RS 311.0 art. 36 for prosecution for debts and bankruptcy and offences offences committed within a company the authority of the place where the debtor has his domicile or habitual residence or of the place where the debtor has its seat is competent to prosecute the offences referred to in art. 163 to 171 CP.
The authority of the place where the company has its seat is competent to pursue offences committed within a company within the meaning of art. 102 CP. She is also competent when the same procedure for the same condition is indeed also directed against a person acting on behalf of the company.
When the forum cannot be fixed according to the al. 1 and 2, he is determined according to the art. 31 to 35.

RS 311.0 art. 37 for in case of independent confiscation of criminal proceedings independent confiscations of criminal proceedings (art. 376 to 378) are performed at the place where the objects or assets to be confiscated.
When objects or to confiscate assets lie in several townships and they have a report with the same offence or with the same authors, the competent authority is that of the place where the first procedure of confiscation was opened.

Art. 38 setting another for public prosecutors may agree to an another for than that provided for in art. 31 to 37, where the major part of the criminal activity, the personal circumstances of the accused or other relevant reasons so require.
To ensure the procedural rights of a party, and after that the indictment took place, the appeal of the canton authority may, at the request of that party or ex officio, delegate the judgment to another competent court of first instance of the canton, in derogation from the provisions of this chapter concerning the fors.

Section 3 Procedure for determining the for art. 39 the competency examination and agreement on the Forum the criminal authorities check Office if they are competent and, where appropriate, transmit the case to the competent authority.
When several authorities are competent for the place, the Government departments concerned shall communicate without delay to the essential elements of the case and agree as soon as possible on the Forum.

Art. 40 conflicts of fors conflicts of fors between criminal justice authorities of a same canton are definitely decided by the first Prosecutor or the Attorney general, or, if they have not been established by the appeal of this canton authority.
When the authorities of criminal prosecution of individual cantons cannot agree on the Forum, the public prosecutor of the canton referred first to the cause refer the matter without delay, and in any case, before the indictment, in federal criminal court, who decides.
The competent authority in for can agree on another forum than that provided for in art. 31 to 37 when the major part of the criminal activity, the personal circumstances of the accused or other relevant reasons require it.

Art. 41 contestation of the Forum by the parties when a party intends to challenge the jurisdiction of the authority in charge of the criminal proceedings, it should immediately ask the latter to transmit the case to the competent criminal authority.
Parties may address within 10 days, and in accordance with art. 40, before the competent authority, the assignment of the Forum decided by public ministries (art. 39, para. 2). When prosecutors agreed on an another for (art. 38, para. 1), only the part whose demand within the meaning of para. 1 has been rejected can attack the decision.

Art. 42 common provisions criminal authority which received first cause, until the Forum is permanently fixed, takes measures that cannot be delayed. If necessary, the competent authority in for designates the authority which will be temporarily in charge of the case.
Those arrested are referred to the authorities of other cantons at the time where jurisdiction has been permanently set.
The fixed for under arts. 38-41 can be changed only for new fair grounds and before the indictment.

Chapter 4 mutual national judiciary Section 1 provisions general art. 43 scope and definition the provisions of this chapter apply to mutual legal assistance in criminal matters agree the authorities of the Confederation and the cantons, in favor of public departments, of the competent criminal authorities for parking tickets and Court of the Confederation and the cantons.
They also apply to police to the extent where its activity is subject to the instructions of public departments, the criminal fines and court authorities.
Direct legal assistance in criminal matters between the police authorities of the Confederation and the cantons as well as between the authorities of the various cantonal police is possible as long as it does not have to object to the measures of constraint which the pronouncement is reserved to the Crown or the Court.
Mutual legal assistance is any measure required by an authority under the jurisdiction exercised in pending criminal proceedings.

Art. 44Obligation to agree mutual federal and cantonal authorities are required to grant mutual legal assistance when it comes to continue and to judge offences under federal law, in application of the present code.

Erratum of the CdR of the SSA. fed. from 10 nov. 2014, published Nov. 25. 2014 (2014 4071 RO).

Art. 45 support to the extent possible, the cantons are available to the criminal justice authorities of the Confederation and of the other cantons the premises necessary for the exercise of their official activity and incarceration of persons in pre-trial detention.
The cantons take the necessary measures to ensure the safety of the official activity of the criminal justice authorities of the Confederation, at the request of these.

Art. 46 direct communication the authorities shall communicate directly with each other.
Requests for mutual legal assistance may be written in the language of the requesting or requested authority.
If the requesting authority does not know what is the competent authority, it addressed the request for judicial assistance to the highest authority of the public prosecutor of the canton required or Confederation. It shall forward to the competent authority.

The territorially competent Swiss judicial authority for letters rogatory is located online at the following address: www.elorge.admin.ch art. 47 charge legal assistance is free.
Confederation cantons reimburses the costs of support provided under art. 45. the costs incurred are announced to the Township applicant or the Confederation so that they can be made the responsibility of the parties sentenced to the payment of fees.
The applicant canton or the Confederation pays rights holders due allowances in respect of mutual legal assistance measures.

Art. 48 the conflicts on mutual legal assistance between the authorities of the canton are definitely decided by the appeal of this canton authority.
Conflicts between the authorities of the Confederation and the cantons as well as between the authorities of different cantons are decided by the federal criminal court.

Section 2 procedural acts performed at the request of the Confederation or a canton other, art. 49 principles for public prosecutors and the courts of the Confederation and the cantons may seek enforcement of pleadings to the criminal authorities of other cantons or Confederation. The requested authority does not examine the eligibility or the proportionality of legal proceedings requested.

The applicant canton or the federal authorities are competent to deal with appeals against measures of mutual legal assistance. Only cover the execution of the measure of mutual legal assistance may be challenged before the required County or federal authorities.

Art. 50 request for measures of constraint enforcement arrests requested by the requesting authority subject to a warrant for writing (art. 208).
To the extent possible, the requested authority brings those arrested before the competent authority within 24 hours.
Applications for other measures of constraint are briefly driven. In urgent cases, the motivation may be provided after the fact.

Art. 51 participation in legal proceedings the parties, their legal advice and the requesting authority may participate in legal proceedings required, as long as the present code provides.
If participation is possible, the requested authority shall inform the applicant authority, the parties and their legal advice of the time and the place of performance of the procedural act.

Section 3 proceedings in a different canton art. 52 principles public departments, authorities criminal contraventions and the courts of the cantons and the Confederation are entitled to order and to accomplish all legal proceedings within the meaning of this code directly in another canton.
The public prosecutor of the canton where the Act of procedure must be accomplished shall be informed beforehand. In urgent cases, it may be informed later. No information is required for requests of information and production of documents.
The costs of legal proceedings and expenses arising therefrom are supported by the canton performer or by the Confederation, which can be borne by the parties, according to the art. 426 and 427.

Art. 53 recourse to the police if the requesting authority needs the support of the police to perform a procedural act, it sends a request to the public prosecutor of the canton required; It awards the mandates required the police to the place.

Chapter 5 mutual international judiciary art. 54 applicability of this code this code regulates the granting of international legal assistance and mutual assistance procedure insofar as other federal legislation or international agreements contain no provisions on the matter.

Art. 55 jurisdiction when a canton is seized of a request for international legal assistance, the public prosecutor of the canton concerned is competent.
The courts can make requests for mutual legal assistance during the debates.
The powers of the authorities of execution of sentences and measures are reserved.
When federal law confers tasks on mutual legal assistance to a judicial authority, the appeal authority is competent.
National mutual assistance provisions are applicable to the case in which the canton in charge of enforcement of foreign judicial assistance accomplishes proceedings in other cantons.
The cantons regulate the details of the procedure.

Chapter 6 challenge art. 56 grounds to challenge anyone acting in a criminal authority is required to recuse himself: a. when she has a personal interest in the case; b. when she acted in another capacity in the same cause, in particular as a member of an authority, legal services of a part, expert or witness; c. when she is married, lives under the regime of the registered partnership or in fact leads a life as a couple with a part with legal counsel or with a person who has acted in the same case as a member of the lower authority; (d) when it is related or allied with a party, online direct or up to the third degree in the collateral line; e. when she is related or allied direct online or the second degree online collateral with the legal advice of a party or of a person who acted in the same case as a member of the lower authority; f. when other reasons, including closely to friendship or enmity with a party or legal counsel, are likely to make it suspect prevention.

Art. 57 reportable when a person who exercises a function in a criminal authority has a reason to recuse himself, it must declare it in due time to the direction of the procedure.

Art. 58 recusal requested by a party when a party intends to request the disqualification of a person who performs a function in a criminal authority, it must apply without delay to the Director of proceedings accordingly, as soon as it is aware of the reason for recusal; the facts on which it based its application must be made plausible.
The person concerned takes position on the request.

Art. 59 decision if disqualifying within the meaning of art. 56, let. a or f, is invoked or that a person exercising a function within a criminal authority opposes the request for disqualification of a party that is based on one of the grounds set out in art. 56, let. b to e, the dispute shall be resolved without additional administration of evidence and definitively: a. by the public prosecutor, where the police is concerned; b. by the appeal authority, when the public prosecutor, the criminal authorities responsible for tickets and courts of first instance are concerned; (c) by the Court of appeal, where the appeal authority and members of the Court of appeal are concerned; d. by the federal when all of the appellate court is concerned.

The decision is made in writing and shall be motivated.
As long as the decision had not been made, the person concerned continues to perform its function.
If the request is accepted, proceedings fees are imposed on the Confederation or canton. If it is rejected or is manifestly late or reckless, costs were borne by the applicant.

Art. 60 consequences of the violation of the provisions on the objection proceedings in which a person required to recuse himself was involved are cancelled and repeated if a party asks no later than five days after she was informed of the reason for the recusal.
The one-time probationary measures may be taken into account by the criminal authority.
If disqualifying is discovered only after the close of the procedure, the provisions on the revision shall apply.

Chapter 7 Director of proceedings art. 61 authority vested with the Director of proceedings the authority vested with the Director of proceedings (Director of proceedings) is: a. the Crown, until the decision of classification or the indictment; b. the criminal authority of contraventions, in the case of a procedure of repression of contraventions; c the president of the Court, in the case of proceedings before a collegiate court; d. j. in the case of proceedings before a single judge.

Art. 62 General tasks the Director of proceedings orders the necessary measures smoothly and the legality of the procedure.
Proceedings in a collegial Court, the Director of proceedings has all the powers which are not reserved for the tribunal itself.

Art. 63 police of hearing the Director of proceedings ensures safety, peace and good order of the debates.
It can send a warning to people who disturb the proceedings or violate the rules of decorum. In case of recurrence, it can deprive them of speech, expel them from the courtroom and, if necessary, put back them in the hands of the police until the end of the hearing. It can evacuate the courtroom.
It may request the assistance of the police to the place where the Act of procedure is performed.
If a part is excluded from the hearing, the procedure continues nevertheless.

Art. 64 disciplinary action the Director of proceedings may impose a fine of 1,000 francs more than the people who disturb the course of the proceedings, which break the rules of decorum or which do not comply with its injunctions.
The fines imposed by the public prosecutor and the courts of first instance may be challenged before the appeal authority within 10 days. This final determination.

Art. 65 contestation of orders made by the courts orders made by the courts can be attacked only with the final decision.
The president of a collegiate court orders before the debates may be changed or cancelled automatically or upon request by the Court.

Chapter 8 General rules of procedure Section 1 oral tradition; language art. 66 oral proceedings before the criminal authorities is oral, unless this code provides the written form.

Art. 67 language of the proceedings the Confederation and the cantons determine the languages in which their criminal authorities lead the proceedings.
The cantonal criminal authorities are doing all the pleadings in these languages; the Director of proceedings may allow exceptions.

Art. 68 translations


The Director of proceedings appeals to a translator or an interpreter when a person participating in the proceedings does not understand the language of the proceedings or is not able to express themselves well enough in this language. For simple or urgent business, it can be done without such a measure, as long as the person concerned consented and that the Director of proceedings and the attendant in the minutes well enough speak the language of that person.
The essential content of the pleadings largest is brought to the attention of the defendant orally or in writing in a language he understands, even if it is assisted by a defender. No one can claim a right to the full translation of all pleadings and of the documents in the file.
Parts that are not produced by the parties are, if necessary, be translated orally or in writing; in the latter case, they are recorded in the minutes.
The questioning of a victim of an offence against sexual integrity must be translated by a person of the same sex as the victim if it requires and that the procedure is not unduly delayed.
The provisions relating to the experts (art. 73, 105 and 182 to 191) apply by analogy to the translators and interpreters.

Section 2 advertising art. 69 principles the proceedings before the Court of first instance and the appeal court and the oral notification of judgments and decisions of these courts are public, with the exception of the deliberations.
When, in these cases, the parties have renounced a pronounced in public hearing or that a criminal order was made, those interested can consult the judgments and criminal orders.
Are not public: a. the preliminary proceedings, the criminal justice authorities to the public communications being reserved; b. the proceedings before the Court of measures of constraint; c. proceedings before the authority of appeal and, as it is conducted in writing, before the Court of appeal; (d) the procedure of the criminal order.

Public debates are accessible to all people under 16 must have the permission of the Director of proceedings to attend.

Art. 70 restricting advertising of the hearing and closed the Court may partially restrict the advertising of the hearing or order the camera: a. If public safety and public order or the interests worthy of protection of a person participating in the proceedings, including those of the victim so require; b. in case of overcrowding.

In the case of camera, the accused, the victim and the complainant may be accompanied by three people you trust the most.
The Court may, under certain conditions, permit legal columnists and others establishing an interest legitimate to attend discussions in camera within the meaning of para. 1 when the camera has been ordered, the court notifies the judgment in open court or, if necessary, informs the public of the outcome of the proceedings in another appropriate form.

Art. 71 records audio and video audio and video recordings in the building of the Court as well as the records of proceedings outside the building are not allowed.
People who contravene the al. 1 are liable to a fine of order according to art. 64, al. 1. the unauthorized recordings can be confiscated.

Art. 72 judicial chronicle the Confederation and the cantons can issue rules on the admission of legal columnists as well as their rights and duties.

Section 3 confidentiality, information to the public, communications to authorities art. 73 obligation to keep secret the criminal authorities, their staff members, and their committed experts of office are silent about the facts that come to their knowledge in the exercise of their official activity.
The Director of proceedings may require the complainant to other participants in the proceedings and their legal advice, under the penalty provided communication art. 292 CP, to keep silent on the procedure and the people involved, when the purpose of the procedure or a private interest requires it. This obligation should be limited in time.

RS 311.0 art. 74 information of public prosecutors and the courts as well as, with their agreement, the police, can inform the public about a pending procedure when: a. collaboration of the population is necessary for the clarification of violations or searching for suspects; b. the population must be cautioned or tranquilized; c. information or inaccurate rumors must be corrected; d. the particular business scope requires it.

The police may, on its own initiative, inform the public about accidents and violations, without naming the people involved.
Informing the public respects the principle of the presumption of innocence of the accused as well as the rights of the personality of the individuals concerned.
In cases involving victims, authorities and individuals are empowered, outside a public court hearing, to disclose the identity of the victim or his identification information to one of the following conditions: a. the collaboration of the population is necessary for the clarification of crimes or looking for suspects; b. the victim or, if she died relatives agree.

Art. 75 information to authorities if the accused is running a penalty or a measure, the criminal justice authorities inform the competent enforcement authorities of any new criminal procedures and decisions.
The criminal justice authorities inform social services and guardianship authorities of the criminal proceedings and decisions, when required by the protection of the accused, the injured party or that of their loved ones.
If the prosecution of offences involving minors, the criminal authorities are finding that other measures are needed, they notify without delay the tutelary authorities.
The Confederation and the cantons may require or allow the criminal authorities to other communications with authorities.

Since the entry into force of the Federal ACT of 19 Dec. 2008 (protection of the adult, right people and right of filiation; RO 2011 725) Jan 1. 2013: the child protection authority.
Since the entry into force of the Federal ACT of 19 Dec. 2008 (protection of the adult, right people and right of filiation; RO 2011 725) Jan 1. 2013: the child protection authority.

Section 4 minutes art. 76. General statements from parties and the pronouncements of the authorities so that all the pleadings which are not made in writing are recorded in the minutes.
The attendant in the minutes, the Director of proceedings and, if necessary, the translator or the interpreter attest the accuracy of the minutes.
The Director of proceedings responds the record complete and accurate record of all legal proceedings in the minutes.
It may order that legal proceedings are fully or partially registered on support - support-image, in addition to being in writing or sound. She informs attendees beforehand.

Art. 77 minutes of proceedings the minutes of proceedings relate all the essential procedural acts and include: a. the nature of the proceeding, the place, date and time; (b) the name of the members of the authorities directly involved in legal proceedings, parties, their legal advice and the others present; c. the parties; d. conclusions does that heard people have been informed of their rights and duties; e. depositions of persons heard; (f) the conduct of the procedure, the orders issued by the criminal authorities and the observation of the requirements of form provided for this purpose; g. parts and other means of evidence filed by participants in the proceedings or collected in a different way during criminal proceedings; h. the decisions and their motivation, for as much as a copy thereof is not paid separately to the folder.

Art. 78 minutes of the hearings, the testimony of the parties, witnesses, experts, and people called for information are entered at the hearing.
The minutes is written in the language of the proceedings; However, to the extent possible, critical statements are recorded in the language used by the person interviewed.
Issues and critical responses are recorded verbatim in the minutes.
The Director of proceedings may authorize the person heard to dictate his statement itself.
At the end of the hearing, the record is read or presented for reading to the person interviewed. After having read, the person heard her signature at the bottom of the minutes and to initial each page. If she refuses to read or sign the minutes, the refusal and the reasons are recorded in the minutes.
If, during the proceedings, a hearing is recorded by technical means, the tribunal may dispense with read the transcript to the person being heard or to hand it over to reading and to sign him. The records must be disclosed on the record.

If the Criminal Authority proceeded to a hearing by videoconference, the oral statement of the person being heard, that it has taken note of the minutes, is worth signing and signature of it. The statement is recorded in the minutes.
If the legibility of handwritten minutes proves to be insufficient or if the statements were recorded in shorthand, the text is made to the net without delay. The notes must be kept until the end of the procedure.

Introduced by section I 2 of the Federal ACT of Sept. 28. 2012 (Disp) relating to the drafting of the minutes, in force since May 1, 2013 (RO 2013 851; FF 2012 5281 5293).
New content according to section I 2 of the Federal ACT on Sept. 28. 2012 (Disp) relating to the drafting of the minutes, in force since May 1, 2013 (RO 2013 851; FF 2012 5281 5293).

Art. 79 rectification the Director of proceedings and the attendant on the record correct manifest errors; They shall inform the parties.
The Director of proceedings shall decide on requests for correction of the minutes.
The attendant on the record and procedure management authenticate the corrections, changes, write-offs and additions made to the minutes. Content changes are made so that the original of the minutes text remains legible.

Section 5 pronounced art. 80 shape decisions that determine civil or criminal issues on the merits takes the form of judgments. Other decisions are in the form of decisions, when they emanate a collegial authority, or orders, when they are made by one person. The provisions governing the procedure of the criminal order are reserved.
Decisions are rendered in writing and motivated. They are signed by the Director of proceedings and the attendant in the minutes and shall be notified to the parties.
Decisions and simple orders of education must not necessarily be written separately or be motivated; they are recorded in the minutes and notified to the parties in an appropriate manner.

Art. 81 content of the pronouncements of closing judgments and others said closing the procedure contain: a. an introduction; (b) a statement of reasons; c. a device; d. If they are subject to appeal, the indication of the legal remedies.

The introduction contains: a. the designation of the criminal authority and of its members who have contributed to the pronounced; b. the date of delivery; c. a sufficient designation of the parties and their legal advice; d. in the case of a judgment, the final submissions of the parties.

The statement of reasons contains: a. in a judgment, assessment in fact and in law of behavior alleged the accused, as well as the motivation of the sanctions, the ancillary effects as well as fees and allowances; b. in another delivered closing, the reasons of the rules of procedure as it is envisaged.

The device contains: a. the designation of the legal provisions which it application; (b) in a judgment, the judgment on guilt and punishment, fees, allowances and the possible civil claim; c. in an another delivery of closing, the order with respect to the rules of the procedure; d. subsequent judicial decisions; e. the ancillary effects on delivery; f. the designation of individuals and the authorities who receive a copy of the pronounced or device.

Art. 82 restrictions to the obligation to give reasons for the Court of first instance give a written motivation of the judgment to the following conditions: a. the reasons for judgment orally; b. it fails more than two years imprisonment, internment in the sense of art. CP 64, treatment within the meaning of art. 59, al. 3, CP or deprivation of liberty of more of two years upon the revocation of a suspended sentence.

The tribunal later notifies the parties judgment motivated in the following cases: a. a Party requested within ten days following the notification of the judgment; b. a party appealed.

If the complainant is only to ask a reasoned judgment or to lodge an appeal, the judgment is motivated insofar as it concerns the punishable behaviour at the origin of the injury suffered by the complainant as well as the civil claims of it.
During the appeal proceedings, the Court may, on the assessment in fact and in law to the facts that the subject of the charge, refer to the statement of reasons of the lower authority.

RS 311.0 art. 83 explanation and correction of the pronounced criminal authority which made a pronouncement including the device is unclear, contradictory or incomplete or which is in contradiction with the statement of reasons, explain or rectify it at the request of a party or ex officio.
The request is in writing and indicates the disputed passages and, if necessary, changes.
Criminal authority give other parties the opportunity to comment on the request.
The pronouncement corrected or explained is communicated to the parties.

Section 6 Notification and communication of decisions art. 84 notification of decisions if the procedure is public, the tribunal notifies his judgment orally at the end of the deliberation and motivates him briefly.
It challenges the conclusions of the judgment to the parties at the end of the debates or notifies them within five days.
When the Court cannot render judgment immediately, it does as soon as possible and shall notify at a later hearing. If, in this case, the parties waive the public pronouncement of the judgment, the Court shall notify them the device as soon as the judgment rendered.
If the tribunal is to motivate his judgment in writing, it notifies the fully reasoned judgment within 60 days, exceptionally within 90 days, the accused and the public prosecutor's Office and shall notify the other parties that the passages of the judgment which refer to their conclusions.
The Criminal Authority notified orally or in writing to the parties decisions or simple orders of education.
Decisions are communicated to the other authorities designated by the federal and cantonal law; decisions on appeal are also communicated to the lower authority and decisions entered into force are, if necessary, the enforcement authorities and the authorities of the criminal.

Art. 85 form of communications and notifications unless otherwise provided by this code, communications of the criminal authorities are notified in writing.
Authorities shall notify their pronounced by letter signature or by any other mode of communication involving an acknowledgement, particularly through the police.
The delivery is deemed accomplished when he was released to the recipient, to one of its employees or any person over 16 years of age living in the same household. Directed by the criminal authorities concerning a communication to be addressed personally to the recipient are reserved.
Sentencing is also deemed notified: a. when shipped by letter signature, it has not been removed within seven days from the unsuccessful attempt to delivery of the fold, if the person concerned was to be expected at such a discount; b. when notified personally, he refused and that this refusal was duly found the same day by the person responsible to the fold.

Art. 86 notification by electronic means any communication may be notified electronically if the person concerned agrees.

Art. 87 home notification any communication must be notified to the home, to the place of usual residence or headquarters of the recipient.
The parties and their counsel who have their homes, their habitual residence or their headquarters abroad are required to designate a domicile of notification in Switzerland; international instruments providing for the possibility of direct notification are reserved.
If the parties are provided with legal advice, communications are validly notified to it.
When a party is required to appear personally at a hearing or perform itself a procedural act, the communication is notified to him directly. In such cases, a copy is sent to legal counsel.

Art. 88 official publication notification takes place in the official journal designated by the canton or the Federal Government: a. when the place of residence of the recipient is unknown and could not be determined despite research that may reasonably be required; b. when a notification is impossible or wouldn't be possible subject to disproportionate procedures; c. when a party or counsel has not designated a home of notification in Switzerland While they have their homes, their habitual residence or their headquarters abroad.

The notification shall have occurred the day of its publication.
Only the device of the pronouncements of closing is published.
Classification orders and criminal orders are deemed notified even in the absence of a publication.

Section 7 deadlines and terms art. 89. General deadlines set by law may not be extended.
The criminal procedure does not legal holidays.

Art. 90 computation of time deadlines set in days begin to run on the day following their notification or the event that triggers them.

If the last day of the period is a Saturday, a Sunday or a holiday according to the right federal or cantonal, the period expires on the first working day that follows. The law is that of the canton where the party or its representative has his domicile or seat.

New content according to ch. II 7 of the annex to the Federal ACT of 19 March 2010 on the Organization of the criminal authorities, in force since Jan. 1. 2011 (2010 3267 RO; FF 2008 7371).

Art. 91 observation of deadlines the deadline is deemed observed if the pleading is accomplished to the competent authority no later than the last day of the period.
The writings must be returned no later than the last day of the period to the criminal authority, to Swiss Post, Swiss diplomatic or consular representation or, in the case of persons detained at the direction of the prison.
In the case of transmission by electronic means, the delay is deemed observed when the computer system of the criminal authority has confirmed the receipt electronically no later than the last day of the period.
The delay is also deemed observed if the written word manages to no later than the last day of the period to a non competent Swiss authority. It transmits written without delay to the competent criminal authority.
A payment to the criminal authority is made within the time prescribed when the amount is paid in favor of criminal enforcement at the Swiss Post or charged to a bank or postal account in Switzerland the last day of the period at the latest.

Art. 92 extensions and adjournment of the authorities can extend the deadlines or adjourn the terms they set, automatically or on request. The request must be made before the expiry of the time limits and be sufficiently motivated.

Art. 93 default part is faulty if it does not perform a procedural act in time or does not attend the hearing.

Art. 94 return a party may request the return of the time if she was prevented to observe it and it is thereby exposed to important and irreparable damage; It must, however, make it likely that the defect is attributable to any fault on his part.
The duly motivated request for return must be addressed in writing within 30 days from one where prevention has stopped, the authority with which the Act of procedure should have been performed. The omitted Act of procedure must be repeated during this period.
The request for return has suspensive effect if the competent authority to grant it.
The criminal authority makes its decision on the request in writing.
The al. 1 to 4 shall apply by analogy to the breach of a term. If the refund request is accepted, the branch of the procedure sets a new term. The default procedure provisions are reserved.

Section 8 data art. 95 collection of personal data the personal data can be collected directly from the person concerned and recognizable for her, so unless the procedure only in is jeopardized or not resulting in a disproportionate workload.
If personal data are collected without the knowledge of the person concerned, shall be informed without delay. The authority may waive this information or adjourn it if a major private or public interest so requires.

Art. 96 disclosure and use of data in the context of proceedings pending the criminal authority may disclose personal data under criminal proceedings pending to allow their use in other pending proceedings when it is presumed that these data will contribute in a significant measure to the elucidation of the facts.
Are reserved: a. the art. 11, 13, 14 and 20 of the Federal Act of 21 March 1997 instituting measures aimed at maintaining internal security; (b) the provisions of the Federal law of 13 June 2008 on the federal police information systems; (c) the provisions of the Federal law of 7 October 1994 on the Central Offices of the federal criminal police.

RS 120 RS 361 RS 360 new content according to let no I 1. a of annex 2 to the Federal ACT of 13 June 2008 on information systems of police of Confederation, in force since Jan. 1. 2011 (RO 2008-4989; FF 2006 4819).

Art. 97 right to information in the context of proceedings pending until the proceedings are pending, the parties and other participants in the proceedings may, within the limits of their right to consult the file, get the data that concern them.

Art. 98 rectification of data the competent criminal authorities rectify inaccurate personal data without delay.
They inform without delay the authorities to whom incorrect data was provided that these have been rectified.

Art. 99 treatment and conservation of personal data after the closure of the proceedings after the close of the procedure, the treatment of the data, the procedure and the legal remedies are regulated by the Federal and cantonal provisions on data protection.
The time during which personal data should be kept after the closure of the proceedings is governed by art. 103. the provisions of this code, the Federal Act of 13 June 2008 on information systems of police Confederation and the Federal law of 7 October 1994 on the Central Offices of criminal police of the Federal Government relating to documents containing identifying data and DNA profiles are reserved.

SR 361 RS 360 new content according to let no I 1. a of annex 2 to the Federal ACT of 13 June 2008 on information systems of police of Confederation, in force since Jan. 1. 2011 (RO 2008-4989; FF 2006 4819).

Section 9 holding, consultation and records article 100 records a record is created for each criminal case. It contains: a. the minutes of proceedings and the minutes of the hearings; b. the material gathered by the criminal authority; c. the evidence by the parties.

The Director of proceedings maintains an index of parts; in simple cases, it can give it up.

Art. 101 consultation of the records as part of a pending procedure the parties may consult the record of pending criminal proceedings, at the latest after the first hearing of the accused and the administration of the main evidence by the Crown; art. 108 is reserved.
Other authorities may consult the file when they need to deal with civil, criminal or administrative proceedings pending and if no public or private interest leadership opposes.
Third parties may consult the record if they argue for this purpose a scientific interest or another worthy of protection and that no public interest or predominant private interest is opposed.

Art. 102 terms in case of request for access to records management of the procedure rules on the consultation of records. She takes the necessary steps to prevent abuse and delays and to protect the legitimate interests to maintain secrecy.
Records are consulted at the headquarters of the criminal authority or, by way of mutual legal assistance, at the headquarters of another criminal authority. As a general rule, they are released to other authorities as well as the legal advice of the parties.
Any person authorized to consult the file may request a copy against payment of a fee.

Art. 103 retention of records records are kept at least until the expiration time limitations for prosecution and punishment.
The original documents that have been placed on the record are returned to rights holders against acknowledgement of receipt as soon as the criminal case is being a decision entered into force.

Title 3 Parties and other participants in the proceedings Chapter 1 provisions General Section 1 Definition and status art. 104 parties have standing as a party: a. the accused; (b) the complaining party; c. the Crown, in discussions or in the appeals process.

The Confederation and the cantons may recognize the quality part, with all the rights or limited rights to other authorities to safeguard public interests.

Art. 105. other participants in the proceedings also participate in the procedure: a. injured; b. people who denounce the offences; c. witnesses; d. the persons who provide information; e. experts; f. third parties affected by proceedings.

When participants in the proceedings referred to in para. 1 are directly affected in their rights, party status is recognized to the extent necessary to protect their interests.

Art. 106 ability to sue a party may validly perform acts of procedure if it has the exercise of civil rights.
A person who is not the exercise of civil rights is represented by his legal representative.
A person who is not the exercise of civil rights, but who is capable of discernment may itself exercise his procedural rights of a strictly personal nature, even against the advice of his legal representative.

Art. 107 right to be heard a party has the right to be heard; as such, it can include:

a. consult the file; b. participate in acts of procedure; c. getting legal counsel; d. to decide about the case and procedure; e. drop proposals to means of evidence.

The criminal authorities attract the attention of the parties on their rights when they are not paid in legal matter.

Art. 108 restriction of the right to be heard the criminal authorities may restrict the right of a party to be heard: a. when there is good reason to suspect that this part is abusing its rights; b. when necessary to ensure the safety of persons or to protect public or private interests to maintain secrecy.

The legal advice of a party may be subject to restrictions because of his behavior.
Restrictions are limited temporarily or committed acts of procedure.
As long as the grounds which justified the restriction remains, authorities may base their decisions on parts that part did not have access if informed of their essential content.
When the grounds which justified the restriction disappears, the right to be heard must be granted in a proper form.

Section 2 proceedings of the parties art. 109 requests subject to specific provisions of this code, the parties may at any time make applications to the Director of proceedings.
Management procedure reviews the applications and give the other parties the opportunity to settle.

Art. 110 form the parties may file a request written or oral, oral requests being entered in the minutes. Written requests must be signed and dated.
In the case of electronic filing, the application shall be equipped with a valid electronic signature. The federal Council determines the format of the transmission. The criminal authority may require that the request be sent to him later on paper.
Moreover, the pleadings of the parties are subject to no form requirement unless this code is in has otherwise.
Management of the procedure can return to sender a query illegible, incomprehensible, inappropriate or long-winded, by outsourcing it a period to correct and warning him that otherwise, the request will not be taken into account.

Chapter 2 defendant art. 111 definition is by accused person who, following a denunciation, a complaint or an act of procedure performed by a criminal authority, is suspected, accused or charged with an offence.
Any person against whom the procedure is resumed after a ranking order or a judgment within the meaning of art. 323 or the art. 410 to 415 has the rights and obligations of an accused person.

Art. 112 criminal proceedings brought against the company in the event of criminal proceedings brought against the company, the latter is represented by a single person who must be authorized to represent the company in civil cases without restriction.
If, after a reasonable period of time, the company has not appointed a representative, the Director of proceedings means that among people with the ability to represent the company in civil matters, will represent the latter in criminal proceedings.
If a criminal investigation is opened for the same facts or related facts against the person who represents the company in criminal proceedings, the company must designate another representative. If necessary, the Director of proceedings designates another representative within the meaning of para. 2 or, failing that, a third qualified.
If a criminal investigation is opened for the same facts or facts related as well against a physical person that business, procedures can be attached.

Art. 113 status the accused has no obligation to testify against himself. There the right to refuse to file and to refuse to participate in the procedure. However, it is required to submit to the constraint measures provided by law.
The proceedings even if the accused refuses to cooperate.

Art. 114 ability to take part in the proceedings the accused is able to take part in the debates if he is physically and mentally able to follow.
If the defendant is temporarily unable to participate in the debates, legal proceedings who do not suffer from report are executed in the presence of his counsel.
If the accused is permanently unable to take part in the debates, the procedure is suspended or closed. The special provisions governing the procedure against the irresponsible defendants are reserved.

Chapter 3 injured, victim and complainant Section 1 Lese art. 115 means injured anyone whose rights have been directly affected by a crime.
Are always considered as some injured people who have standing to file a complaint criminal.

Section 2 victim art. 116 definition means victim the injured who, because of an offence, has suffered a direct attack on its physical, psychological or sexual integrity.
Means relatives of the victim, his spouse, his children, his father and mother and other people having with it similar links.

Art. 117 the victim status enjoy special rights, including: a. the right to the protection of the personality (art. 70, al. 1, let a., 74, para. 4, and 152, al. 1); b. the right to be accompanied by a person of trust (art. 70, para. 2, and 152, al. 2);. c the right to measures of protection (article 152 to 154); (d) the right to refuse to testify (art. 169 al. (4); e. the right to information (art. 305 and 330, para. 3); (f) the right to a special composition of the Court (art. 335, al. 4).

When the victim is under 18 years of age, special provisions to protect his personality apply in addition, including those who: a. restrict the possibilities of confrontation with the accused (art. 154, para. 4); b. submit the victim to specific protection measures during the hearings (art. 154, paras. 2-4); c. allow the classification of the proceedings (art. 319 al. (2) when the relatives of the victim are civil parties against the defendants, they enjoy the same rights as the victim.

Section 3 complainant art. 118 definition and conditions means complainant the injured who expressly States wanting to participate in the criminal proceedings as applicant to criminal or civil.
A criminal complaint is equivalent to such a statement.
The declaration must be made before a criminal prosecution authority before the end of the preliminary proceedings.
If the grievor did not spontaneously statement, the Crown attracts his attention at the beginning of the preliminary procedure on his right to make one.

Art. 119 form and content of the statement the injured may make a statement, written or oral, oral statements being recorded in the minutes.
In the statement, the injured can cumulatively or alternatively: a. ask the prosecution and conviction of the person criminally responsible for the offence (criminal complaint); b. asserting civilian conclusions derived from the offence (civil action) by joining the criminal proceedings.

Art. 120 waiver and withdrawal the wronged may at any time declare in writing or by oral let him deny user rights that are his own; the oral statement is recorded in the minutes. The waiver is final.
If the waiver has not expressly restricted to the criminal aspect or the civil aspect, it applies both to the criminal complaint for civil action.

Art. 121 transmission of rights if the injured dies without relinquishing his procedural rights, these go to relatives in the sense of art. 110, al. 1, CP, in the order of succession.
The person who is subrogated by law to the rights of the injured party is empowered only to bring a civil action and cannot take advantage of the procedural rights which relate directly to the civil claim.

RS 311.0 Section 4 Action civil art. 122 General provisions as the complaining party, the injured party can assert civil conclusions derived from the offence by joining the criminal proceedings.
The same right belongs to the relatives of the victim, insofar as they argue against the accused of the own civil claim.
The civil action is pending as soon as the grievor argued a civil claim under art. 119, al. 2, let. (b) if the complainant withdraws his civil action before the close of the proceedings of first instance, it may again assert his civil claim by the civil way.

Art. 123 calculation and motivation to the extent possible, the complainant figure its civil findings in his statement under art. 119 and motivates them in writing; She cites the evidence means that she intends to rely.
The calculation and the motivation of the civil claim must be presented at the latest during the argument.

Art. 124 jurisdiction and procedure the court hearing of the criminal case judge the civil claim regardless of their value in dispute.
The defendant must be able to speak on the civil claim, at least during the proceedings of first instance.
If the defendant agrees to the civil claim, its declaration must be recorded in the minutes and in the final decision.


Art. 125 security for expenses caused by the civil claim the complainant, unless there is a victim, must provide to the defendant, on request, security for estimated expenses him cause the civil claim if: a. it has neither home or headquarters in Switzerland; b. She looks insolvent, particularly when it has been declared bankrupt, that a bankruptcy stay is underway or that there is an act of default of goods; c. There is place for other reasons fearing that the claim of the accused is greatly jeopardized or lost.

Management of the proceedings of the tribunal itself decides on the request. She stops the amount of collateral and shall fix the time in which they must be provided.
Collateral can be a cash deposit or a guarantee provided by a bank or an insurance established in Switzerland.
They can be later increased, reduced or cancelled.

Art. 126 the Court also decides on the civilian conclusions: a. when it makes a finding of guilt against the accused; b. when he pays the accused and the State of affairs is sufficiently established.

He referred the complainant to act by the civil way: a. when the criminal procedure is classified or close by the procedure of the criminal order; b. when the complainant has not been quantified its conclusions in a manner sufficiently accurate or don't them has not motivated; c. where the complainant does not provide securities on the cover of the claims of the accused; d. when the accused is acquitted when the State actually has not been sufficiently established.

In case the full judgment of the civil claim would require a work disproportionate, the Court may deal with them only in principle and the excess, refer the complainant to act through civil action. The claims of low value are, insofar as possible, judged by the tribunal itself.
In cases involving victims, the Court may hold in the first place the question of guilt and the criminal aspect; the direction of acting as a single judge procedure statue then on the civil claim regardless of the value in dispute, after further discussions between the parties.

Chapter 4 Board legal Section 1 principles art. 127. the accused, the complainant and the other participants in the proceedings may be assisted by legal counsel to defend their interests.
A party may be assisted several legal advice as far as the procedure is not unduly delayed. In such cases, it designates a senior representative who is authorized to perform the acts of representation before the criminal authorities and whose address is designated as unique home of notification among them.
Within the limits of the law and rules of his profession, legal counsel may defend the interests of several participants in the proceedings in the same procedure.
The parties can choose for legal advice any trustworthy person, enjoying civil capacity and having a good reputation; the law on lawyers is reserved.
The defence of the accused is reserved for lawyers who, under the law of 23 June 2000 on the lawyers are entitled to represent parties in the courts; the contrary provisions of the cantonal law on representation in proceedings concerning contraventions are reserved.

RS 935.61 Section 2 Defender art. 128 status the Defender is obliged, within the limits of the law and the rules of his profession, by the interests of the accused.

Art. 129 defense in all criminal proceedings and at any stage of these, the accused has the right to charge of his defence counsel within the meaning of art. 127, al. 5 (private defense) or, subject to art. 130, to defend oneself.
The exercise of private defence requires a written power of attorney or a statement of the accused recorded in the minutes.

Art. 130 mandatory defence the accused must have a counsel in the following cases: a. pre-trial detention, including the duration of provisional arrest, exceeded ten days; b. he faces a custodial sentence in addition to a year or a measure resulting in a deprivation of liberty; c. due to his physical or mental condition or for other reasons may not enough to defend its interests in the procedure and its legal representatives are not able to do so; d. the Crown personally intervenes before the Court of first instance or appellate jurisdiction; (e) a simplified procedure (art. 358 to 362) is implemented.

Art. 131 implementation of mandatory defence in case of compulsory defence, the Director of proceedings provides that the accused be assisted immediately by a defender.
If the requirements for compulsory defence are met at the opening of the preliminary procedure, the defence must be implemented after the first hearing by the public prosecutor and, in any case, before the opening of the investigation.
Administered evidence until a defender has been appointed, even though the need for a defence should have been recognised, are usable only if the accused waives repeat administration.

Art. 132 defence of office the Director of proceedings ordered a defence of office: a. in the case of compulsory defence: 1. If the accused, despite the invitation of the Director of proceedings, does not advocate private, 2 If the mandate is removed to the private defender or that it declined the mandate and that the accused has not designated a new advocate within the allotted time;

(b) if the accused lacks the means and the assistance of counsel is justified to safeguard its interests.

Defence of office for the purpose of protecting the interests of the accused is justified especially when the case is not minor and that it presents, in terms of facts or law, difficulties that the defendant alone could not overcome.
In any case, a case is not minor when the accused is liable to a custodial sentence in addition to four months, of a financial penalty over 120 days-fine or work of general interest more of 480 hours.

Art. 133 designation of the defender of office office Defender is appointed by the Director of competent proceedings at the relevant stage.
When she called the defender of office, the Director of proceedings takes into account the wishes of the accused to the extent possible.

Art. 134 removal and replacement of the defender of office if the reason originally of defence office disappears, the Director of proceedings revoke the mandate of the designated defender.
If the relationship of trust between the accused and the defender of office is seriously disturbed or an effective defence is no longer guaranteed for other reasons, the Director of proceedings says the defence of office to another person.

Art. 135 the office Defender the defender of agency compensation is compensated in accordance with at the rate of the lawyers of the Confederation or of the canton of the Forum of the trial.
The public prosecutor or the Court, which rules inside set the allowance at the end of the procedure.
The defender of office may be used: a. before the appeal authority, against the decision of the public prosecutor and the Court of first instance setting compensation; b. federal criminal court, against the decision of the authority of appeal or the Court of appeal of canton fixing the indemnity.

When the accused is ordered to bear the costs of the proceedings, it is required to refund as soon as its financial situation permits: a. Confederation or canton fees fees; (b) advocate the difference between his pay as a designated defender and fees he would have received as a private advocate.

Pretend Confederation or canton is prescribed 10 years from the day when the decision came into force.

Section 3 free legal aid for the complainant art. 136 conditions the Director of proceedings granted entirely or partially legal assistance to the complainant to allow him to assert his civil claims, under the following conditions: a. the complaining party is indigent; b. the civil action does not appear doomed to failure.

Legal aid includes: a. exemption from fees and security advances; (b) exemption from the costs of the proceedings; (c) the designation of free legal advice, where required by the defence of the interests of the complainant.

Art. 137 designation, revocation and replacement the art. 133 and 134 apply by analogy to the appointment, revocation and replacement of the free legal advice.

Art. 138 compensation and support for costs art. 135 shall apply by analogy to the compensation of the free legal advice; the final decision on the management fees of the free legal advice and expenses related to legal proceedings to which the complainant was provided to provide an advance is reserved.

When the accused is ordered to pay costs to the complainant, they come back to Confederation or canton the extent of spending for free legal aid.

Title 4 means of evidence Chapter 1 provisions General Section 1 Administration and operational art. 139 principles authorities implement all means of lawful evidence which, according to the State of scientific knowledge and experience, are clean with the truth.
There is no place to give evidence on relevant, notable facts, known criminal authority or already sufficiently proven.

Art. 140 of prohibited evidence means of restraint methods, the use of force, threats, promises, deception and ways to restrict the intellectual faculties or free will are prohibited in the taking of evidence.
These methods are prohibited even if the person concerned has consented to their implementation.

Art. 141 operation of the means of evidence illegally obtained evidence administered in violation of art. 140 are certainly not usable. This also applies when this code has that evidence is not exploitable.
The evidence which were administered in an unlawful manner or in breach of rules of validity by the criminal authorities are not usable, unless their operation is essential to solve serious crimes.
The evidence which were administered in violation of requirements of order are usable.
If evidence is collected with no usable evidence within the meaning of para. 2, it is not usable when it could not be collected without the administration of the first proof.
Documents relating to the means of no actionable evidence must be removed from the criminal case, kept apart until the final closure of the procedure and then destroyed.

Section 2 hearings art. 142 criminal authorities in hearings hearings are carried out by the public prosecutor, the criminal authorities responsible for contraventions and the courts. The Confederation and the cantons determine to what extent employees of these authorities can conduct interviews.
The police can hear the defendants and people called for information. The Confederation and the cantons can designate the members of the police force who are authorized to hear witnesses on behalf of the Crown.

Art. 143 execution of the hearing at the beginning of the hearing, comparing, in a language he understands, is: a. questioned his identity; b. informed of the purpose of the procedure and the quality with which it is understood; c. advised fully of his rights and obligations.

The observation of the provisions of para. 1 must be recorded in the minutes.
The criminal authority can do further research on the identity of comparing.
It invites comparison to express themselves on the subject of the hearing.
She strives, by clear questions and injunctions, to get complete statements and clarify the contradictions.
Comparing made its statements of memory. However, with the agreement of the Director of proceedings, it can deposit on the basis of written documents; These are placed in the file at the end of the hearing.
Dumb and deaf people are interviewed in writing or with the assistance of a qualified person.

Art. 144 hearing by videoconference the public prosecutor or the Court may order a hearing by videoconference if the person to be heard is unable to appear personally or she cannot appear at the cost of disproportionate efforts.
The hearing is recorded to support preserving the sound and the image.

Art. 145 written reports criminal authority may, instead of a hearing or in addition to, invite comparing it to submit a written report of its findings.

Art. 146 hearing from many people and comparing confrontations are heard separately.
The criminal justice authorities can confront people, including those who have the right to refuse to testify. The special rights of the victim are reserved.
They can force the appearing which, at the end of the hearings, will likely be faced with other people in the place of the debates until their confrontation.
The Director of proceedings can temporarily exclude a person from the debates in the following cases: a. There is a collision of interests; b. that person must still be heard in the proceedings as a witness, expert or person required to give information.

Section 3 right to participate in the administration of evidence art. 147. in general the parties the right to attend the administration of evidence by the Crown and the courts and ask questions of the appearing. The presence of the defenders during police interrogations is governed by art. 159. who asserted his right to participate in the proceedings may require that the evidence be adjourned.
A party or legal counsel may request that the taking of evidence should be repeated where, for compelling reasons, legal advice or the unrepresented party could not take part. It can be waived when it would lead to disproportionate costs and procedures and that the right of the parties to be heard, in particular that of questions comparing this repetition, can be satisfied in some other way.
The evidence in violation of this section are not usable at the party who was not present.

Art. 148 in the case of mutual assistance when the administration of evidence takes place abroad by letters rogatory, the right of participation of the parties is satisfied when the following conditions are met: a. the parties may address questions to the foreign authority; b. they may consult the minutes of the administration of the evidence made by letters rogatory; c. they can ask additional questions in writing.

Art. 147, al. 4, shall apply.

Section 4 measures of protection art. 149 in general if there is reason to fear that a witness, a person called upon to provide information, a defendant, an expert, a translator or a performer, or a person with a relationship within the meaning of art. 168, al. 1-3 may, because of their participation in the proceedings, be exposed to a serious danger threatening their lives or their limb or another drawback serious, management of the procedure takes, on request or ex officio, protection measures appropriate.
To this end, the Director of proceedings may limit appropriately the procedural rights parts including: a. ensure the anonymity of the person to be protected; b. conduct interviews in the absence of the parties or in private clos; c. verify the identity of the person to protect in the absence of the parties or in private clos; d. change the appearance and the voice of the person to protect or hide it at the sight of other people; e. limit the right of access to the file.

Management of the procedure may allow people to protect to have legal counsel or a trusted person.
It may also order measures of protection within the meaning of art. 154, al. 2 and 4, when persons under 18 are heard as witnesses or people called for information.
It ensures for each measure of protection the right to be heard of the parties, in particular the rights of the defence of the accused.
If anonymity has been guaranteed to the person to be protected, the Director of proceedings taking the right steps to prevent confusion and the sharing of people.

Art. 150 guarantee of anonymity the Director of proceedings can guarantee anonymity to protect people.
The Crown must submit the guarantee of anonymity in the approval of the Court of measures of constraint, indicating with precision within 30 days, all the elements necessary for the assessment of the legality of the measure. The measures of constraint Court itself decides.
If the measures of constraint Court refuses approval, the evidence already given under the guarantee of anonymity are not usable.
Once approved or ordered, the guarantee of anonymity between all authorities involved in the case.
The protected person may at any time waive anonymity.
The public prosecutor and the tribunal process management revoke the guarantee of anonymity when the need for protection is clearly gone.

Art. 151 measures of protection of the undercover agents undercover agent to which anonymity was guaranteed has right at that: a. his true identity is kept secret throughout the process and after the closing thereof against any person not on quality of Member of the Court dealing with the case; b. any information about his true identity is in the record of the procedure.

Management of the procedure taking protection measures required.

Art. 152 General measures to protect victims authorities guarantee the rights of the personality of the victim at all stages of the procedure.

For all legal proceedings, the victim may be accompanied by a person of trust in addition to legal counsel.
The criminal authorities to avoid that the victim is confronted with the accused if the victim requires it. If this is the case, they take into account otherwise the right of the accused to be heard. They can hear the victim under the protection measures provided for in art. 149, al. 2, let. b and d.
Confrontation can be ordered in the following cases: a. the right of the accused to be heard cannot be guaranteed otherwise; b. an overriding interest of the criminal prosecution requires it imperatively.

Art. 153 special measures to protect victims of offences against sexual integrity the victim of an offence against sexual integrity may require to be heard by a person of the same sex.
A confrontation with the accused cannot be ordered against the will of the victim that if the right of the accused to be heard cannot be guaranteed otherwise.

Art. 154 special measures to protect children within the meaning of this article, refers to the child who is less than 18 years old at the time of the hearing or confrontation.
The first hearing of the child must take place as soon as possible.
The authority may exclude the person of trust for the procedure when this person might influence the child in a decisive way.
It is expected that the hearing or confrontation could result in psychic damage serious child, the following rules apply: a. a confrontation of the child with the accused is excluded unless the child ask expressly the confrontation or the right of the accused to be heard cannot be guaranteed otherwise; b. the child should in principle not be subject to more than two hearings on the whole procedure; c. a second audition is organised if at the first, the parties were unable to exercise their rights, or if it is essential to the smooth running of the investigation or the safeguarding of the interests of the child; to the extent possible, it is led by the person who conducted the first hearing; (d) the hearing is conducted by an investigator trained, in the presence of a specialist; If no confrontation is organised, the hearing is recorded on a support preserving the sound and image; e. the parties exercise their rights through the person conducting the hearing; f. the investigator and the specialist record their observations in a report.

Art. 155 measures to protect persons with mental disorders auditions of people with mental disorders are limited to the indispensable; their number is limited as much as possible.
The Director of proceedings can load a criminal authority or a social service specialist to proceed with the hearing or request the assistance of members of family, others of trust or experts.

Art. 156 measures to protect people outside the procedure the Confederation and the cantons may provide for measures to protect people outside the procedure.

Chapter 2 hearing of the defendant art. 157 principle criminal authorities can, at all stages of the criminal proceedings, hear the accused of offences which he is charged.
In doing so, they give him the opportunity to express themselves fully on the offences in question.

Art. 158 information to be given at the first hearing at the start of the first hearing, the police or the public prosecutor shall inform the accused in a language he understands: a. a preliminary procedure is open against him and for what offences; (b) that he may not drop and collaborate; c. that he has the right to appeal to a defender or ask a defender of office; d. he may request the assistance of a translator or an interpreter.

Auditions performed without these information have been given are not usable.

Art. 159 hearing conducted by the police in the investigation procedure at a hearing conducted by the police, the accused is entitled to that counsel be present and can ask questions.
When the defendant is the subject of a provisional arrest, he has the right to communicate freely with counsel in case of hearing conducted by the police.
Who makes those rights may require an adjournment of the hearing.

Art. 160 terms of hearing in case of confession if the defendant confesses, the public prosecutor or the Court to ensure the credibility of his statements and invite him to precisely describe the circumstances of the offence.

Art. 161 review of the personal situation in the framework of the preliminary proceedings the public prosecutor questions the accused about his situation when an indictment or a criminal order are predictable or if necessary for other reasons.

Chapter 3 Section 1 provisions witnesses General art. 162 definition refers to witness any person who did not participate in the infringement, which is likely to make statements that are useful for the clarification of the facts and that is not heard in person called upon to provide information.

Art. 163 ability and obligation to testify to any person over 15 years old and capable of discernment as to the purpose of the hearing has the ability to testify.
Anyone able to testify has the obligation to testify and tell the truth; the right of refusing to testify is reserved.

Art. 164 witnesses background and the circumstances of a witness information are being researched that if this information is necessary to assess his credibility.
The Director of proceedings may order an ambulatory expertise if it has doubts about the ability of discernment of a witness or that it shows signs of mental disorders and the importance of criminal proceedings and the testimony justified.

Art. 165 duty of discretion of the witnesses the authority conducting the hearing may direct the witness, under communication of the sentence under art. 292 CP, silence on the planned hearings or made and their object.
This obligation is limited in time.
The injunction can be given in the citation of the witness to testify.

RS 311.0 art. 166 hearing of the injured the injured is heard as witness.
The quality of person called hearing to provide information according to art. 178 is reserved.

Art. 167 compensation the witness is entitled to a fair compensation to cover its loss of profits and expenses.

Section 2 right to refuse to testify art. 168 right to refuse to testify because of personal relationships can refuse to testify: a. the spouse of the accused or the person conducting a marriage with him; (b) the person who has a child with the defendant; c. parents and allies of the accused in direct line; d. the brothers and sisters and half-brothers and sisters of the accused as well as their spouse; e. the brothers and sisters and half-brothers and sisters of the spouse of the accused, as well as their spouse; f. foster parents, children entrusted to the care of the accused and persons in the same family as the accused; g. guardian, the legal Council and the trustee of the accused.

The right to refuse to testify in the sense of para. 1, let. a and f, remains also after the dissolution of the marriage or the end of the placement.
Registered partnership equivalent to marriage.
The right to refuse to testify cannot be used if the following conditions are met: a. criminal procedure covers an offence referred to in art. 111 to 113, 122, 124, 140, 184, 185, 187, 189, 190 or 191 CP; (b) the offence was committed at the expense of someone close to the witness in the sense of the al. 1-3.

Since the entry into force of the Federal ACT of 19 Dec. 2008 (protection of the adult, right people and right of filiation; RO 2011 725) Jan 1. 2013: the guardian and trustee.
Art. 4 to 11 October 19 o. 1977 regulating the placement of children for purposes of maintenance and for adoption (RS 211.222.338).
RS 311.0 new content according to chapter III of the Federal ACT on Sept. 30. 2011, in effect since July 1. 2012 (2012 2575 RO; FF 2010 5125 5151).

Art. 169 right to refuse to testify for his own protection or that of a close anyone could refuse to testify if his statements are likely to cause to the point that she: a. could be made criminally responsible; b. could be made legally responsible for and the interest in its protection outweighs the interest of the criminal procedure.

Anyone can also refuse to testify if his statements are likely to cause a relative within the meaning of art. 168, al. 1 to 3; art. 168, al. 4, is reserved.
A person could refuse to testify if his statements are likely to expose his life or physical integrity or those of a loved one in the sense of art. 168, al. 1 to 3, a serious threat or exposing it to another major drawback that safeguards cannot prevent.
In all cases, offences against sexual integrity, a victim may refuse to answer questions that relate to his intimate sphere.

Art. 170 right to refuse to testify based on secrecy


Officials within the meaning of art. 110, al. 3, CP and the members of the authorities can refuse to testify on the secrets that have been entrusted to them in their official capacity or which they have knowledge in the exercise of their function or their load.
They must testify if the authority to which they are subjected there has authorized them in writing.
The Authority directs the person to testify if the interest to the manifestation of the truth outweighs the interest in the maintenance of secrecy.

RS 311.0 art. 171 right to refuse to testify based on professional secrecy clergymen, lawyers, advocates, notaries, attorneys patent, doctors, dentists, chiropractors, pharmacists, midwives, psychologists as well as their assistants can refuse to testify on the secrets that have been entrusted to them under their profession or which they have knowledge in the exercise thereof.
They must testify: a. when they are subject to the obligation to denounce; b. when they are released from the secret, according to art. 321, ch. 2, CP, by the master of the secret, or in written form, by the competent authority.

The criminal authority respect professional secrecy even if the holder in was loosed when it makes it likely that interest from the master to the maintenance of secrecy prevails over the interest to the manifestation of the truth.
The law of 23 June 2000 on lawyers is reserved.

New content according to art. 48 No 2 of the Federal ACT of 18 March 2011 on the profession of psychology, in effect since April 1, 2013 (RO 2012 1929, 2013 915 975; FF 2009 6235).
RS 311.0 RS 935.61 art. 172 protection of the sources of the media professionals who, professionally, in the publication of information in the editorial part of a periodic and their auxiliaries may refuse to testify about the identity of the author as well as the content and the source of their information.
They must testify: a. when their testimony is needed to bring relief to a person whose physical integrity or life is directly threatened; b. when, in the absence of their testimony, any of the following offences could be clarified or that the accused of this offence could be apprehended: 1. a homicide within the meaning of art. 111 to 113 CP, 2. a crime punishable by a custodial sentence of at least three years, 3. an offence referred to in art. 187, 189, 190, 191, 197, al. 4, 260, 260, 305, 305 and 322 to 322 CP, 4. an offence within the meaning of art. 19, al. 2, of the Act of October 3, 1951, on narcotics.

RS 311.0 new content according to point 2 of the annex to the AF Sept. 27. 2013 (Conv. Lanzarote), in effect since July 1. 2014 (2014 1159 RO; FF 2012 7051).
Erratum of the CdR of the SSA. fed. Sept. 19. 2011, published on 4 oct. 2011 (2011 4487 RO).
SR 812.121 art. 173 right to refuse to testify based on other duties of discretion who are obliged to observe professional secrecy under one of the following provisions must file if the interest in the truth outweighs the interest in the maintenance of secrecy: has. art. CP 321; b. art. 139, al. 3, of the civil code; c. art. 2 of the Federal Act of 9 October 1981 on pregnancy advice centres; d. art. 11 of the Act of 23 March 2007 on assistance to victims; e. art. 3 c, al. 4, of the Act of October 3, 1951, on narcotics.

Holders of other secrets protected by law are required to file. The Director of proceedings can free them from the obligation to testify when they make it likely that the interest in the maintenance of secrecy prevails over the interest to the manifestation of the truth.

RS 311.0 RS 210. This art. is currently revoked.
RS 857.5 new content according to ch. II 7 of the annex to the Federal ACT of 19 March 2010 on the Organization of the criminal authorities, in force since Jan. 1. 2011 (2010 3267 RO; FF 2008 7371).
RS 312.5 Erratum of the CdR of the SSA. fed. Sept. 19. 2011, published on 4 oct. 2011 (2011 4487 RO).
SR 812.121 art. 174 to decide on the admissibility of the right to refuse to testify the decision on the admissibility of the right to refuse to testify: a. in the preliminary procedure: the competent authority hearing; b. after the indictment: in court.

The witness may apply to the appeal authority to decide immediately after notification of the decision.
The witness can refuse to testify until the delivery of the appeal authority is known.

Art. 175 exercise of the right of refusing to testify the witness may at any time invoke the right to refuse to testify even if he gave up.
Statements made by a witness once he was informed of the right to refuse to testify may be used as evidence, even if he later asserts this right, as long as he had renounced.

Art. 176 refusal unjustifiable to testify to anyone, without right, refuses to testify can be punished with a fine and forced to bear the expenses and allowances incurred by its refusal.
If the person compelled to testify or inaction persists in his refusal, she is again urged to drop under communication of the sentence under art. 292 CP. New refusal, criminal proceedings are opened against it.

RS 311.0 Section 3 hearing of witnesses art. 177. at the beginning of each hearing, the authority hearing the witness tells him his obligation to testify and respond in accordance with the truth and warns him of the criminal liability of false testimony in the sense of art. 307 CC. Otherwise this information, the hearing is not valid.
At the beginning of the first hearing, the authority questioning the witness on its relationship with the parties and other circumstances to determine credibility.
The authority draws attention of the witness about his right to refuse to testify when coming out of the interrogation or the folder indicates that this right is recognized. If this information is not given and the witness later argued his right to refuse to testify, the hearing is not exploitable.

RS 311.0 Chapter 4 people called for information art. 178 definition is heard as a person called upon to provide information, anyone who: a. emerged complainant; b. has not yet fifteen years at the time of the hearing; c. is not able to fully understand the testimony of a witness due to capacity of discernment restricted; d. without being yourself warned, could prove be the author of the facts to elucidate or a related offence , or a participant in these acts; e. must be interrogated as a punishable act that is not imputed to him co-prevenu f. has the status of defendant in another procedure, because of an offense that has to do with offences to be elucidated; g. has been or may be appointed representing the company in a procedure against it , as well as its employees.

Art. 179 hearing by the police of the people called for information the police question people called for information as people who cannot be considered as defendants.
The hearing as a witness in the sense of art. 142, al. 2, is reserved.

Art. 180 status the people to give information to the senses of the art. 178, let. b to g, are not required to file; In addition, the provisions concerning the hearing of defendants are applicable by analogy.
The complainant (art. 178, let. a) is required to file to the public prosecutor, in court and in front of the police if the hearing is made on behalf of the Crown. In addition, the provisions regarding cookies are applicable by analogy, with the exception of art. 176 art. 181 hearing at the beginning of the hearing, the criminal authorities attention of the people called for information on their obligation to file or their right to refuse to file or to testify.
Criminal authorities attention of the people called to provide information who have the duty to testify or who report ready on the criminal consequences of a slanderous accusation, of statements designed to mislead justice in error or an impediment to criminal action.

Chapter 5 Experts art. 182 recourse to an expert of the public prosecutor and the courts are using one or several experts when they do not have the knowledge and capabilities to see or judge a statement of fact.

Art. 183 qualified expert only one can be nominated as an expert a natural person who, in the field, has the knowledge and the necessary skills.
The Confederation and the cantons may have use of permanent experts or official experts in certain areas.
The reasons for disqualification set forth in art. 56 are applicable to experts.

Art. 184 designation and mandate the Director of proceedings refers to the expert.
It establishes a written mandate that contains:

a. the name of the expert appointed; b. eventually, reference allowing the expert to call to others working under its responsibility for the realization of expertise; c. a precise definition questions to elucidate; d. the deadline for the submission of the expert report; (e) the reference to the obligation of secrecy to which are subject the expert as well as its potential auxiliaries; (f) the reference to the criminal consequences of a false report in the sense of art. 307 CC.

The Director of proceedings gives prior to the parties the opportunity to comment on the choice of the expert and the questions that are asked and make their own proposals. However, it can renounce in the case to laboratory tests, particularly when it comes to determine the proportion of alcohol in the blood or the degree of purity of certain substances, to establish a DNA profile, or to prove the presence of drugs in the blood.
She shall provide the expert with the mandate parts and objects necessary for the establishment of expertise.
She may revoke the mandate at any time and appoint a new expert if in the interest of the cause.
She can ask for a quote before the award of the mandate.
If the complainant requires expertise, management of the procedure can subordinate the mandate granted to the payment of an advance of costs by the complainant.

RS 311.0 art. 185 development of expertise the expert responds personally the delivery of expertise.
The Director of proceedings may invite the expert to attend legal proceedings and allow him to ask questions to the people who need to be heard.
If the expert finds it necessary to get complements on the record, he does the procedure management.
The expert may himself conduct simple investigations who have a close relationship with the mandate entrusted to him and summon people for this purpose. These must respond to the summons. If they refuse, the police may bring them to the expert.
If the expert conducting investigations, the accused and persons who have the right to refuse to file or to testify may, within the limits of this right, refuse to work or to make statements. The expert shall inform individuals of their right at the beginning of the investigations.

Art. 186 hospital for purposes of expertise the public prosecutor and the courts may order the hospitalization of the accused if this is necessary for the establishment of a medical expertise.
The Crown requires the Court of measures of constraint the hospitalisation of the defendant when it is not in pre-trial detention. The Court decides in written procedure.
If it appears during the procedure before the tribunal that hospitalization is necessary in anticipation of expertise, the Court decides in written procedure.
The hospital stay shall be charged on the length of the sentence.
In addition, the provisions on pre-trial detention and detention for security reasons apply by analogy to hospitalization for expertise purposes.

Art. 187 the removal expert expertise form a written report. If other people participated in the establishment of expertise, their names and the positions they have held should be expressly mentioned.
The Director of proceedings may order that expertise be made orally or that a written report be commented or completed orally; in this case, the provisions on the hearing of witnesses shall apply.

Art. 188 comments parts door procedure management expert wrote to the knowledge of the parties and their fixed time their comments.

Art. 189 expertise to supplement or clarify either ex officio or at the request of a party, the Director of proceedings is complete or clarify an expertise by the same expert or designates another expert in the following cases: a. expertise is incomplete or unclear; b. Several experts differ markedly in their findings; c. the accuracy of expertise is being questioned.

Art. 190 compensation expert is entitled to fair compensation.

Art. 191 negligence by the expert if the expert does not meet its obligations or does not fulfil within the deadline, the procedure may: a. the punishment to a fine of order; (b) revoke his mandate without paying him compensation for the work done.

Chapter 6 material evidence art. 192 pieces of evidence the criminal authorities pay to file original exhibits in their entirety.
Copies of titles and other documents can be performed if this is enough for the purposes of the proceedings. They must, if necessary, be authenticated.
The parties may examine the evidence within the limits of the provisions governing the consultation of the file.

Art. 193 inspection the public prosecutor, the Court and, in the case simple, police inspect on-site objects, places and processes that are important for the assessment of a State of fact but only can be used directly as evidence.
Everyone must tolerate an inspection and allow people who perform access to the scene.
If it is necessary to penetrate into buildings, homes or other non-public premises, the competent authority is subject to the provisions governing the search.
Inspections are documented by records on a support preserving the sound and image, plans, drawings, descriptions, or in any other appropriate way.
The Director of proceedings may order that: a. other procedural documents are moved to places of inspection; (b) the inspection is combined with a reconstruction of the facts or a confrontation. in this case, defendants, witnesses and persons to provide information are obliged to participate; their right to refuse to testify is reserved.

Art. 194 production of records, the public prosecutor and the courts require the records of other procedures when necessary to establish the facts or to judge the accused.
Administrative and judicial authorities allow their records when no public or private interest leading to the maintenance of the secret objects.
Disagreements between a same canton authorities are decided by the appeal of this canton authority; those who opposed authorities of cantons or the cantonal authorities and a federal authority are by the federal criminal court.

Art. 195 request reports and intelligence authorities require the official reports and medical certificates relating to facts that can be of importance in the light of the criminal procedure.
In order to elucidate the personal circumstances of the accused, the public prosecutor and the courts requested information on the judicial history and the reputation of the accused, as well as other relevant reports with official services or individuals.

Title 5 measures of constraint Chapter 1 provisions general art. 196 definition coercive measures are acts of procedure of authorities which violate fundamental rights of the persons concerned; they serve to: a. put the evidence safe; b. ensure the presence of some people during the procedure; c. ensure execution of the final decision.

Art. 197 principles measures of constraint may be taken only on the following conditions: a. they are specified by the Act; b. sufficient suspicions indicates an offence; c. the goals cannot be achieved by less severe measures; d. they appear justified in the light of the seriousness of the offence.

Coercive measures that infringe on fundamental rights people who do not have the status of accused are applied with a special restraint.

Art. 198 jurisdiction measures of constraint may be ordered by: a. the Crown; b. the tribunal and, in urgent cases, the Director of proceedings; c. the police, in the cases provided by law.

When the police is empowered to order or to execute coercive measures, the Confederation and the cantons can book this skill to members of the police force of a certain grade or a certain function.

Art. 199 communication of the pronounced when a constraint measure is ordered in writing, a copy of the warrant and a copy of any minutes of execution are given against receipt to the person directly affected, as long as the measure of constraint is not secret.

Art. 200 recourse to the force the force cannot be used as a last resort to execute measures of constraint; the intervention must be in line with the principle of proportionality.

Chapter 2 mandate of appearance, arrest warrant and Research Section 1 term of court art. 201 form and content any mandate of appearance of the public prosecutor, the criminal fines and court authorities is given in writing.
The mandate includes:

a. the designation of the authority which awarded him and people who run the pleading; (b) the designation of the person cited to appear and the quality which she must participate in the pleading; c. the basis for the warrant, as long as the purpose of the statement is not opposed to this indication; (d) the place, date and time of the appearance. e the summons to appear personally; f. the legal consequences of absence not apologized; g. date of its establishment; h. the signature of the person who gave it.

Art. 202 delay the mandate of appearance is notified: a. in the preliminary procedure, at least three days prior to the date of the proceeding; (b) in proceedings before the Court, at least ten days before the date of the pleading.

The public mandate of appearance is published at least one month before the date of the pleading.
When setting dates to appear in legal proceedings, the authority takes into account appropriately the availability of the people listed.

Art. 203 exceptions a warrant of appearance may be issued in another form than prescribed and in a shorter time in the following cases: a. emergency; (b) the defendant has agreed.

Anyone who is present at the place where takes place the Act of procedure or is being held can be heard immediately and without summons.

Art. 204 safe-conduct if persons to appear are abroad, the public prosecutor or the procedure of the tribunal may grant them a safe-conduct.
A person who has received a safe-conduct cannot be stopped in Switzerland due to offences or convictions prior to his stay, or there be subject to other measures resulting in a deprivation of liberty.
The grant of safe conduct may include conditions. In this case, the Authority notifies the recipient that any breach of the conditions related to the safe-conduct lead to its invalidation.

Art. 205 duty to appear, prevention and fault anyone who is subpoenaed by a criminal authority is obliged to follow the mandate of appearance.
One who is unable to act on a mandate of appearance shall inform without delay the authority which awarded it; It must indicate the reasons for its prevention and submit any supporting documents.
The appearance may be revoked for good cause. The revocation is effective from the moment it was notified to the defendant.
One who, without be excused, does not suite or responds too late to a mandate of appearance awarded by the public prosecutor, a criminal authority contraventions or tribunal can be punished with a fine. In addition, it can be taken by the police before the competent authority.
The provisions governing the procedure by default are reserved.

Art. 206 appearance mandates awarded by the police during the police investigation, the police can quote people without formalities or special terms in order to question them, to establish their identity or save their identifying data.
One who does not follow a mandate of the appearance of the police may be the subject of a warrant of arrest given by the public prosecutor if he was threatened in writing of this measure.

Section 2 mandate to bring art. 207 conditions and competence can be the subject of a warrant of arrest any person: a. who gave no response to a mandate of appearance; b. which presumably in light of concrete evidence that it will not proceed with a mandate of appearance; c. whose immediate appearance, in case of crime or offence, is essential in the interest of the procedure; d. who is strongly suspected of having committed a crime or an offence and for which there is rather than assume the reasons for detention.

The arrest warrant is awarded by the Director of proceedings.

Art. 208 shape of a mandate to bring the warrant of arrest is given in writing. In an emergency, it may be given orally; However, it must be confirmed in writing.
The arrest warrant contains the same indications as the mandate of appearance as well as the mention of express authorization for the police to use force if necessary and into buildings, homes and other non-public premises to carry out the mandate.

Art. 209 procedure the police run the warrant with the maximum of respect for the people involved.
It has the mandate to bring the person concerned and before the authority immediately, or at the time stated on the mandate.
The authority informs the brought person, without delay and in a language that she understands, of the basis for the warrant to bring, run the pleading and releases then immediately unless she offers to order pre-trial detention or detention on grounds of security.

Section 3 research art. 210 principles the public prosecutor, the criminal authorities responsible for contraventions and the courts can order investigations against persons whose place of residence is unknown and whose presence is necessary to the conduct of the proceedings. In an emergency, police can send itself a search.
If the accused is strongly suspected of having committed a crime or an offence and it is necessary to assume the reasons for detention, the authority may send a search to stop it and bring it before the competent authority.
Unless the public prosecutor, the criminal contraventions authority or the Court decides otherwise, the onus is on the police to run the APB.
The al. 1 and 3 shall apply by analogy to looking for objects and heritage values.

Art. 211 public participation the public can be called to participate in the research.
The Confederation and the cantons can issue provisions on the award that can be awarded to individuals who have made a crucial contribution to the research.

Chapter 3: deprivation of liberty, detention and detention for reasons of Security Section 1 provisions general art. 212 principles the accused remains at large. It cannot be subjected to coercive measures resulting in a deprivation of liberty within the limits of the provisions of this code.
Coercive measures resulting in a deprivation of liberty should be lifted as soon as: a. the conditions for their application are no longer met; (b) the term provided for by this code or determined by a court has expired; c. alternative measures to achieve the same goal.

Pre-trial detention and detention for security reasons should not last longer than the predictable custodial sentence.

Art. 213 visit home if it is necessary to penetrate into buildings, homes or other non-public premises to apprehend or arrest a person, the search warrant provisions are applicable.
When there is danger in delay, the police may enter premises without a warrant.

Art. 214 information if a person is arrested provisionally or put in pre-trial detention or detention on grounds of security, the competent criminal authority immediately inform: a. relatives; (b) at the request of the person concerned, his employer or the foreign representation which it falls.

The information is not disclosed if the purpose of education ban or if the person concerned is expressly opposed.
If a person who depends on the defendant is facing difficulties because of coercive measures resulting in a deprivation of liberty, the criminal authority informs the competent social services.
Unless it is expressly opposed to, the victim is informed of the detention on remand or detention for reasons of safety of the accused, or of a measure of substitution within the meaning of art. 237, al. 2, let. c or g, from his release from this measure of constraint or his escape. The authority may decline to inform the victim of the liberation of the accused if this information were to expose it to serious danger.

New content according to section 1 of the annex to the Federal ACT of 13 Dec. 2013 on the prohibition to exercise an activity, the prohibition of contact and geographic ban, in force since Jan. 1. 2015 (2014 2055 RO; FF 2012 8451).

Section 2 Apprehension and right on art. 215 apprehension in order to elucidate an offence, the police can apprehend a person and, if necessary, drive her to the post in the following: a. establish his identity; b. the question briefly; c. determine whether she has committed an offence; d. determine whether research should be undertaken thereon or about objects in his possession.

The police can compel the apprehended person: a. to identify self; b. to produce his identity papers; c. to present the objects that she carries with her; d. to open his baggage or his vehicle.

The police may ask individuals to lend strong hand when it apprehends a person.
If serious evidence indicates that crimes are being committed or are defendants in a certain place, the police can block issues and, if necessary, to apprehend people.

Art. 216 right now


In an emergency, the police are able to pursue and apprehend a defendant on the territory of another town, another canton or, within the limits set by international treaties, in the territory of a foreign State.
If the apprehended person must be stopped, it is given without delay to the competent authority of the place of apprehension.

Section 3 arrest temporary art. 217 arrest by the police is held provisionally arrest and lead to the position any person: a. She was surprised in the Act of crime or offence or that she intercepted immediately after such an act; b. being reported.

The police may stop temporarily and lead to the position any person suspected on the basis of a survey or other reliable information of committing a crime or misdemeanour.
It can stop temporarily and lead to the position any person caught in flagrante delicto of contravention or intercepts immediately after such an act if: a. the person refuses to identify himself; b. the person does not live in Switzerland and does not immediately provide collateral for the fine incurred; c. the arrest is necessary to prevent that person from committing other violations.

Art. 218 arrest by private individuals when the help of the police cannot be obtained in time, an individual has the right to provisionally arrest a person in the following cases: a. it was surprised that person in the Act of crime or offence or has intercepted it immediately after such an act; b. the population was called to assist in the search of this person.

During an arrest, individuals can use force only within the limits set in art. 200. the arrested person is given to the police as soon as possible.

Art. 219 police police procedure establishes the identity of the arrested person immediately after the arrest, informed him in a language she understands the reasons for his arrest and education about its rights to the senses of the art. 158. She then shall immediately inform the public prosecutor of the arrest.
In application of art. 159, the police then question the arrested person on the facts which it is suspected and shall immediately proceed to the necessary investigation to confirm or rule out suspicion and detention reviews.
Resort investigations there is not or more grounds for detention, the detainee is released immediately. If the investigations confirm the suspicions as well as a ground for detention, the police brings the person without delay to the public prosecutor.
The person provisionally arrested is released or brought before the public prosecutor within 24 hours; If the provisional arrest follows an apprehension, the duration is deducted from these 24 hours.
When a person is temporarily arrested for one of the grounds mentioned in art. 217, al. 3, and it must be kept at the station more than three hours, the extension must be ordered by members of the police force authorized by the Federal Government or by the canton.

Section 4 pre-trial Detention and detention for reasons of safety; General provisions art. 220 definitions pre-trial detention begins where the measures of constraint Court so directs and ends when the indictment shall be notified to the Court of first instance, the accused begins to purge his private assent of freedom in advance or that he be released during the investigation.
Detention for reasons of safety begins when the indictment is reported to the Court of first instance and ends when the judgment becomes enforceable, the defendant begins serving his private assent of freedom or that he be released.

Art. 221 conditions of pre-trial detention and detention for reasons of safety may be ordered only when the accused is strongly suspected of having committed a crime or an offence and that there is serious cause for concern: a. is soustraie to criminal procedure or the predictable punishment by fleeing; b. it jeopardize the search for truth by exercising an influence on individuals or by altering evidence means; c. what he seriously jeopardize the safety of others by crimes or serious offences after having already committed offences of the same kind.

The detention may be ordered if there is serious reason to fear that a person spends in the Act after threatening to commit a serious crime.

Art. 222Voies of law the inmate may challenge in the appeal authority decisions ordering a detention on remand or to detention for reasons of security or the extension or the term of detention. Art. 233 is reserved.

New content according to ch. II 7 of the annex to the Federal ACT of 19 March 2010 on the Organization of the criminal authorities, in force since Jan. 1. 2011 (2010 3267 RO; FF 2008 7371).

Art. 223 relations of the accused with counsel during the procedure of detention, the Defender may attend the hearings of the accused and the administration of additional evidence.
Every accused person can communicate at any time and without surveillance with his Defender, either orally or in writing, during the procedure of detention before the public prosecutor and the courts.

Section 5 Detention provisional art. 224 procedure of detention to the public prosecutor of the public prosecutor questions the accused without delay and gives him the opportunity to express themselves on the suspicions and the grounds for detention that is held against him. He shall immediately proceed to the administration of the readily available evidence that could confirm or rule out suspicion and detention reviews.
If the suspicions and the reasons for detention are confirmed, the Crown proposes to the measures of constraint Court, without delay but at the latest within 48 hours of the arrest, to order pre-trial detention or an alternative measure. The Crown must provide its written request, motivates briefly and there joined the essential parts of the file.
If the Crown does not propose the pre-trial detention, he orders the immediate release of the accused. If he offers an alternative measure, he takes the interim provisions that are necessary.

Art. 225 detention proceedings to coercive measures immediately after the receipt of the request of the public prosecutor, the Court of measures of constraint Court summoned the public prosecutor, the accused and his counsel at a hearing in camera; It may require the public prosecutor to participate.
The measures of constraint Court entitles upon request and prior to the hearing to the accused and his defence counsel access to the records in its possession.
One who, for valid reasons, does not arise at the hearing may file written submissions or return to previous writings.
The measures of constraint Court collects the evidence likely to confirm or to rule out suspicion and detention reviews immediately available.
If the accused expressly waives an oral hearing, the Court of measures of constraint rules in writing on the basis of the request of the public prosecutor and the indications of the accused.

Art. 226 tribunal decision of the tribunal of coercive measures coercive measures shall rule immediately, but at the latest within 48 hours of receipt of the request.
He communicates verbally and immediately its decision to the public prosecutor, the accused and his advocate, or in writing if they are absent. The decision is also briefly reasoned and notified in writing.
If he orders the remand, the measures of constraint court draws attention of the accused on the fact that he may at any time apply for release.
In his decision, he may: a. set the maximum duration of pre-trial detention; b. compel the Crown to proceed with certain proceedings; c. order an alternative in place measure and place of detention.

If the measures of constraint Court does not order the pre-trial detention, the accused is immediately released.

Art. 227 application for extension of pre-trial detention at the end of the duration of pre-trial detention set by the tribunal of the coercive measures, the public prosecutor may request the extension of the detention. If the period of detention is not limited, the request must be presented within three months after the beginning of the detention.
The Crown transmits to the measures of constraint Court extension request written and motivated, at least four days before the end of the period of detention, and there joined the essential parts of the file.
The measures of constraint Court grants the right of access to the file in its possession to the detainee and his counsel and their sets a deadline of three days to express themselves in writing on the request for extension.
He may order an extension of detention until he ruled.
The measures of constraint Court rules no later than within five days following receipt of the reply or the expiry of the period set in the al. 3. it can compel the Crown to proceed with certain pleadings or ordering an alternative measure.

As a general rule, the procedure takes place in writing; However, the coercive measures court may order a hearing; It takes place behind closed doors.
Pre-trial detention may be extended several times, each time for three months at the most and, in exceptional cases, of six months at most.

Art. 228 application for release from custody the accused may submit at any time, in writing or orally for mention in the minutes, a request for release to the public prosecutor, subject to para. 5. the application must be briefly stated.
If the Crown responds favorably to the request of the accused, he ordered his immediate release. If he does not give a favourable response to the request, it passes it to the measures of constraint Court at the latest within three days from its receipt, with a reasoned statement.
The measures of constraint court notifies the position taken by the Crown to the accused and to his counsel and their sets a deadline of three days to present a response.
Judgment in camera, at the latest within five days following receipt of the reply or the expiry of the period set in the al. 3. If the accused expressly waives a hearing, the decision may be made in written procedure. Moreover, art. 226, al. 2 to 5, shall apply by analogy.
In its decision, the Court of measures of constraint may set a deadline of a month during which the accused cannot deposit request for release.

Section 6 Detention for reasons of security art. 229 decision ordering detention for reasons of safety upon written request by the public prosecutor, the measures of constraint Court rules on detention for security reasons when it follows a remand.
When the grounds for detention appear only after the filing of the indictment, the Director of proceedings of the Court of first instance executes the procedure of detention by applying by analogy the art. 224 and application of measures of constraint to order detention for reasons of safety.
Are applicable by analogy to the procedure before the tribunal of coercive measures: a. the art. 225 and 226, when there were no provisional detention; b. art. 227, where there has been prior detention.

Art. 230 release from detention for security reasons during the proceedings at first instance during the proceedings at first instance, the accused and the Crown may apply for release.
The request should be addressed to the Director of proceedings of the Court of first instance.
If the Director of proceedings give a favourable response to the request, she orders the immediate release of the accused. If she does not give a favourable response to the request, it passes it to the Court of measures of constraint to decision.
In agreement with the public prosecutor, the Director of proceedings of the Court of first instance may order itself the liberation. In case of disagreement of the Crown, the Court of measures of constraint rules.
Moreover, art. 228 shall apply by analogy.

Art. 231 detention for reasons of safety resulting from the judgment of first instance at the time of the judgment, the Court of first instance determines if the defendant who was convicted must be placed or held in detention for security reasons: a. to ensure the execution of the sentence or of the pronounced measure; b. in anticipation of the appeal procedure.

If the accused in detention is acquitted and that the Court of first instance ordered his release, the Crown can apply to the branch of the procedure of the Court of appeal through the Court of first instance, to extend his detention for reasons of safety. In such a case, the person concerned remains in detention until the Director of proceedings of the Court of appeal has ruled. It decides on the request of the public prosecutor within five days as of the filing of the application.
If the call is removed later, the Court of first instance adjudicates the imputation of the detention after the judgment.

Art. 232 detention for security reasons during the procedure before the Court of appeal if reasons of detention do not appear during the procedure before the Court of appeal, the Director of proceedings that immediately bring the accused by the police and questioned him.
Management of the proceedings of the Court of appeal shall decide within 48 hours from the moment the accused was brought to him; his decision is not subject to appeal.

Art. 233 request for release during the proceedings before the appeal court management of the proceedings of the Court of appeal decide within five days on requests for release; his decision is not subject to appeal.

Section 7 Execution of pre-trial detention and detention for reasons of security art. 234 detention facility as a general rule, pre-trial detention and detention for reasons of safety are performed in institutions for this purpose and which serve only to enforcement of short custodial sentences.
The competent cantonal authority may place the accused in custody in a hospital or a psychiatric clinic where medical reasons require.

Art. 235 execution of detention the freedom of the accused in custody cannot be restricted only to the extent required by the purpose of the detention and the respect of order and security in the institution.
Any contact between the accused in detention and third parties is subject to the authorization of the Director of proceedings. Visits are supervised if necessary.
The direction of the procedure control incoming and outgoing mail with the exception of correspondence with regulators and criminal authorities. During detention for reasons of safety, it may entrust this task to the Crown.
The remand prisoner may communicate freely with his counsel and without the content of their trade is controlled. If there is a risk of abuse, the Director of proceedings may, with the agreement of the Court of measures of constraint, temporarily limit the relations of the accused with his Defender; She informs them previously.
The cantons regulate the rights and obligations of the accused in detention, their rights of recourse, disciplinary measures, as well as the monitoring of detention facilities.

Art. 236 early execution of sentences and measures the Director of proceedings may allow the defendant to run in advance of a custodial sentence or a measure involving deprivation of liberty if the stage of the procedure allows.
If the indictment has already been committed, the Director of proceedings gives the Crown an opportunity to pronounce.
The Confederation and the cantons may provide for the early implementation of the measures to be subject to the approval of the enforcement authorities.
From the entrance of the accused in the establishment, execution of the sentence or measure starts and the accused is subject to the execution plan, unless the purpose of pre-trial detention or detention on security grounds is opposed.

Section 8 measures art. 237 General provisions the competent court shall order one or more less severe measures in place and place of pre-trial detention or detention on grounds of security if these measures to achieve the same goal as the detention.
Including part of the alternative measures: a. provision of security; (b) the seizure of identity documents and other official documents; c. the house arrest or ban to visit a certain place or a certain building; d. the obligation to report regularly to an administrative service e. the obligation to have a regular job; (f) the obligation to submit to medical treatment or controls; g. Prohibition of relationships with certain people.

To monitor the implementation of these measures, the Court may order the use of technical devices which can be attached to the person under surveillance.
The provisions on pre-trial detention and detention for security reasons apply by analogy to the delivery of alternative measures as well as the use against them.
The Court may at any time revoke alternative measures, ordering others or pronounce pre-trial detention or detention on grounds of security if developments so require or if the accused does not meet the obligations imposed on him.

Art. 238 provision of security if there is risk of flight, the Court may compel the defendant to pay a sum of money to ensure that he will come to the proceedings and that he will submit to the execution of a private sanction of freedom.
The amount of collateral depends on the seriousness of the acts alleged against the defendant and his personal situation.
Collateral can be a cash deposit or a guarantee provided by a bank or insurance established in Switzerland.

Art. 239 release of securities collateral are released as soon as:

a. the reason for detention disappeared; (b) the criminal procedure is closed by an order of ranking or an acquittal entered in force; c. the accused began execution of private enforcement of freedom.

Collateral provided by the accused have been released can be used to pay the penalties, fines, costs and compensation to pay.
The authority seized of the case or who was seized last statue on the release of securities.

Art. 240 devolution of securities if the defendant evades the proceedings or execution of a private sanction of freedom, securities are devolved to the Confederation or the canton responsible for the Court which ordered the provision.
Where a third party has provided security, the authority may waive their devolution if he gave authorities timely information that could allow to apprehend the accused.
The authority seized of the case or who was seized last statue on the devolution of security rights.
By analogy with the art. 73 CP, assigned securities is used to cover the claims of the injured party and, if there is a balance, the penalties, fines and fees. Any remaining balance is acquired to the Confederation or canton.

RS 311.0 Chapter 4 searches, searches and examinations Section 1 provisions general art. 241 pronouncement of the measure searches, searches and examinations are being a written mandate. Emergency measures may be ordered orally, but must be confirmed in writing.
The mandate indicates: a. the person to search premises, documents or things to consider; (b) the purpose of the measure; c. the authorities or officials responsible for execution.

When there is danger in delay, the police may order the review of apertures and cavities of the body that it is impossible to look at without the aid of an instrument and perform searches without a warrant; If necessary, it shall without delay the competent criminal authority.
The police may search a person apprehended or arrested, including for the safety of people.

Art. 242 the enforcement authority performance or the person responsible for execution takes the interim provisions which ensure that the measure reaches his goal.
It can ban people away during the search, the search or review.

Art. 243 incidental findings traces and the objects found by chance which are unrelated to the offence but which indicates the commission of other offences, are safe.
Objects, accompanied by a report, are forwarded to the Director of proceedings which decides on the continuation of the procedure.

Section 2 search art. 244 principle buildings, houses and other non-public space cannot be searched with the consent of the person entitled.
The consent of the person entitled is not necessary if there is reason to believe that, in these premises: a. There are wanted persons; b. are traces, objects, or likely to be sequestered assets; c. offences are committed.

Art. 245 execution at the beginning of the search, those responsible for enforcement present warrant.
If they are present, holders of the premises which must be the subject of a search warrant are expected to attend it. If they are absent, the authority, if possible, call a major family member or another appropriate person.

Section 3 search of documents and records article 246 principle written documents, audio, video and other, computer media records as well as facilities for processing and recording information may be subject to a search when it is presumed that they contain information that might be sequestered.

Art. 247 running the holder can prior to comment on the content of the documents and records that are the subject of a search.
The authority may appeal to an expert to examine the content of the documents and records, including for separate from others those whose content is protected.
The holder may give authorities the copies of documents and records as well as prints of the registered information if this is sufficient to the needs of the procedure.

Art. 248 release sealed documents, records and other objects that cannot be searched or sequestered because the interested party argued his right to refuse to file or to testify or for other reasons are sealed and cannot be explored or exploited by the criminal authorities.
If the criminal authority does not request the removal of the seals within 20 days, documents and other objects sealed are returned to the person entitled.
If the criminal authority requests the removal of the seals, the following courts rule definitively on demand in the month following its filing: a. the Court of measures of constraint, as part of the preliminary procedure; b. the tribunal seized of cause, in other cases.

The tribunal can appeal to an expert to examine the content of the documents, records and other objects.

Section 4 search of people and objects art. 249 principle people and objects can be searched without the consent of those concerned only if it is necessary to assume that traces of the offence or the objects or likely to be sequestered assets can be discovered.

Art. 250 running the search of a person includes the examination of worn clothing, objects and carried luggage, the vehicle used, the surface of the body as well as the orifices and cavities of the body that it is possible to look at without the aid of an instrument.
Except in an emergency, the search of private parts must be carried out by a person of the same sex or a doctor.

Section 5 examination of the person art. 251 principle the examination of the person includes the examination of the physical or psychological health of the accused State.
This review can take place: a. to establish the facts; (b) to enjoy the responsibility of the accused, as well as their ability to take part in the debates and to bear the detention.

Attacks on the physical integrity of the accused may be ordered if they don't cause him particular pain and do not adversely affect her health.
Who has not the status of defendant may undergo an examination of his person or an intervention affecting his physical integrity against his will that if violations of physical integrity don't cause him particular pain nor do harm his health and that he is an indispensable measure to elucidate an offence within the meaning of art. 111 to 113, 122, 124, 140, 184, 185, 187, 189, 190 or 191 CP.

RS 311.0 new content according to chapter III of the Federal ACT on Sept. 30. 2011, in effect since July 1. 2012 (2012 2575 RO; FF 2010 5125 5151).

Art. 252 execution examination of the person and related interventions bodily integrity is performed by a doctor or a paramedic.

Section 6 examination of the corpse art. 253 suspicious death, death, the indices indicates that death is not due to natural causes, and particularly that an offence has been committed, or that the identity of the corpse is not known, the public prosecutor ordered a first examination of the corpse by a medical examiner to determine the cause of death or identify the deceased.
If an initial examination of the body revealed no evidence of the commission of an offence, and the identity of the deceased is known, the public prosecutor authorizes the lifting of the body.
Otherwise, the Crown ordered by security of the corpse and new examinations by one or, if necessary, an autopsy Forensic Institute. He may order retention of the corpse or some parts for the purposes of the review.
The cantons designate members of the medical staff held to announce cases of suspicious deaths to the criminal authorities.

Art. 254 exhumation when it seems necessary to elucidate an offence, the competent criminal authority may order the exhumation of a corpse or the opening of a funerary URN.

Chapter 5 analysis of DNA art. 255 overall conditions to solve a crime or a misdemeanor, the taking of a sample and the establishment of a DNA profile can be ordered on: a. the accused; (b) other people, including victims and persons authorized to travel to the scene of the offence if necessary to distinguish their biological material of one of the accused; (c) of the deceased; d. the biological material that has to do with the offence.

The police may order: a. non-invasive sampling; (b) the establishment of a DNA profile from biological material connected with the offence.

Art. 256 sampling during major investigations in order to solve a crime, the measures of constraint court may, at the request of the public prosecutor's Office, order samples on people with specific characteristics found in connection with the commission of the Act, the preparation of their DNA profile.

Art. 257 samples on convicted persons


In the judgment he makes, the Court may order, to establish a DNA profile, that a sample be taken on people: a. who have been convicted for the commission of intentional crime to imprisonment of more than a year; (b) who have been convicted for a crime or a crime committed intentionally against the life, physical integrity or sexual integrity; c. against which a therapeutic measure or the internment has been pronounced.

Art. 258 execution of sampling invasive sampling must be performed by a doctor or a paramedic.

Art. 259 applicability of Act on DNA profiles in addition, the Act of 20 June 2003 on the DNA profiles is applicable.

SR 363 Chapter 6 identifying data, samples of writing or voice art. 260 before identifying data by seizure of identifying data of a person, means the realization of its physical characteristics and the taking of fingerprints of certain parts of his body.
The police, the public prosecutor, the courts and, in emergencies, the Director of proceedings of courts may order the seizure of the identifying data of a person.
Identifying data entry is being written, briefly motivated mandate. In an emergency, it can be ordered orally, but must be confirmed in writing and reasoned.
If the person concerned does not comply with the injunction of the police, the public prosecutor shall decide.

Art. 261 use and conservation of identifying data identifying data of an accused cannot be used out of the record of the proceedings if sufficient suspicion indicates recurrence and cannot be kept as: a. until the expiry of the deadline for the cancellation of registration for the criminal, when the person concerned has been convicted or acquitted due to irresponsibility; (b) until the entry in force of the decision When the person concerned has paid for other reasons, that the procedure has been classified or that the authority issued an order of dismissal.

When in a case referred to in para. 1, let. b, some facts to assume that identifying data of an accused will be used to elucidate future offences, these data may, with the permission of the Director of proceedings, be stored and used during ten years from the entry into force of the decision.
Identifying data of persons who do not have the status of defendant must be destroyed as soon as the proceedings against the accused is closed or has been the subject of an order of ranking or Nem.
If it appears before the expiry of the time limits in the al. 1 to 3 that the conservation and use of identifying data no longer serve no interest, these data are destroyed.

Art. 262 samples of writing or voice an accused person, a witness or a person called to provide information can be required to provide a sample of writing or voice for comparative review.
People who refuse to provide such a sample may be punished a fine, with the exception of the accused and persons who have the right to refuse to file or to testify, within the limits of this right.

Chapter 7 receiver art. 263 principle of objects and assets belonging to the accused or third parties can be put into receivership, where it is likely: a. to be used as evidence; (b) that they will be used to guarantee the payment of the costs of the proceedings, of the penalties, fines and compensation; c. they must be returned to the injured party; d. they should be confiscated.

The receiver is ordered by written order, briefly driven. In an emergency, it may be ordered orally; However, subsequently, the order must be confirmed in writing.
When there is danger in delay, the police or private individuals may temporarily safekeeping of objects and assets for the public prosecutor or the Court.

Art. 264 restrictions which are the place where and the time when they were designed, cannot be sequestered: a. documents about contacts between the accused and his advocate; b. personal documents and correspondence of the accused, if the interest in the protection of the personality prime interest in the criminal prosecution; c. objects and documents about contacts between the accused and a person who has the right to refuse to testify under arts. 170 to 173, if that person does not have the status of accused in the same case; d. objects and documents about contacts between another person and his lawyer, if he is allowed to practice legal representation under the Act of 23 June 2000 on lawyers and has not the status of accused in the same case.

The restrictions in the al. 1 do not apply to objects or the assets that must be sequestered for their return to the injured or their confiscation.
If an entitled opposes the receiver of goods or assets by asserting his right to refuse to file or to testify or for other reasons, the criminal authorities in accordance with the provisions governing the sealing.

New content according to ch. I-6 of the Federal ACT on Sept. 28. 2012 on the adaptation of disp. procedure relating to the professional secrecy of lawyers, in force since May 1, 2013 (RO 2013 847; FF 2011 7509).
New content according to ch. I-6 of the Federal ACT on Sept. 28. 2012 on the adaptation of disp. procedure relating to the professional secrecy of lawyers, in force since May 1, 2013 (RO 2013 847; FF 2011 7509).
Introduced by the ch. I-6 of the Federal ACT of Sept. 28. 2012 on the adaptation of disp. procedure relating to the professional secrecy of lawyers, in force since May 1, 2013 (RO 2013 847; FF 2011 7509).
RS 935.61 art. 265 deposit required the holder of goods or assets which must be sequestered is subject to the obligation to deposit.
Are not subject to the obligation of filing: a. the accused; (b) the persons who have the right to refuse to file or to testify, within the limits of this right; c. companies, to operate a deposit is likely to cause to the point that they: 1 could be made criminally liable, 2 could be made civilly responsible and the interest to ensure their protection outweighs the interest of the criminal procedure.

The criminal authority may require the persons required to operate a deposit to run within a certain period, under communication of the sentence under art. 292 CP or a fine.
The use of coercive measures is possible only if the holder has refused to make the deposit or if there is reason to suppose that the summons to the deposit would fail the measure.

RS 311.0 art. 266 running criminal authority certifies in the receiving order or in a separate receipt delivery of objects and assets sequestered.
It establishes an inventory of the objects and values hostages and keep them appropriately.
If buildings are sequestered, a restriction on the right to alienate is ordered and referred to the land registry.
The receiver of a debt is reported debtors, who are informed that the payment in the hands of the creditor does not extinguish the debt.
Subject to a rapid depreciation or a costly maintenance objects as well as securities and other securities listed on the stock exchange or the market can be achieved immediately according to the provisions of the Federal law of April 11, 1889, on debt collection and bankruptcy. The product is struck by the receiver.
The federal Council shall regulate the placement of the sequestered assets.

RS 281.1 art. 267 decision objects and assets sequestered if the reason for the receiver disappears, the public prosecutor or the Court lift the measure and restores the objects and assets to the person entitled.
It is undisputed that objects or heritage values been directly removed from a determined person as a result of the offence, criminal authority presents them to the right before the close of the proceedings.
Restitution to the person entitled the sequestered assets and objects that have not been released before, their use to cover the cost or their confiscation are adjudicated in the final decision.
If several people ask for objects or assets to release, the tribunal may dispose of their assignment.
The criminal authority may assign items or assets to a person and a deadline for bringing a civil action to the other claimants.
If right is not known when the receiver is lifted, the public prosecutor or the Court publishes a list of objects and assets sequestered so that individuals can assert their rights. If in the five years following publication, nobody does assert rights on objects and assets sequestered, they are developed in the canton or the Confederation.

Art. 268 receiver on the cover of fees


The heritage of an accused person can be sequestered to the extent which is necessary to cover: a. the costs of proceedings and compensation; (b) the penalties and fines.

In the receiver, criminal authority takes into account the income and wealth of the accused and his family.
Intangible assets according to the art. 92-94 of the Federal law of April 11, 1889, on debt collection and bankruptcy are excluded from the receiver.

RS 281.1 Chapter 8 measures of monitoring secret Section 1 monitoring of correspondence by post and telecommunication art. 269 conditions the public prosecutor may order surveillance of correspondence by post and telecommunications under the following conditions: a. serious suspicions after indicates that one of the offences referred to in para. 2 has been committed; b. this measure is justified in the light of the seriousness of the offence; (c) the measures taken until then in the context of the statement remained without success or research would have no chance of success, or would be exceedingly difficult in the absence of surveillance.

Surveillance may be ordered for the purpose of prosecuting the offences referred to by the following provisions: a. CP: art. 111 to 113, 115, 118, al. 2, 122, 124, 127, 129, 135, 138, 140, 143, 144, al. 3, 144, no. 1, by. 2, and no. 2, by. 2, 146 to 148, 156, 157, ch. 2, 158, no. 1, by. 3, and ch. 2, 160, 163, ch. 1, 180, 181, 182, 185, 187, 188, ch. 1, 189, 191, 192, al. 1, 195 to 197, 221, al. 1 and 2, 223, ch. 1, 224, al. 1, 226, 227, ch. 1, by. 1, 228, ch. 1, by. 1, 230, 231, ch. 1, 232, 1, 233 ch., ch. 1, 234, al. 1, 237, ch. 1, 238, al. 1, 240, al. 1, 242, 244, 251, ch. 1, 258, 259, al. 1, 260 260, 261, 264 to 267, 271, 272, ch. 2, 273, 274, ch. 1, by. 2, 285, 301, 303, ch. 1, 305, 305, ch. 2, 310, 312, 314, 317, ch. 1, 319, 322, 322 and 322; b. Federal law of December 16, 2005, on foreigners: art. 116, al. 3, and 118, al. 3; c. Federal law of 22 June 2001 on the Hague adoption Convention and the measures of protection of children in cases of international adoption: art. 24; d. Federal Act of 13 December 1996 on war material: art. 33, al. 2, and 34 to 35b; e. law of 21 March 2003 on nuclear energy: art. 88, al. 1 and 2, 89, al. 1 and 2, and 90, al. 1; f. on October 3, 1951, on Narcotics Law: art. 19, al. 2, and 20, al. 2; g. law of 7 October 1983 on the protection of the environment: art. 60, al. 1, let. g to i, m and o, h. Federal law of 13 December 1996 on the control of goods: art. 14, al. 2; i. law of June 17, 2011 on the encouragement of sport: art. 22, al. 2; j. law of June 19, 2015 on the infrastructure of the financial markets: art. 154 and 155.

When the judgement of an offence under the control of a military court is delegated to a civil court, correspondence by post and telecommunications monitoring may also be ordered for the purpose of prosecuting offenses listed in art. 70, al. 2, of the military criminal procedure of 23 March 1979.

New content according to point 2 of the annex to the AF Sept. 27. 2013 (Conv. Lanzarote), in effect since July 1. 2014 (2014 1159 RO; FF 2012 7051).
RS 311.0 was the entry into force of the Act on Sept. 28. 2012 on epidemics (FF 2012 7543), art. 231, ch. 1, becomes art. 231. new content according to ch. II 7 of annex to Federal ACT of 19 March 2010 on the Organization of the criminal authorities, in force since Jan. 1. 2011 (2010 3267 RO; FF 2008 7371).
RS 142.20 RS 211.221.31 new content according to chapter II of the Federal ACT of 16 March 2012, in effect since Feb. 1. 2013 (2013 295 RO; 2011 5495 FF).
RS 514.51 SR 732.1 Erratum of the CdR of the SSA. fed. Sept. 19. 2011, published on 4 oct. 2011 (2011 4487 RO).
RS SR 814.01 RS 946.202 812.121 introduced by art. 34 No 2 of the Federal ACT of 17 June 2011 on the encouragement of sport, in effect since Oct. 1. 2012 (2012 3953 RO; FF 2009 7401).
RS 415.0 rectified by Commission for the drafting of the SSA. fed. (art. 58, para. 1, PA;) RS 171.10). Introduced by section II 4 of the Federal ACT on Sept. 28. 2012 (2013 1103 RO; FF 2011 6329). New content according to section 4 of the annex to the L of 19 June 2015 on the infrastructure of financial markets, in effect since Jan. 1. 2016 (2015 5339 RO; FF 2014 7235).
RS 958.1 RS 322.1 art. 270 subject of surveillance can be subject to oversight the mailing address and connection of telecommunication: a. the defendant; b. a third party, if determined facts indicates: 1. that the accused used the mailing address or the connection of telecommunication of the third party to receive mailings and communications, 2 that the third party receives communications determined on behalf of the accused or of communications emanating from the accused It is responsible for retransmit to others.

Art. 271 protection of professional secrecy in the case of supervision of a person belonging to one of the categories listed in the art. 170 to 173, the sort of information that have no relationship with the subject of the investigation or the reason for which the person concerned is subject to supervision must be performed under the direction of a court. This sorting is operated so that the prosecution authorities have knowledge of professional secrets.
The direct connection is permitted only under the following conditions: a. serious suspicions weigh on the holder of the privilege itself; b. special reasons so require.

If monitoring of others, the information about which one of the persons referred to in art. 170 to 173 could refuse to testify must be removed from the record of the proceedings criminal and immediately destroyed. they cannot be exploited.

Art. 272 plan approval and authorization framework correspondence by post and telecommunications surveillance is subject to the authorization of the Court of measures of constraint.
If the investigation establishes that the person who is the subject of surveillance of correspondence by telecommunication Exchange connection at short intervals, the measures of constraint court may exceptionally allow each identified connection used by this person to be monitored without new authorization (authorization framework). The Crown submits each month, as well as after the lifting of the surveillance, a report for approval by the Court of measures of constraint.
When monitoring a connection subject to a permission Framework requires precautionary measures to safeguard professional secrecy, which are not included in the authorization framework, this monitoring should subject to a separate approval request to the Court of measures of constraint.

Art. 273 traffic and data to the billing and identification of users when serious suspicions indicates a crime, an offence or a contravention within the meaning of art. 179 CP has been committed and that the conditions referred to in art. 269, al. 1, let. b and c are met, the Crown may require that to be provided: a. data indicating when and with whom or what connections the person supervised has been or is connected by post or telecommunication; b. to traffic and billing data.

The order of surveillance is subject to the authorization of the Court of measures of constraint.
The data referred to in para. 1 can be requested with retroactive effect over a period of six months at the most, regardless of the duration of monitoring.

RS 311.0 art. 274 authorisation procedure the Crown transmits within 24 hours from the moment the surveillance was ordered or the information provided, the following documents to the tribunal of coercive measures: a. enforcement of supervision; (b) a statement of the grounds as well as parts of the file which are decisive for the authorisation of surveillance.

The measures of constraint Court adjudicates in the five days of the surveillance has been ordered or the information provided, briefly stating the reasons for its decision. It can authorize surveillance on an interim basis, match the authorization conditions or ask that the record be completed or that further clarifications are made.
The measures of constraint Court shall immediately communicate its decision to the Crown and the service responsible for the supervision of correspondence by post and telecommunications within the meaning of art. 2 of the Federal Act of 6 October 2000 on the surveillance of correspondence by post and telecommunications.
The authorization expressly states: a. If measures to safeguard professional secrecy must be taken; b. If direct connections can be made.

The measures of constraint Court grants permission for three months at most. The authorization may be extended for periods not exceeding three months. If the extension of the monitoring is necessary, the public prosecutor's demand before the expiry of the period in indicating the reasons.

RS 780.1 art. 275 lifting of monitoring the public prosecutor immediately get monitoring in the following cases: a. the conditions for its application are no longer met; b. the authorization or its extension was refused.

In the case referred to in para. 1, let. a, the Crown communicates the lifting of monitoring the Tribunal to measures of constraint.

Art. 276 information not necessary for the procedure


Documents and records collected during a duly authorized surveillance which are not necessary for the procedure must be kept separately and destroyed immediately after the closure of the proceedings.
Mailings can be put safe as long that the criminal proceedings requires it; they must be delivered to their recipients as soon as the stage of the procedure allows.

Art. 277 information collected in an unauthorized surveillance documents and records collected during an unauthorized surveillance must be immediately destroyed. Mailings must be immediately delivered to their recipients.
Information collected during monitoring may be used.

Art. 278 incidental findings if, during monitoring, other offences which have been of the order of surveillance are discovered, the information gathered may be used against the accused when a surveillance could be ordered for the purposes of the continuation of these acts.
If, during a surveillance within the meaning of art. 3 of the Federal Act of 6 October 2000 on surveillance of correspondence by post and telecommunications, violations are discovered, the information gathered can be used to the conditions stated in the al. 2 and 3.
Information about an offence which the suspected author is not in the order of supervision can be used when the conditions for monitoring of this person are met.
In the cases referred to in paras. 1, 1 and 2, the public prosecutor immediately ordered the surveillance and committed the authorisation procedure.
Documents and records that cannot be used in respect of incidental findings must be kept separately and destroyed immediately after the closure of the proceedings.
All the information collected during monitoring may be used to search for a reported person.

RS 780.1 introduced by section II 7 of the annex to the Federal ACT of 19 March 2010 on the Organization of the criminal authorities, in force since Jan. 1. 2011 (2010 3267 RO; FF 2008 7371).
New content according to ch. II 7 of the annex to the Federal ACT of 19 March 2010 on the Organization of the criminal authorities, in force since Jan. 1. 2011 (2010 3267 RO; FF 2008 7371).

Art. 279 communication no later than at the end of the preliminary proceedings, the Crown shall communicate to the accused as well as to the third party who have been monitored in the sense of art. 270, let. b, patterns, mode and duration of monitoring.
With the agreement of the Court of measures of constraint, it is possible to delay the communication or to renounce to the following conditions: a. the information collected is not used for evidentiary purposes; b. This is essential to protect the public or private interests paramount.

People whose connection to telecommunications or postal address have been monitored or those who have used the same connection or the same mailing address may file an appeal pursuant to art. 393 to 397. The appeal period begins to run on the receipt of the communication.

Section 2 other technical measures of surveillance art. 280 goals the Crown may use technical devices of surveillance for the purposes: a. to listen to or record non-public conversations; b. to observe or record actions occurring in places that are not public or which are not freely accessible; c. to locate a person or a thing.

Art. 281 conditions and performance the use of technical monitoring devices may be ordered against the defendant.
Premises or vehicles of third parties may be placed under surveillance if determined facts allow to assume that the defendant is in these premises or use these vehicles.
The use of technical monitoring devices may not be ordered for: a. record for evidentiary purposes the conduct of an accused in detention; b. monitor the premises or vehicles of a third party belonging to one of the categories referred to in art. 170 to 173.

In addition, the use of technical monitoring devices is governed by arts. 269 to 279.

Section 3 observing art. 282 conditions the Department public and, during the police investigation, the police can secretly observe people and things in freely accessible places and make audio and video recordings to the following conditions: a. they have concrete evidence leaving assume that crimes or offences have been committed; (b) other forms of investigation would have no chance of success or would be excessively difficult.

The pursuit of an observation ordered by the police more than a month is subject to the authorization of the public prosecutor.

Art. 283 communications no later than at the end of the preliminary proceedings, the public prosecutor shall communicate to the person observed patterns, mode and duration of observation.
Communication is delayed or it is renounced under the following conditions: a. the information collected is not used for evidentiary purposes; b. This is essential to protect the public or private interests paramount.

Section 4 monitoring of banking relationships art. 284 principle at the request of the public prosecutor, the Court of measures of constraint may authorize the monitoring of relationships between a bank or a similar institution, and a defendant, in order to elucidate crimes or offences.

Art. 285 execution if the measures of constraint Court granted a request for surveillance, it gives to the Bank or to the institution of the written instructions on: a. the type of information and documents to provide; b. measures to maintain secrecy that they must comply.

The Bank or similar institution are not required to provide information or documents if make a deposit is likely to cause to the point that they: a. could be made criminally responsible; b. might be found civilly liable and that the interest to ensure their protection outweighs the interest of the criminal procedure.

People with the right to dispose of the account subject to monitoring to informed later in accordance with art. 279, al. 1 and 2.
People whose banking relationships have been the subject of surveillance may file an appeal pursuant to art. 393 to 397. The deadline for appeal begins to run upon receipt of the information.

Section 5Investigation secret art. 285adefinition there are secret investigation when members of a police force or persons engaged on a temporary basis to accomplish tasks of police formed misleading, under cover of a false identity evidenced by a title (assumed identity), contacts with individuals with the intention of establishing a relationship of trust with them and to infiltrate a criminal environment in order to elucidate offences particularly serious.

Introduced by chapter I of the Federal ACT of 14 Dec. 2012 on the secret investigation and secret research, in force since May 1, 2013 (RO 2013 1051; FF 2012 5167 5183).

Art. 286 conditions the public prosecutor may order a secret investigation under the following conditions: a. suspicions indicates that one of the offences referred to in para. 2 has been committed; (b) this measure is justified in the light of the seriousness of the offence; c. the other acts of instruction until then were not successful or as research, without the secret investigation, would have no chance of success and would be exceedingly difficult.

The secret investigation can be ordered for the purpose of prosecuting the offences referred to by the following provisions: a. CP: art. 111 to 113, 122, 124, 129, 135, 138, 140, 143, al. 1, 144, al. 3, 144, no. 1, by. 2, and no. 2, by. 2, 146, al. 1 and 2, 147, al. 1 and 2, 148, 156, 160, 182, 185, 187, 188, ch. 1, 189, al. 1 and 3, 190, al. 1 and 3, 191, 192, al. 1, 195, 196, 197, al. 3 to 5, 221, al. 1 and 2, 223, ch. 1, 224, al. 1, 227, ch. 1, by. 1, 228, ch. 1, by. 1, 230, 231, ch. 1, 232, 1, 233 ch., ch. 1, 234, al. 1, 237, ch. 1, 238, al. 1, 240, al. 1, 242, 244, al. 2, 251, ch. 1, 260 260, 264 to 267, 271, 272, ch. 2, 273, 274, ch. 1, by. 2, 301, 305, ch. 2, 310, 322, 322 and 322; b. Federal law of December 16, 2005, on foreigners: art. 116, al. 3, and 118, al. 3; c. Federal law of 22 June 2001 on the Hague adoption Convention and the measures of protection of children in cases of international adoption: art. 24; d. Federal Act of 13 December 1996 on war material: art. 33, al. 2, and 34 to 35b; e. law of 21 March 2003 on nuclear energy: art. 88, al. 1 and 2, 89, al. 1 and 2, and 90, al. 1; f. on October 3, 1951, on Narcotics Law: art. 19, al. 2, and 20, al. 2; g. Act of 13 December 1996 on the control of goods: art. 14, al. 2; h. law of June 17, 2011 on the encouragement of sport: art. 22, al. 2. when the judgement of an offence under the control of a military court is delegated to a civil court, the secret investigation may also be ordered for the purpose of prosecuting offenses listed in art. 70, al. 2, of the military criminal procedure of 23 March 1979.


New content according to point 2 of the annex to the AF Sept. 27. 2013 (Conv. Lanzarote), in effect since July 1. 2014 (2014 1159 RO; FF 2012 7051).
RS 311.0 was the entry into force of the Act on Sept. 28. 2012 on epidemics (FF 2012 7543), art. 231, ch. 1, becomes art. 231. new content according to ch. II 7 of the annex to the Federal ACT of 19 March 2010 on the Organization of the criminal authorities, in force since Jan. 1. 2011 (2010 3267 RO; FF 2008 7371).
RS 142.20 RS 211.221.31 new content according to chapter II of the Federal ACT of 16 March 2012, in effect since Feb. 1. 2013 (2013 295 RO; 2011 5495 FF).
RS 514.51 SR 732.1 Erratum of the CdR of the SSA. fed. Sept. 19. 2011, published on 4 oct. 2011 (2011 4487 RO).
RS 812.121 RS 946.202 introduced by art. 34 No 2 of the Federal ACT of 17 June 2011 on the encouragement of sport, in effect since Oct. 1. 2012 (2012 3953 RO; FF 2009 7401).
RS 415.0 RS 322.1 art. 287 qualities required of the undercover agent may be designated as undercover agent: a. the Member of a police force; b. a person committed to provisionally to accomplish tasks, even if it is not the police training.

Only one member of a police force may be designated as the contact person.
When a member of a foreign police force is referred to as undercover agent, it is, as a general rule, the person of contact he had until then.

Art. 288 assumed identity and guarantee of anonymity the police gives agent infiltrated an identity of borrowing.
The public prosecutor can guarantee to the undercover agent that his true identity will not be revealed, even during a proceeding before a court in which he is appearing as a person called upon to give information or witness.
If the undercover agent is guilty of an offence in the context of its mission, the measures of constraint court decides what identity will be retained in criminal proceedings.

New content according to chapter I of the Federal ACT of 14 Dec. 2012 on the secret investigation and secret research, in force since May 1, 2013 (RO 2013 1051; FF 2012 5167 5183).
New content according to chapter I of the Federal ACT of 14 Dec. 2012 on the secret investigation and secret research, in force since May 1, 2013 (RO 2013 1051; FF 2012 5167 5183).

Art. 289 authorisation procedure of an undercover mission is subject to the authorization of the Court of measures of constraint.
The Crown transmits within 24 hours to the measures of constraint Court: a. the decision ordering the investigation secret; b. a statement of reasons with the parts necessary for the granting of the authorization.

The measures of constraint Court makes a decision within five days from the moment the secret investigation was ordered and briefly indicates the reasons. It can allow the secret investigation provisionally, match the authorization conditions, or ask that the record be completed or that further clarifications are made.
The authorization must indicate specifically if: a. acts may be established or modified in order to constitute an assumed identity or to maintain this identity; b. the anonymity of the undercover agent can be guaranteed; c. a person who has not the police training can be designated.

Authorisation may be granted for one year at the most. It may be extended several times, each time for six months at the most. Before the expiry of the authorization, the Crown in demand if necessary the extension and indicates the reasons for his request.
The Crown terminates without delay the mission if approval is not granted or if no permission has been requested. All documents and records established during the investigation must be immediately destroyed. The information collected as part of the secret investigation can be used.

Art. 290 instructions prior to the mission the Crown gives the necessary instructions to the contact person and officer infiltrated before the start of the mission.

Art. 291 contact person for the duration of the mission, the undercover agent is directly subject to the instructions of the contact person. During the mission, the exchanges between the Crown and the undercover agent are carried out exclusively through the contact person.
The contact person has the following tasks: a. She instructed precisely and continuously the undercover agent on its mission, its powers and the manner in which he has to use his assumed identity; b. it directs and supports the undercover agent and evaluates constantly risks; c. it record in writing given orally reviews and keeps a complete record on the mission; d. It provides continuous information to the Crown and complete on the conduct of the Mission.

Art. 292 obligations of the undercover agent the undercover agent carries out its mission in accordance with the instructions.
Reports complete and regularly to the contact person.

Art. 293 scope of intervention it is forbidden for an undercover agent to encourage a third party to commit offences in general or to encourage them to commit more serious offences. His intervention must be limited to the realization of an existing decision to act.
The activity of an undercover must have that a minor impact on the decision of a third party to commit an offence is concrete.
If this is necessary to prepare the main market, the undercover agent is authorized to make probationary purchases and demonstrate its economic capacity.
If the undercover agent exceeded the limits of the authorized mission, the judge is adequately during the determination of the sentence; It can also release any sentence the person so affected.

Art. 294 interventions during the pursuit of crime narcotics undercover agent who acts in the context of a duly authorized secret investigation is not punishable under art. 19 and 20 to 22 of the Act of October 3, 1951, on narcotics.

SR 812.121 art. 295 amounts necessary for the conclusion of a fictitious market at the request of the public prosecutor, the Confederation can, through the National Bank, put at the disposal of the undercover agent the amounts it needs to enter into fictitious contracts and to demonstrate its economic capacity, in the form and quantity.
The request together with a short description of the case should be addressed to the federal Office of police.
The Crown takes security measures necessary for the protection of the amounts made available. Confederation or canton which the public prosecutor, who asked the Fund meets the loss of these.

Art. 296 fortuitous findings when, as part of an investigation secret, the undercover agent learns of offences not included in the decision to order this investigation, this information can be used insofar as a secret investigation could be ordered to establish these new facts.
The Crown makes a decision ordering the secret investigation without delay and shall initiate the procedure for authorisation.

Art. 297 end of the mission the public prosecutor immediately puts an end to the secret investigation in the following cases: a. the conditions are no longer met; (b) the competent authority has refused the granting or extension of the authorization; c. the undercover agent or the contact person does not follow the instructions or a any way does not meet its obligations, including inducing knowingly misled the public prosecutor.

In the cases referred to in para. 1, let. a and c, the Crown communicates the end of the mission to the Court of measures of constraint.
At the end of the mission, there is necessary to ensure that the undercover agent or others involved in the investigation are not exposed unnecessarily to dangers.

Art. 298 communication no later than at the end of the preliminary proceedings, the public prosecutor informed the accused that he did the subject of an investigation is secret.
With the agreement of the Court of measures of constraint, it is possible to delay the communication or to renounce to the following conditions: a. the collected elements are not used for evidentiary purposes; b. it is essential for the protection of public or private interests paramount.

People who have been the subject of a secret investigation may file an appeal pursuant to art. 393 to 397. The appeal period begins to run on the receipt of the communication.

Section 5aRecherches secret art. 298a Definition secret research consist, for the members of a police force, to try to solve crimes or offences as part of short-term interventions where their identity and their function are not recognizable, including entering fictitious transactions or by giving the illusion of trying to conclude such transactions.
The secret research officers are not equipped with an identity of borrowing within the meaning of art. 285. their true identity and their function appear in the records of proceedings and are disclosed during hearings.

Art. 298b Conditions the Department public and, during the police investigation, the police may order secret research under the following conditions:

a. suspicions indicates that an offence has been committed; b. measures of investigation or acts made investigating until then were unsuccessful or investigation, if there is no secret research, would have no chance of success would be excessively difficult.

The pursuit of secret research ordered by the police more than a month is subject to the authorization of the public prosecutor.

Art. 298c qualifications the officer assigned to the secret research and implementing rules art. 287 applies by analogy to the qualities required of the agent assigned to the secret research. It is excluded to assign people to the senses of the art. 287, al. 1, let. b, secret research.
The art. 291 to 294 apply by analogy to subordination, tasks and responsibilities of the officer at the secret research and the contact person.

Art. 298d end research and communication authority which ordered the secret research ends immediately in the following cases: a. the conditions are no longer met; b. the Crown refused to authorize further secret research ordered by the police; c. the secret research officer or contact person is not the instructions or a any other way violates its obligations not including inducing knowingly misled the public prosecutor or by influencing the person concerned illegally.

The police inform the public prosecutor of the end of the secret research.
At the end of the intervention, there are necessary to ensure that the secret research officer is not unnecessarily exposed to dangers.
Art. 298, al. 1 and 3, shall apply by analogy to the communication addressed to the person concerned.

Title 6 preliminary Procedure Chapter 1 provisions general art. 299 definition and purpose the preliminary procedure consists of the investigation procedure of the police and the investigation by the public prosecutor.
When suspicions indicates that an offence has been committed, investigations are carried out and administered evidence in preliminary proceedings to establish if: a. a criminal order shall be awarded against the defendant; (b) the accused must be indicted; c. the procedure must be classified.

Art. 300 introduction the preliminary procedure is introduced: a. by the investigations of the police; b. by the opening of a statement by the public prosecutor.

The introduction of preliminary proceedings is not subject to appeal, unless the defendant argues that it violates the ban on double pursuit.

Art. 301 right to denounce everyone has the right to denounce violations of a criminal prosecution authority, in writing or orally.
The criminal prosecution authority informs the reporter, at his request, on what she gave to his denunciation.
The whistleblower that is injured or complainant does not enjoy any other right in procedure.

Art. 302 obligation to denounce the criminal authorities are required to report to the competent authorities all offences that they have observed in the performance of their duties or who were announced to them if they are not they same competent to prosecute.
The Confederation and the cantons regulate the obligation to denounce members of other authorities.
People who have the right to refuse to file or to testify under arts. 113, al. 1, 168, 169-180, al. 1, are not subject to the duty to report.

Art. 303 prosecuted on complaint and prosecution subject to authorisation in the case of proceedings which are initiated only upon complaint or which are subject to authorization, the preliminary procedure is introduced when the criminal complaint or that permission has been given.
The competent authority may take interim measures of protection who do suffer no delay before the filing of the criminal complaint and the granting of permission.

Art. 304 of the criminal complaint the criminal complaint form must be filed with the police, the public prosecutor or the competent criminal authority contraventions, orally or in writing; in the latter case, it is recorded in the minutes.
Giving to complain or the withdrawal of the criminal complaint are subject to the same requirements of form.

Art. 305Information of the victim and announcement of the case during the first hearing, the police or the public prosecutor shall inform in detail the victim on its rights and duties under the criminal procedure.
The police or the Crown provide at the same time the victim to information on: a. the addresses and the tasks of consultation centres; b. to seek various benefits under assistance to victims; (c) the time limit for making an application for compensation and legal redress; d. law provided in art. 92a CP to ask to be informed of the decisions and the facts relating to the execution of a penalty or a measure by the convicted person.

The police or the public prosecutor shall communicate the name and address of the victim to a counselling centre for this consent.
The al. 1 to 3 shall apply by analogy to the relatives of the victim.
The observation of this article must be recorded in the minutes.

New content according to ch. II 7 of the annex to the Federal ACT of 19 March 2010 on the Organization of the criminal authorities, in force since Jan. 1. 2011 (2010 3267 RO; FF 2008 7371).
New content according to section I-3 of the Federal ACT on Sept. 26. 2014 on the right of the victim to be informed, in force since Jan. 1. 2016 (2015 1623 RO; FF 2014 863 885).
Introduced by no I 3 of the Federal ACT of Sept. 26. 2014 on the right of the victim to be informed, in force since Jan. 1. 2016 (2015 1623 RO; FF 2014 863 885).

Chapter 2 Investigation Police art. 306 tasks of the police during its investigations, the police establish the facts constituting the offence; in doing so, it is based on the denunciations, directed by the Crown or its own findings.
The police must: a. safekeeping and analyze traces and evidence; b. identify and interrogate the wronged and the suspects; c. apprehend and detain the suspects or search for them if necessary.

Subject to specific provisions of this code, the police observed in its activity the provisions applicable to education, the means of evidence and measures of constraint.

Art. 307 collaboration with the public prosecutor, the police shall inform without delay the prosecution of offences serious and any other serious event. The public prosecutor of the Confederation and the cantons may issue guidelines on the duty to inform.
The public prosecutor may at any time give directions and give mandates to the police or to take on a case. In the cases referred to in para. 1, the Crown led himself, to the extent possible, the first important hearings.
The police regularly establishes written reports on the measures it has taken and the findings it made and passed on immediately after its investigations to the public Minister with denunciations, minutes, other parts, as well as objects and values in security.
It can give up to report to the following conditions: a. There is obviously not subject to other acts of procedure on the part of the Crown; b. any measure of coercion or other formal investigative measure has been executed.

Chapter 3 statement by the Crown Section 1 tasks of the public prosecutor's art. 308 definition and purpose of the investigation the Crown established during education the State of fact and the legal case assessment so that he can put an end to the preliminary proceedings.
If we expect an indictment or a criminal order, he established the personal circumstances of the accused.
In the case of an indictment, the statement must provide the Court with the essential elements to judge the guilt of the defendant and sentencing.

Art. 309 opening the public prosecutor opens a statement: a. when it is clear the police report, of denunciations or its own findings of sufficient suspicion leaving assume that an offence has been committed; b. when ordering coercive measures; c. when he is informed by the police in accordance with art. 307, al. 1. it may refer to the police for further investigation, reports and allegations which do not establish clearly held suspicions.
The public prosecutor opens the statement by an order in which he refers to the accused and the offence with which he is charged. The order doesn't have to be motivated and notified. It is not subject to appeal.
The Crown waives trial when he immediately makes an order of dismissal or criminal.

Art. 310 order of dismissal the public prosecutor immediately makes an order of dismissal if it comes out of the information or the police report: a. that the constituent elements of the offence or the conditions for the opening of criminal proceedings are clearly not met; (b) that there are impediments to proceed; c. that the conditions referred to in art. 8 needed to waive a prosecution opening.


In addition, the provisions on the ranking of the procedure shall apply.

Section 2 conduct of training art. 311 of evidence and extension of the statement prosecutors themselves collect the evidence. The Confederation and the cantons determine to what extent they can entrust specific employees investigative action.
The public prosecutor may extend instruction to other defendants and other offences. Art. 309, al. 3, shall apply.

Art. 312 mandates of the Crown to the police even after the opening of the investigation, the Crown may charge the police for further investigations. It gives for this purpose of the written, verbal directives in case of emergency, which are limited to precisely defined acts of investigation.
When charging the police to conduct interrogations, participants in the proceedings have the rights granted as part of the hearings carried out by the public prosecutor.

Art. 313 administration of evidence in relation to civil claim the Crown administers the evidence necessary to rule on the civil claim to the extent that this does extend or does not significantly delay the procedure.
It can subordinate to the filing of an advance of costs by the complainant evidence serving first place in support of the civil claim.

Art. 314 suspension the public prosecutor may suspend an instruction, including: a. when the author or his place of residence is unknown or there are impediments momentary to proceed; b. when the outcome of the criminal proceedings depends on another trial which apparently indicated to wait; c. when the matter is being a conciliation procedure which apparently indicated to wait; d. when a decision depends on the future evolution of the consequences of the offence.

In the case referred to in para. 1, let. c, the suspension is limited to three months; It may be extended once only for three months.
Before you decide the suspension, the Crown administers the evidence that there is a danger that they disappear. Where the author or his place of residence is unknown, it is implementing the research.
The public prosecutor shall communicate its decision to suspend the proceedings to the accused to the complaining party and the victim.
In addition, the procedure is governed by the provisions applicable to the classification.

Art. 315 return to education the public prosecutor takes office a statement suspended when the reason for the suspension is gone.
The resumption of the statement is not subject to appeal.

Section 3 Conciliation art. 316. when the preliminary procedure focuses on offenses prosecuted upon complaint, the public prosecutor may give the complainant and the accused at a hearing in order to reach an out-of-court settlement. If the complainant fails, the complaint is considered to have been withdrawn.
If an exemption from punishment in respect of compensation under art. 53 CP between account online, the Crown cites the injured and the accused at a hearing in order to lead to a repair.
If conciliation is successful, disclosure must be made in the signed minutes of the participants. The Crown then class procedure.
If the accused fails at a hearing, according to para. 1 or 2 or if the attempt at conciliation fails, the public prosecutor conducts the investigation without delay. In duly justified cases, it may require the complainant to pay within 10 days of security for costs and benefits.

RS 311.0 Section 4 closing of education art. 317 final audition in important and complex, preliminary proceedings the Crown means the accused one last time before closing the statement and invite him to speak on the results.

Art. 318 closing when it believes that the statement is complete, the public prosecutor makes a criminal order or informs in writing the parties whose home is known the next closing statement and indicates whether it intends to make an indictment order or an order of ranking. At the same time, it sets a deadline the parties to present their evidence requisitions.
The public prosecutor may dismiss a requisition of evidence if it requires the administration of evidence on relevant, notable facts, known criminal authority or already sufficiently proven in law. It shall give its decision in writing and motivates her briefly. The requisitions of discarded evidence can be repeated during the debate.
The information referred to in para. 1 and decisions made under para. 2 are not subject to appeal.

Chapter 4 ranking and indicted Section 1 classification art. 319 reasons for ranking the public prosecutor directs the classification of all or part of the procedure: a. where no suspicion warranting an indictment is established; b. when the constituent elements of an offence are not met; c. when supporting facts prevent retain an offence against the accused; d. where it is established that certain conditions at the opening of criminal proceedings cannot be met or that impediments to proceed appeared; e. When you can give prosecution or punishment under the legal provisions.

Exceptionally, the public prosecutor may also classify the procedure under the following conditions: a. the interest of a victim who was under 18 at the time of commission of the offence requires it imperatively and ranking clearly outweighs the interest of the State in criminal proceedings; b. the victim or, if it is not capable of discernment, his legal representative has consented to the ranking.

Art. 320 ranking order form and general content of the ranking order are governed by arts. 80 and 81.
The Crown raises in the order of ranking measures of constraint in effect. He may order the confiscation of objects and assets.
The civil claim are not processed in the order of ranking. The civil action is open to the complainant as soon as the entry into force of the order.
A ranking order entered into force amounts to an acquittal.

Art. 321 notification the public prosecutor shall notify the ranking order: a. the parties; b. the victim; c. to the other participants in the proceedings affected by the pronounced; d. where appropriate, other authorities designated by the cantons, when they have a right of appeal.

The express waiver of a participant in the proceedings is reserved.
In addition, the art. 84 to 88 shall apply by analogy.

Art. 322 approval and redress the Confederation and the cantons may have ranking orders must be approved by a prosecutor or a public prosecutor.
The parties may challenge the order of ranking within ten days before the appeal authority.

Art. 323 resumption of the preliminary proceedings the public prosecutor ordered the resumption of preliminary proceedings closed by a ranking order entered into force if he has knowledge of new means of evidence or new facts which meet the following requirements: a. they reveal a criminal responsibility of the accused; (b) they are not of the previous record.

The public prosecutor notifies the resumption of the proceedings to individuals and the authorities to which the order of ranking has been notified.

Section 2 indicted art. 324 principles the Crown committed the prosecution before the competent court when it considers that the suspicions established on the basis of the statement are sufficient and that a criminal order cannot be made.
The indictment is not subject to appeal.

Art. 325 content of the indictment the indictment means: a. place and date of its establishment; (b) the public prosecutor who is the author; (c) the Court to which it applies; (d) the names of the warned and his Defender; (e) the name of the injured party; f. as briefly as possible, but with precision, the acts alleged against the accused, the place, the date and the time of their commission and their consequences and the mode of carry the author; g. the carried out offences and the legal provisions applicable in the opinion of the public prosecutor.

The public prosecutor may present an alternative charges, or for the case where its main conclusions are to be rejected, an act of alternative charge.

Art. 326. other information and proposals the Crown communicates to the Court information and the following proposals insofar as they are not the indictment: a. the name of the complaining parties so that their possible civil claim; (b) the measures of constraint ordered; c. objects and sequestered values; d. the costs of education; e. any requisitions for the delivery of detention for reasons of security; f. its proposals for sanctions or the announcement that These proposals will be presented in the debates; g. proposals of subsequent judicial decisions; h. his request to be cited in debates.

When he did not support in person the charge before the Court, the public prosecutor may join his indictment a final report that is intended to clarify the facts and also containing an assessment of the evidence.

Art. 327 notification of the indictment


The public prosecutor shall notify without delay the indictment as well as a possible final report: a. defendants whose place of residence is known; b. the complainants; c. the victim; d. at the competent court, with the folder and the objects and assets sequestered.

When the prosecution requires detention for reasons of safety, it also communicates a copy of arraignment in Court of measures of constraint with its requisitions.

Title 7 proceedings of first instance Chapter 1 lis pendens, preparation for the discussions, General provisions on debates art. 328 pending receipt of the indictment by the Court creates the lis pendens.
With the birth of the lis pendens, skills go to the tribunal.

Art. 329 review of the charge, suspension and classification procedure management reviews: a. If the indictment and file are established regularly; (b) if the conditions for the opening of public action are carried out; c. If there are impediments to proceed.

If it appears during the review or later during the procedure a judgment at the bottom cannot yet be made, the Court shall stay the proceedings. If necessary, it refer the charge to the Crown for it complete or correct her.
The Court decides if a suspended case remains pending before him.
When a judgment definitely cannot be made, the tribunal class procedure, after having granted the right to be heard at the parties and third parties affected by the classification decision. Art. 320 shall apply by analogy.
If the procedure must be classified on some points of the charge, the order of classification can be made at the same time as the judgment.

Art. 330 preparation for the discussions when there is rather than material on the prosecution, the Director of proceedings arranges without delay to proceeding.
If the tribunal is collegiate, the Director of proceedings puts the record in circulation.
The Director of proceedings shall inform the victim of his rights if the criminal prosecution authorities have still not done; art. 305 shall apply by analogy.

Art. 331-setting discussions the Director of proceedings determines the evidence that will be administered during the debates. She made known to the parties the composition of the Court and evidence that will be administered.
It at the same time set a deadline to the parties to present and motivate their requisition of evidence by drawing their attention to costs and benefits that entails the respect of the deadline.
She informs the parties of the requisitions of evidence she rejected by motivating his decision succinctly. It is not subject to appeal; However, the requisitions of rejected evidence may be presented again to the debates.
Management of the fixed procedure the date, time and location of the debates and summon the parties, witnesses, people who give information and experts who are to be heard.
She pronounce definitively on the adjournment requests that come before the start of the discussions.

Art. 332 preliminary discussions the Director of proceedings can quote the parts at a preliminary hearing, to address organizational issues.
She can quote the parts before the debates to an audience of conciliation in application of art. 316. when it is foreseeable that the administration of evidence in the debates will be impossible, the Director of proceedings may make the administration anticipated, load this task a delegation of the tribunal or, in an emergency, the public prosecutor, or still do proceed through mutual legal assistance. The parties must be able to participate in such administration of evidence.

Art. 333 changes and supplements of the charge the tribunal allows the Crown to amend the charge when he deems that the facts in the indictment could together elements of another offence, but the indictment does not meet the legal requirements.
When it appears during the debates that the accused has yet committed other offences, the Court may authorize the Crown to complete the charge.
The charge cannot be completed when it would unduly complicate the procedure of changing the jurisdiction of the Court or if it turns out that there was complicity or participation in the infringement. In these cases, the public prosecutor opens a preliminary procedure.
The Court cannot base its judgment on a charge amended or supplemented if the part of the accused and the complainant rights have been respected. He interrupts if necessary discussions to that effect.

Art. 334 divestiture when the Court comes to the conclusion that the case pending before it can lead to a penalty or a measure that exceeds his competence, it transmits the case to the competent court, at the latest at the end of the argument. Restarted the evidentiary procedure from the beginning.
The divestiture is not subject to appeal.

Chapter 2 Section 1 Court debates and participants in the proceedings art. 335 composition of the tribunal the tribunal Headquarters during all the debates in legal composition; He is assisted by a clerk.
When, during the debate, a judge runs out, all the discussions must be repeated unless the parties to give.
The Director of proceedings may order that a substitute judge attended the discussions from the outset, to replace, if necessary, a defaulting Member of the tribunal.
If the Court needs to know of an offence against sexual integrity, must, at the request of the victim, at least understand a person of the same sex as this one. Before a single judge, it can be made to this rule, where the offence involves victims of both sexes.

Art. 336 accused, defence of office and mandatory defence the accused must participate in person in the following cases: a. He is suspected of committing a crime or misdemeanour; (b) the Director of proceedings ordered his personal appearance.

In the case of Defence Agency or mandatory defense, Defender is required to personally attend the debates.
The Director of proceedings may exempt the defendant, at his request, to appear in person when he argues important reasons and that his presence is not essential.
If the accused does not attend without excuse, the provisions governing the default procedure shall apply.
If, in the case of Defence Agency or mandatory defense, the Defender does not appear, the debates are shifted.

Art. 337 Crown prosecutors may present proposals written to the Court or appear in person at the bar.
It is linked to either the legal fact-finding assessment as she emerged from the Act charges nor the proposals it contains.
The public prosecutor is required to support in person the prosecution before the Court when it requires a custodial sentence in addition to a year or a measure involving deprivation of liberty.
Furthermore the Director of proceedings may, when it deems necessary, require the Crown to support the charge in person.
If the public prosecutor does not appear in person as required, the debates are shifted.

Art. 338 complainant and third at the request of the complainant, the Director of proceedings can provide to appear personally, when his presence is not necessary.
The third party concerned by a measure of confiscation has the right not to appear personally.
If the complaining party or the third party referred by a confiscation measure do not personally appear, they may be represented or submit written proposals.

Section 2 start of the debates art. 339 opening, preliminary and incidental matters the Director of proceedings opens the debate, gives knowledge of the composition of the Court and notes the presence of the individuals to appear.
The Court and the parties may then raise questions, such as: a. the validity of the indictment; (b) the conditions for the opening of public action; c. the impediments to proceed; d. the record and the evidence e. advertising of the debates; f. the split of the debates in both parties.

After hearing the parties, the Court immediately adjudicates the questions referred.
If the parties raise collateral matters during the debates, the Court treats them as preliminary issues.
During the treatment of questions referred or collateral matters, the tribunal may, at any time, adjourn debates to supplement the record or evidence or to charge the public prosecutor to bring these additions.

Art. 340 continued debate the fact that the questions have been addressed has the following effects: a. the debates should be conducted at their term without unnecessary interruption; b. the charge can no longer be withdrawn or amended, art. 333 being reserved; c. parties whose presence is required may leave the debates without the leave of the Court; the departure of part does not interrupt the discussions.


After that preliminary questions have been addressed, the process management communicates the conclusions of the public prosecutor, unless the parties not to give.

Section 3 Procedure probationary art. 341 hearings the Director of proceedings or a member of the court designated by it conducts hearings.
The other members of the tribunal and the parties can ask supplementary questions through management of the procedure, or with his authorization, put down them themselves.
At the beginning of the evidentiary procedure, management procedure questions the accused in detail on his person, the charge on the results of the preliminary procedure.

Art. 342 split of the debates in both parties or at the request of the accused or the public prosecutor's office, the Court may divide the discussions into two parts and decide: a. in the first part, he won't deal only with the question of the facts and of guilt and, in the second, that of the consequences of a finding of guilt or an acquittal; (b) as in the first part It will deal only with the question of the facts and, in the second, the guilt and the consequences of a finding of guilt or an acquittal.

The decision to split the debates is not subject to appeal.
When the procedure is split, the personal circumstances of the accused may subject to discussions in the case of a conviction, unless it is relevant to the settlement of the question of the objective and subjective constituent elements of the offence.
Decisions relating to the facts and the guilt of the accused are notified after the deliberations of the tribunal; However, they cannot make an appeal only once the full judgment.

Art. 343 of evidence the court proceeds to the administration of new evidence or full administered evidence of inadequately.
The tribunal reiterates the administration of evidence that during the preliminary procedure, were not administered in proper manner.
He reiterated administration of evidence that during the preliminary procedure, were administered in proper manner when direct knowledge of the means of proof appears necessary for the pronouncement of the judgment.

Art. 344 divergent when legal assessment the Court intends to deviate from the legal assessment that wear the Crown on the State of affairs in the indictment, it shall inform the parties and invite them to pronounce.

Art. 345 proceedings probation before closing the trial proceedings, the tribunal gives the parties the opportunity to propose new evidence.

Section 4 arguments and closing of the proceedings art. 346 order of argument at the end of the evidentiary procedure, the parties present and motivate their proposals. The oral arguments take place in the following order: a. the Crown; (b) the complaining party; c. the third covered by a confiscation measure in the sense of the art. 69 to 73 CP; d. the accused or his counsel.

The parties are entitled to a second argument.

RS 311.0 art. 347 end of argument at the end of the argument, the defendant has the right to speak one last time.
The Director of proceedings then the closure of debates.

Section 5 judgment art. 348 deliberations after closing debates, the Court withdraws to deliberate in camera.
The clerk takes part in deliberation with a consultative vote.

Art. 349 further evidence when the case is not in condition to be tried, the Court decides to supplement the evidence, and then resume the debate.

Art. 350 latitude in assessing the charge; foundations of the judgment the tribunal is bound by the State in fact described in the indictment, but not by the legal assessment that in fact the Crown.
It takes into account the evidence during the preliminary proceedings and debates.

Art. 351 pronouncement and notification of the judgment where the Court is able to rule on the prosecution materially, it makes a judgment on the guilt of the accused, sanctions and other consequences.
The Court delivers its judgment on each point by a simple majority. Each Member is required to vote.
The tribunal notifies its judgment under art. 84 title 8 Special Procedures Chapter 1 of the penal order and procedure for tickets Section 1 proceedings of the criminal order art. 352 conditions the Crown makes a criminal order if, during the preliminary proceedings, the accused admitted the facts or that they are established and that, including a possible revocation of probation or parole, he believes enough one of the following penalties: a. a fine; b. a monetary penalty of 180 days-fine at the most; c. a work of general interest of 720 hours; d. a custodial sentence of more than six months.

Each of these penalties may be ordered jointly to a measure in the sense of art. 66 and 67 to 73 CP.
The penalties provided in para. 1, let. b to d, may be ordered jointly if all of the sentence does not exceed a custodial sentence of six months. A fine may be imposed in addition.

RS 311.0 new content according to section 1 of the annex to the Federal ACT of 13 Dec. 2013 on the prohibition to exercise an activity, the prohibition of contact and geographic ban, in force since Jan. 1. 2015 (2014 2055 RO; FF 2012 8451).

Art. 353 content and notification of the criminal order the criminal order contains the following information: a. the name of the authority which makes it; (b) the identity of the accused; c. the facts imputed to the accused; d. offences; e. assent; f. the mention, briefly reasoned, the revocation of a reprieve or a parole; g. fees and allowances; h. the mention of objects and assets sequestered to return or to confiscate; i. an indication of the right to opposition and consequences of the failure of opposition j. the place and the date of the making of the order; k. the signature of the person who established the order.

If the accused acknowledged civil complainant claims, mention is made in the criminal order. The claims that have not been recognized are referred to the civil trial.
The criminal order is immediately notified in writing to the persons and authorities who have quality opposition.

Art. 354 opposition can file opposition against the criminal order to the public prosecutor, in writing and within ten days: a. the accused; (b) the other persons concerned; c. If provided, the Chief Prosecutor or the Attorney general of Confederation or canton, in the relevant criminal proceedings.

The opposition must be motivated, with the exception of the accused.
If no opposition is validly formed, the criminal order is equated with a judgment entered into force.

Art. 355 procedure in case of opposition in case of opposition, the public prosecutor's Office administers the other evidence necessary to the judgment of the opposition.
If the opponent, without excuse, fails at a hearing despite a quote, his opposition is considered withdrawn.
After the taking of evidence, the public prosecutor's Office decides: a. maintain the criminal order; (b) to classify the procedure; c. a new criminal order; d. to lay the charge before the Court of first instance.

Art. 356 proceedings before the Court of first instance when he decided to maintain the criminal order, the Crown transmits without delay the record to the Court of first instance for the debates. The criminal order takes the place of an indictment.
The Court of first instance shall decide on the validity of the criminal order and the opposition.
The opposition may be withdrawn until the end of the argument.
If the opponent fails to debates without be excused and be represented, his opposition is considered withdrawn.
If the criminal order is not valid, the tribunal cancels it and refers the case to the public prosecutor for a new preliminary procedure.
If the opposition is only about fees and allowances or other accessory consequences, the Court rules in writing, unless the opponent request expressly debates.
If criminal orders on the same facts have been made against several persons, art. 392 shall apply by analogy.

Section 2 criminal proceedings for violations art. 357. when administrative authorities are imposed the pursuit and trial of tickets, they have the powers of the Crown.
The provisions on the criminal order are applicable by analogy to criminal procedure of contraventions.
If the constituent elements of the offence are not fulfilled, the criminal contraventions authority pronounced the ranking of the procedure by briefly reasoned.
If the criminal authority contraventions infers of the fact that the offence committed is a felony or misdemeanour, it transmits the case to the public prosecutor.

Chapter 2 Simplified Procedure art. 358 principles


Until the indictment, the defendant who has acknowledged the key facts for the legal assessment, as well as, at least in principle, the civil claims can seek enforcement of a simplified to the Crown.
The simplified procedure is excluded when the Crown requires a custodial sentence exceeding five years.

Art. 359 proceedings the public prosecutor decides on the implementation of the simplified procedure. It is not required to justify its decision.
The Crown notifies execution of the procedure simplified to the parties and sets a deadline of ten days to announce its civil claims and procedural allowances claimed to the complaining party.

Art. 360 indictment the indictment contains: a. the particulars provided in art. 325 and 326; (b) the amount of the penalty; c. measures; (d) the rules of conduct imposed in the granting of the stay; e. revocation of the sanctions suspended or the release of execution of punishment; (f) the regulation of the civil of the complainant claims; g. fees and allowances regulations; h. the mention of the fact that the parties renounce an ordinary procedure as well as the means of redress by accepting the indictment.

The public prosecutor shall notify the indictment the parties. They must report within a period of ten days if they accept it, or if they reject. Acceptance is irrevocable.
The indictment is deemed accepted if the complainant has not rejected it in writing within the time limit.
If the parties accept the indictment, the Crown transmits the case to the Court of first instance.
If a party rejects the indictment, the Crown committed a preliminary procedure.

Art. 361 debates debates is the Court of first instance.
During the debates, the tribunal questioned the accused and finds: a. If he admits the facts based charge; b. If his testimony is consistent with the record.

If necessary, it also questions other parties present.
There is no evidence management.

Art. 362 judgment or rejection the tribunal appreciates freely: a. If the execution of the simplified procedure is in accordance with law and justified; b. If the charge is consistent with the outcome of the discussions and the folder; c. If the proposed sanctions are appropriate.

If the conditions for making the judgment according to the simplified procedure are met, the facts, the sanctions and the civil claims contained in the indictment are likened to a judgment. The tribunal summarizes these conditions.
If the conditions to render the judgment under the simplified procedure are not met, the file is forwarded to the public prosecutor to take ordinary preliminary procedure. The tribunal shall notify the parties its decision to dismiss, orally and in writing in the device. This decision is not subject to appeal.
The statements made by the parties in the context of the simplified procedure are not usable in the ordinary procedure that could follow.
By declaring appeal from the judgment rendered under the simplified procedure, a part can assert only that she does not accept the indictment or that the judgment does not match the indictment.

Chapter 3 Procedure in the event of subsequent judicial decisions independent art. 363 jurisdiction the Court that gave the judgment at first instance also makes subsequent decisions which are the responsibility of a judicial authority, as long as the Confederation and the cantons have not otherwise.
The Crown that makes a decision in a criminal order procedure or the competent criminal authority in respect of contraventions which makes a decision in a criminal procedure for tickets is also competent to make decisions.
The Confederation and the cantons designate the competent authorities to make further decisions that are outside the jurisdiction of the tribunal.

Art. 364 procedure introduced competent authority of office procedure for to be a subsequent judicial decision, as far as not otherwise provided by federal law. It addressed to the tribunal record as well as its proposal.
In other cases, the convicted person or another person who so empowered may request in writing that the procedure be introduced; the request is motivated.
The Court examines whether the conditions for the subsequent judicial decision are met, complete the folder if necessary or done further investigation by the police.
It gives to the person concerned and the authorities the opportunity to express themselves on the proposed decisions and submit their proposals.

Art. 365 the Court shall decide on the basis of the record. He may also order discussions.
It shall give its decision in writing and motivates her briefly. If discussions were held, he shall notify its decision immediately and orally.

Chapter 4 Procedure by default Section 1 Conditions and performance arts. 366 conditions if the accused duly cited, does not appear at the proceedings of first instance, the Court fixed new debates and quote again the accused or does it bring. He collects the evidence the administration suffers no delay.
If the accused does not attend the new debates or cannot be brought, they can be driven in his absence. The Court may also suspend the procedure.
If the accused has himself put in the inability to participate in the discussions or if he refuses to be brought to the House of detention to the debates, the tribunal can initiate the default procedure immediately.
Default proceedings may be brought only on the following conditions: a. the defendant had enough the opportunity to speak before the facts which he is accused; b. combined evidence to make a judgment in his absence.

Art. 367 execution and sentencing the parties and the advocate are allowed to plead.
The tribunal shall decide on the basis of the evidence during the preliminary proceedings and debates.
At the end of the pleadings, the Court may make a judgement or stay the proceedings until the accused to appear at the bar.
In addition, the default procedure is governed by the provisions applicable to the proceedings at first instance.

Section 2 new judgment art. 368 application of new judgment if the judgment by default can be notified personally to the convicted person, shall be informed of his right to request a new judgment to the Court within 10 days, in writing or orally.
In its application, the convicted person briefly the reasons which prevented him to participate in the debates.
The tribunal rejects the request when the convicted person, duly called, is lacking in the debates without reasonable excuse.

Art. 369 procedure if it appears likely that the conditions to make a new judgment are met, the Director of proceedings fixed new debates. During these, the tribunal shall on the request of the convicted person and, if necessary, makes a new judgment.
Use authorities suspend the appeal procedures introduced by the other parties.
The Director of proceedings decided until the debates of the granting of suspensory effect and detention for reasons of safety.
If the convicted person again default to debates without reasonable excuse, the default judgment remains valid.
The application again judgment can be withdrawn until the closing of the proceedings, under continuation of fees and costs.

Art. 370 new Court judgment makes a new judgment. It can be attacked by the usual means of redress.
When the new judgment comes into force, the judgment rendered by default, appeals filed against it and already rendered decisions in the appeal proceedings become obsolete.

Art. 371 report with the call so that short the time for appeal, the convicted person may declare an appeal against a judgment by default at the same time at his request for retrial or instead of. He must be informed in accordance with art. 368, al. 1. an appeal is admissible if the application for a new judgment was rejected.

Chapter 5 independent measurements Section 1 bond Procedures preventive art. 372 conditions and jurisdiction if a surety provided in art. 66 CP cannot be ordered as part of the criminal proceedings against the accused, independent proceedings are instituted.
If the accused is in detention because he might act or reoffend, the surety is not ordered.
The opening of an independent procedure request is submitted to the public prosecutor of the place where the threat was made or that where the intention of recidivism has been manifested.

RS 311.0 art. 373 procedure the Crown asks individuals, and then refer the case to the Court of measures of constraint. It shall order the measures provided for in art. 66 CP. The person concerned may appeal to the appeal authority against the decision ordering the remand.
The endangered person has the same rights as the complainant. It may for good cause be required to provide collateral to cover the costs of the proceedings and compensation.

The person who has made a threat has the same rights as the accused.
If the collateral is acquired to the State, in accordance with art. 66, al. 3, CP, the authority shall act in application of art. 240 if a person likely to move immediately to the Act, the public prosecutor may temporarily placed in custody or other measures of protection. He then refers her without delay of measures of constraint Court; may decide on detention.

RS 311.0 Section 2 Procedure in respect of defendants irresponsible art. 374 conditions and procedure if the accused is irresponsible and the criminal liability within the meaning of art. 19, al. 4, or 263 CP does not come into consideration, the public prosecutor's request in writing to the Court of first instance to order a measure within the meaning of art. 59 to 61, 63, 64, 67, 67b or 67th CP, without pronouncing the ranking of the procedure for irresponsibility of the accused.
To take into account the State of health of the accused or to protect his personality, the Court of first instance may: a. debate in the absence of the accused; (b) pronounce the camera.

The Court of first instance gives the complainant the opportunity to express themselves on the requisition of the Crown and its civil claims.
For the rest, the rules governing the procedure of first instance are applicable.

RS 311.0 new content according to section 1 of the annex to the Federal ACT of 13 Dec. 2013 on the prohibition to exercise an activity, the prohibition of contact and geographic ban, in force since Jan. 1. 2015 (2014 2055 RO; FF 2012 8451).

Art. 375 pronounced the court orders measures or other measures when it considers the participation of the accused and his irresponsibility as established and holding these necessary measures. He also adjudicate civil claims that the complainant argued.
The pronouncement of measures and the decision on the civil claims are made in the form of a judgment.
If the Court considers that the accused is responsible or that he holds responsible for the offences committed in a State of irresponsibility, he rejects the request of the public prosecutor. The entry into force of this announcement continues the preliminary proceedings against the accused.

Section 3 Procedure for independent confiscation proceedings criminal art. 376 conditions independent confiscation proceedings is introduced when confiscation of objects or heritage values of a given person should be decided independently of a criminal procedure.

Art. 377 procedure objects or assets which will be probably confiscated in an independent procedure are sequestered.
If the conditions of confiscation are met, the Crown makes a confiscation order; It gives the person concerned the opportunity to express themselves.
If the conditions are not met, he pronounced the ranking of the procedure and restores objects or assets to the person entitled.
The opposition procedure is governed by the provisions on the criminal order. The pronouncement of the Court is rendered in the form of a decision or an order.

Art. 378 allocation to the injured the public prosecutor or the Court also decides on applications for the injured on the allowance in favour of objects and assets confiscated. Art. 267, al. 3 to 6, shall apply by analogy.

Title 9 legal remedies Chapter 1 provisions general art. 379 provisions except special provision, the General provisions of this code apply by analogy to the appeal proceedings.

Art. 380 decisions final or not subject to appeal the decisions described as final and not subject to appeal by this code cannot be attacked by one of the means of redress provided for by this code.

Art. 381 quality for use of the public prosecutor of the public prosecutor may file an appeal both for and against the accused or the convicted person.
If the Confederation and the cantons have appointed a Chief Prosecutor or a public prosecutor, they determine the public prosecutor empowered to lodge an appeal.
They determine which authorities may file an appeal in the criminal procedure of contraventions.
The public prosecutor of the Confederation may appeal against cantonal decisions: a. when federal law provides that the decision must be communicated to itself or to another authority federale.b. When he delegated the investigation and the trial of a criminal case to the cantonal authorities.

Art. 382 quality for use of the other parties any part which has a legally protected interest in the cancellation or modification of a decision has standing to appeal against it.
The complainant is unable to file an appeal on the question of punishment or pronounced measure.
If the accused, the convicted person or the injured party die, their loved ones within the meaning of art. 110, al. 1, CP may, in the order of succession, lodge an appeal or proceed provided that their legally protected interests have been harmed.

RS 311.0 art. 383 provision of security management of the proceedings of the appeal authority may require the complainant to provide security within a specified time to cover the potential costs and benefits. Art. 136 is reserved.
If securities are not provided within the time limit, the appeal authority is not material on the use.

Art. 384 the period the appeal period start to run: a. for the judgments upon delivery or notification of the written device; b. for other decisions, upon notification of these; c. for legal proceedings not given in writing, as soon as the persons concerned have had knowledge.

Art. 385 motivation and form if this code requires that the use is motivated, the person or authority which uses specifically: a. the decision points that she attacks; b. patterns which control another decision; c. the means of evidence that it invokes.

If the submission does not meet these requirements, the appeal authority returns to the using to make it complete in a short time. If, after the expiry of this deadline, the memory still not meet these requirements, the appeal authority is not material.
The inaccurate designation of a remedy has no effect on its validity.

Art. 386 waiver and withdrawal anyone who has quality to use may waive appeal recourse after communication of the decision challenged, by a written or verbal statement to the authority that made it.
Anyone who has filed an appeal may be withdrawn: a. in the case of oral proceedings, before the closing of the proceedings; (b) in the case of a written procedure, prior to the closing of the exchange of written submissions and the term fixed to bring additional evidence or to complete the file.

Waiver and withdrawal are final, unless the part was induced to make his statement by a deception, a violation or incorrect information to the authorities.

Art. 387 suspensive effect remedies have no suspensive effect; the provisions of this code and the procedure of the appeal authority management decisions that are contrary to this rule are reserved.

Art. 388 orders made by the Director of proceedings and interim measures the Director of proceedings of the Appeals Authority makes orders and takes provisional measures which are needed and which don't suffer no delay. This could include: a. charge the public Department of the administration of evidence when it suffers no delay; b. order the remand of the accused; c. appoint a defender of office.

Art. 389 additional evidence the appeal procedure is based on the evidence given during the preliminary proceedings and the proceedings at first instance.
The administration of evidence of the Court of first instance is repeated if: a. the provisions on evidence have been broken; (b) administration of the evidence was incomplete; c. documents relating to the administration of evidence seem unreliable.

The appeal authority administers, either ex officio or at the request of a party, the additional evidence needed to handle the review.

Art. 390 written procedure anyone who intends to use a cause of action for which the present code provides the written procedure must file a statement of use.
If the action is not manifestly inadmissible or unfounded, the Director of proceedings notifies the appeals brief to the other parties and the lower authority so that they express themselves. The proceedings even if the appeals brief may be notified or a part does not.
If there is place, the appeal authority ordered a second Exchange of submissions.
It makes its decision by way of circulation, or during a non-public deliberation, on the basis of the record and the administration of the additional evidence.
She may order proceedings, either ex officio or at the request of a party.

Art. 391 decision in making its decision, the appeal authority is not bound: a. by the grounds relied on by the parties; b. by the submissions of the parties, except when ruling on a civil action.


It can change a decision at the expense of the accused or the convicted person if the appeal was filed only in their favor. However, it can impose a more severe penalty in the light of new facts which could not be known to the Court of first instance.
It can change a decision made about the civil claim at the expense of the complainant if it is the only one to have filed an appeal.

Art. 392 extending the scope of application of decisions on appeals when, into one process, an appeal has was lodged by some of the defendants or convicts only and that he was admitted, the contested decision is cancelled or changed also for those who have not filed an appeal under the following conditions: a. the authority of appeal judge facts differently; b. recitals apply also to the other people involved.

Before making its decision, the appeal authority hears if there is place the defendants or convicts who have not filed an appeal, the Crown and the complainant.

Chapter 2 appeals art. 393 admissibility and grounds of appeal the application is admissible: a. against the decisions and proceedings of the police, the public prosecutor and criminal authorities for tickets; b. against orders, decisions and the proceedings of the courts of first instance, except against those of the Director of proceedings; c. against the decisions of the Court of measures of constraint in the cases provided by the present code.

The appeal may be filed for the following reasons: a. breach of law, including excess and abuse of the discretion, the denial of justice and the unjustified delay b. Finding incomplete or erroneous facts; c. inappropriateness.

Art. 394 inadmissibility of the appeal the appeal is inadmissible: a. when the appeal is admissible; (b) if the public prosecutor or the competent criminal authority contraventions rejects a requisition of evidence which can be repeated without legal prejudice to the Court of first instance.

Art. 395 appeal authority College if the appeal authority is a collegiate court, his leadership of the only statue on the appeals procedure: a. focuses exclusively on tickets; b. focuses on collateral economic consequences of a decision and that the disputed amount does not exceed 5,000 francs.

Art. 396 form and time limit the appeals against the decisions notified in writing or orally are motivated and addressed in writing, within the period of ten days, to the appeal authority.
The remedy for undue delay or denial of justice is subject to no delay.

Art. 397 procedure and decision the appeal is being a written procedure.
If the authority admits the appeal, she makes a new decision or annuls the contested decision and returns it to the lower authority which decides.
If it admits an appeal against an order of ranking, it can give instructions to the public prosecutor or the competent criminal authority on tickets as the rest of the procedure.
If it finds a denial of justice or an unjustified delay, it may give directions to the authority concerned by outsourcing it delays to run.

Chapter 3 Section 1 provisions call General art. 398 admissibility and grounds of appeal the appeal is admissible against judgements of the courts of first instance which have closed all or part of the procedure.
The appeal court has full powers of review on every attack the judgment.
The appeal may be lodged for: a. breach of law, including excess and abuse of the discretion, the denial of justice and the unjustified delay b. Finding incomplete or erroneous facts; c. inappropriateness.

When only tickets made the object of the proceedings at first instance, the appeal may be lodged to the grievance that the judgment is legally erroneous or that State of fact has been established clearly inaccurate or in violation of the law. No new allegation or evidence can be produced.
If an appeal on the civil claim, the appeal court examines the judgment of first instance insofar as the law of civil procedure for the Forum would allow the appeal.

Art. 399 announcement and statement of appeal the party announced the appeal to the Court of first instance in writing or orally for mention in the minutes within the period of ten days from the communication of the judgment.
When the reasoned judgment is written, the Court of first instance passes announcement and the record to the Court of appeal.
The part that announces the call addressed a notice of appeal in writing to the Court of appeal within 20 days from the notification of the reasoned judgment. In his statement, it indicates: a. If it intends to attack the judgment as a whole or only on some parties; b. changes to the judgment at trial she asks; c. its requisitions of evidence.

Anyone who attacks only certain parts of the judgment is required to indicate in the notice of appeal, definitively, what parts the appeal, namely: a. the question of guilt, if each acts; (b) the portion of the sentence; (c) the measures that have been ordered; d. the civil claims or some of them; e. collateral judgment consequences; f. fees allowances and compensation for moral harm; g. the subsequent judicial decisions.

Art. 400 screening if the notice of appeal indicates precisely the parts of the judgment at trial which are attacked, management of the proceedings of the Court of appeal invite the party to clarify his statement and sets a time limit for this purpose.
The Director of proceedings must, without delay, a copy of the notice of appeal to the other parties.
Within 20 days from the receipt of the notice of appeal, the parties may, in writing: a. to apply for dismissal; the request must be justified; b. to declare a joint call.

Art. 401 appeal art. 399, al. 3 and 4, shall apply by analogy to the appeal.
The appeal is not limited to the main appeal, unless it focuses exclusively on the civil claim of the judgment.
If the appeal is withdrawn or is the subject of a decision of dismissal, appeal is null and void.

Art. 402 effect of appeal the appeal suspends the force of res judicata of the judgment attacked within the limits of the disputed points.

Section 2: Procedure art. 403 introduction the appellate writing makes its decision on the admissibility of the appeal when the Director of proceedings or part submitted: a. that the announcement or the statement of appeal is late or inadmissible; b. that the appeal is inadmissible within the meaning of art. 398; (c) the conditions for the opening of criminal proceedings are not met or that there is an impediment to proceed.

Appeals Court gives the parties the opportunity to comment.
If it is not in issue on the appeal, she shall notify the parties its reasoned decision.
If it is material, the Director of proceedings shall, without delay, the necessary pursuit of the appeal procedure.

Art. 404 scope of review the appeal court examines only points attacked from the judgment at trial.
It may also consider in favour of the accused from the judgment points that are not attacked, in order to prevent illegal or unfair decisions.

Art. 405 oral proceedings the provisions on the proceedings of first instance apply by analogy to the debates of appeal.
The Director of proceedings quote to appear at the proceedings of appeal the accused or complainant who stated the call or the call attached. In simple cases, it may, at their request, deliver them to participate in discussions and allow them to submit in writing their motivated conclusions.
She cited the public prosecutor to appear at debates: a. in the case referred to in art. 337, al. 3 and 4; b. If it said the call or the call joined.

If the Crown is not summoned to appear, he may file in writing its conclusions as well as the motivation to support these or appear in person.

Art. 406 written procedure the appeal court cannot handle the call in written procedure that: a. If only on points of law must be decided; (b) if only the civil claim are attacked; c. If the trial judgment only deals with contraventions and that the call is not on a conviction for a felony or misdemeanour; d. charges if only allowances or compensation for moral harm are attacked; e. If only measures within the meaning of art. 66 to 73 CP are attacked.

With the agreement of the parties, the Director of proceedings may in addition order the written procedure: a. when the presence of the accused to appeal debates is not required; b. when the appeal is directed against judgements rendered by a single judge.

The Director of proceedings fixed to the part that said the call or the call joined a deadline to file a motivated appeal brief.
The rest of the procedure is governed by art. 390, al. 2 to 4.

RS 311.0 art. 407 parties default the appeal or the appeal is deemed withdrawn if the part that said:

a. is lacking in discussions of appeal without reasonable excuse and is not represented (b) fails to file a written brief; c. cannot be subpoenaed.

If the public prosecutor or complainant appeal on conviction or the issue sentencing the accused does not attend debates without excuse, a default procedure is started.
If the appeal of the complainant is limited to the civil claim and that the accused does not attend debates without excuse, appeals court rules on the basis of the results of the discussions of trial and the file.

Section 3 judgment of appeal art. 408 new judgment if the appeal court comes into matter, it makes a new judgment which replaces the judgment at first instance.

Art. 409 cancellation and removal if the procedure of first instance presents significant defects which it is impossible to remedy in appeal proceedings, the appeal court annuls the judgment and refers the case to the Court of first instance to be conducted to further debate and for a new judgment.
The appellate court determines legal proceedings that must be repeated or supplemented.
The Court of first instance is bound by the recitals in the order for reference and the instructions referred to in para. 2 Chapter 4 review art. 410 admissibility and grounds for review any person aggrieved by a judgment entered into force, a penal order, a judicial decision or a decision in an independent procedure for measures, may request a review: a. If there are facts or means of evidence which were unknown to the lower authority and who are likely to motivate the acquittal or a significantly less severe or more severe of the condemned conviction or sentencing of the nobody paid; (b) if the decision is in contradiction with a criminal decision later on the same facts; c. If it is established in another criminal procedure that the outcome of the proceedings was influenced by an offence, a conviction is not required as evidence; criminal procedure cannot be performed, the evidence may be made in another way.

The revision to the Convention of 4 November 1950 for the protection of the rights of man and fundamental freedoms (ECHR) may be requested from the following conditions: a. the European Court of human rights found in a final decision a violation of the ECHR or its protocols; b. compensation isn't likely to remedy the effects of the breach; c. review is necessary to address the effects of the violation.

The review for the convicted person may be requested even after the acquisition of the prescription.
The review limited to the civil claims is admissible only in the case where the law of civil procedure to the Forum would review.

RS 0.101 art. 411 shape and delay applications for review must be motivated and addressed in writing to the appeal court. Reasons for revision should be exposed and justified in the application.
Applications for review referred to in art. 410, al. 1, let. b, and 2, must be filed within 90 days from the date on which the person concerned been informed of the decision at issue. In other cases, they are subject to no delay.

Art. 412 review prior and entered appeals court previously examines the application for review in written procedure.
It is not material if the request is manifestly inadmissible or not motivated or if an application for review, citing the same reasons has already been rejected in the past.
If the appeal court into material on demand, she invites the other parties and the lower to rule writing authority.
It identifies the additional evidence to administer and additions to the file and adopts provisional measures, provided that this decision is not for the Director of proceedings under art. 388 art. 413 decision if the appellate court finds that the grounds for review are unfounded, she rejects the request for review and cancels any interim measures.
If it finds that the grounds for review are based, she cancels partially or entirely the decision contested; more: a. She refers the case for new treatment and new judgment to the authority it designates; b. She makes herself a new decision if the State of the record allows.

Upon removal of the cause, the appeal court determines to what extent the grounds for review identified cancel the force of res judicata and enforceability of the contested decision and at what stage the procedure must be repeated.
If the conditions are met, it can place temporary or leave the accused in detention for security reasons.

Art. 414 new procedure if the appeal court returned the cause to the public prosecutor, decides if there is place to draw up a new indictment, a criminal order or classify the procedure.
If she referred the case to a court, it proceeds to the additional necessary evidence and makes a new judgment under the terms of debate.

Art. 415 consequences of the new decision if the new decision to condemn the accused to a heavier sentence, the sentence already served is deducted from the new.
If the convicted person is acquitted or his sentence is reduced, or if the case is shelved, the amount of fines or monetary penalties received overpayment shall be refunded to you. The contentions of the defendant for damages or compensation of moral harm are governed by art. 436, al. 4. If the convicted person is acquitted himself or, if he died, his relatives can request the publication of new delivery.

Title 10 cost of procedure, compensation and reparation of moral damage Chapter 1 provisions general art. 416 scope the provisions of this title apply to all procedures provided for in this code.

Art. 417 costs resulting from defective in case of default or other flawed pleadings pleadings, the criminal authority may set fees and allowances paid by the participants in the proceedings who caused them, regardless of the outcome of the procedure.

Art. 418 participation of several persons and third-party liability when several persons are subject to the payment of fees, these are divided proportionally between them.
The criminal authority may order that persons subject to the payment of fees meet jointly and severally from those they have caused all.
It may order that third parties, and the accused respond jointly and severally the costs, in accordance with the principles of responsibility in civil law.

Art. 419 charges of the irresponsible people if the procedure is the subject of an order of ranking because of the irresponsibility of the accused or if it has been paid for this reason, the fees can be made dependents if equity so requires in the light of all the circumstances.

Art. 420 recourse action Confederation or canton can bring a recourse action against people who intentionally or by gross negligence, have: a. caused the opening of the procedure; b. made significantly more difficult procedure; c. caused a decision reversed in a review procedure.

Art. 421 decision on the fate of the criminal enforcement costs fixed costs in the final decision.
It may fix fees in advance in: a. intermediaries; b. decisions partial ranking orders; c. decisions on appeals concerning interim decisions and orders partial ranking.

Chapter 2 costs of proceedings art. 422 definition procedure fees consist of fees to cover the costs and disbursements actually incurred.
Means including disbursements: a. pass-through office defence and aid; b. translation costs; c. expert fees; (d) the costs of participation of other authorities; e. fees port and telephone and other similar expenses.

Art. 423 principles proceedings fees are put to the load of the Confederation or canton who led the procedure; the contrary provisions of this code are reserved.
and...

Repealed by section II 7 of the annex to the Federal ACT of 19 March 2010 on the Organization of the criminal authorities, with effect from Jan 1. 2011 (2010 3267 RO; FF 2008 7371).

Art. 424 calculation and emoluments the Confederation and the cantons regulate the calculation of the costs of the proceedings and set fees.
For simple cases, they may provide for flat-rate fees also cover disbursements.

Art. 425 suspended and given the criminal authority can grant a stay for the payment of the costs of the proceedings. It can reduce or fees given the situation of the person required to pay them.

Art. 426 fees dependant of the accused and the parties in an independent procedure measures the defendant bear the costs of proceedings if he is convicted. Exceptions are expenses related to the defense of office; art. 135, al. 4, is reserved.

When the procedure is the subject of a ranking order or that the accused is acquitted, all or part of the costs of proceedings can be made dependents if there, illicit and faulty, caused the opening of the procedure, or made it more difficult to conduct it.
The accused does not support costs: a. that the Confederation or canton were caused by unnecessary or erroneous pleadings; b. that are attributable to the translations made necessary is allophone.

Costs of legal aid of the complainant cannot be the responsibility of the accused if it has a good financial situation.
The provisions above apply by analogy to the parties in an independent policy procedure, when the decision is made to their detriment.

Art. 427 cost to the complainant and the complainant the costs caused by the civil claim of the complainant can be put to the charge: a. when the case is shelved, or that the accused is acquitted; b. when the complainant withdraws its civil findings prior to the closing of the proceedings of first instance; c. when the civil claim have been rejected or that the complainant was referred to act by the civil way.

Offences prosecuted on complaint procedure may, under the following conditions, be the responsibility of the complainant or the complainant who, having acted in a reckless manner or by gross negligence, has hindered the success of the procedure or made it more difficult: a. the procedure is classified or the acquitted accused; (b) the accused is not subject to the payment of fees in accordance with art. 426, al. 2. If the complainant withdraws his complaint in the course of an attempt at reconciliation of the public prosecutor, Confederation or canton generally support the costs of proceedings.
Any agreement between the complainant and the accused bearing on the allocation of costs in relation to a withdrawal of the complaint requires the consent of the authority which ordered the ranking. She should not have harmful effects for Confederation or canton.

Art. 428 costs in the appeal proceedings the costs of the appeal proceedings being borne by the parties insofar as they have been successful or died. The party whose appeal is inadmissible or who withdraws the appeal is also considered to have died.
When one party who appeals an appeal Gets a decision that is more favourable, the costs of the proceedings can be put to its charge in the following cases: a. the conditions that allowed him to succeed have been achieved only in the appeal proceedings; (b) the amendment of the decision is of little importance.

If the appeal authority itself makes a new decision, ruling also on the costs fixed by the lower authority.
If they cancel a decision and refer the case for a new decision to the lower authority, Confederation or canton bear the costs of the procedure of appeal and, at the discretion of the appeal authority, the costs of the proceedings before the lower instance.
When an application for review is admitted, the criminal authority then hear the case fixed fees of the first procedure according to its power of appreciation.

Chapter 3 allowances and compensation for moral harm Section 1 defendant art. 429 claims if the accused is acquitted entirely or in part or if there is a ranking order, he has right to: a. compensation for the expenses caused by the reasonable exercise of its procedural rights; b. compensation for the economic damage suffered in respect of mandatory participation in criminal proceedings; c. compensation for moral harm suffered due to a particularly serious breach his privacy , especially in the case of deprivation of liberty.

The criminal authority examines Office the claims of the accused. She may direct it to encrypt and to justify.

Art. 430 reduction or refusal of compensation or compensation for moral harm the criminal authority may reduce or refuse the indemnity or compensation for moral harm in the following cases: a. the defendant caused illegally and imprisonment for debt the opening of the procedure or has made it harder to conduct it; (b) the complainant is obliged to indemnify the defendant; c. expenses of the accused are insignificant.

In the appeal proceedings, compensation and compensation for moral harm may also be reduced if the conditions set out in art. 428, al. 2, are met.

Art. 431 coercive measures illegal if the accused has, unlawfully, investigated measures of constraint, the criminal authority allocates him a just compensation and reparation of moral damage.
In case of pre-trial detention and detention for reasons of security, the accused entitled to compensation or compensation for the wrong moral when detention exceeded the time allowed and excessive detention cannot be imputed on the sanctions pronounced for other offences.
The accused is not entitled to the services referred to in para. 2 is it: a. was sentenced to a financial penalty, to a work of general interest or fined, the conversion would give rise to a deprivation of freedom that would not significantly shorter than pre-trial detention or detention for reasons of security; b. is sentenced to deprivation of freedom with the reprieve, which the duration exceeds that of pre-trial detention or detention on grounds of security that there suffered.

Art. 432 claims against the complainant and the complainant, the accused, who gets successful may ask the complainant just compensation for the expenses of the civil claim.
When the defendant is successful on the issue of his guilt and that the offence is prosecuted on complaint, the complainant or the complainant who, having acted in a reckless manner or by gross negligence, has hampered the smooth running of the proceedings or has made it more difficult may be obliged to compensate the defendant for the expenses caused by the reasonable exercise of his procedural rights.

Section 2 complainant and third art. 433 complaining party in the following cases, the complainant may ask the accused just compensation for compulsory expenditure occasioned by the procedure: a. she wins; b. the accused is subject to the payment of fees in accordance with art. 426, al. 2. the complainant address his claims to the criminal authority; It must encrypt and justify them. If it fails in this duty, the criminal authority is not material on demand.

Art. 434. third third parties who by the fact of acts of procedure or the fact of humanitarian aid to the criminal authorities, a damage are entitled to fair compensation if the damage is not covered in another way, as well as compensation for moral harm. Art. 433, al. 2, shall apply by analogy.
Claims are addressed in the final decision. When the case is clear, the public prosecutor may address them already on the stage of the preliminary procedure.

Section 3 provisions special art. 435 prescription claims compensation and compensation for the moral wrong against Confederation or canton prescribes 10 years from the day when the decision came into force.

Art. 436 indemnity and compensation of moral harm in the appeal claim in allowances and compensation of moral harm in the appeal proceedings are governed by arts. 429 to 434.
If a total or partial acquittal or a ranking of the procedure are pronounced but the defendant wins its case on other issues, he is entitled to fair compensation for its expenses.
If the appeal authority annuls a decision under art. 409, the parties are entitled to just compensation for the expenses incurred by the appeal procedure and the cancelled part of the proceedings at first instance.
The accused which, after revision, is acquitted or a less severe sentence is entitled to just compensation for the expenses caused by the revision procedure. If he suffered a deprivation of liberty or a sentence, there also right to compensation for moral harm and compensation insofar as deprivation of liberty cannot be imputed on sanctions imposed for other offences.

Title 11 entry into force and enforcement of criminal decisions Chapter 1 entry into force art. 437 entry in force judgments and other decisions of closing against whom an appeal under this code is made come into force: a. when the appeal period expired without being used; b. when the right declares that he will renounce recourse or withdraws its appeal; c. when the appeal authority does not enter into matter on the appeal or reject it.

The entry into force takes effect on the date on which the decision was made.
The decisions against which no appeal is admissible according to this code come into force the day they are rendered.

Art. 438 statement of the entry into force


The criminal authority which issued a decision in notes the entry into force by a mention in the record or in the judgment.
If the parties were informed of the filing of an appeal, the entry into force of the judgment must also be given.
If entry into force is at issue, it is up to the authority that made the decision to decide.
The decision on the entry into force is subject to appeal.

Chapter 2: enforcement of criminal decisions art. 439 execution of sentences and measures the Confederation and the cantons designate the authorities responsible for the enforcement of sentences and measures and regulate the procedure; the special rules provided for by this code and CP are reserved.
The enforcement authority shall issue an order of execution of sentence.
Entered in force setting sentences and decisions of the custodial measures are executed immediately in the following cases: a. There is danger of escape; b. he put is at serious risk from the public; c. the purpose of the measure cannot be achieved in another way.

To complete the order of execution of the sentence, the enforcement authority may stop the condemned, launch a search warrant against him or ask for his extradition.

RS 311.0 art. 440 detention for reasons of safety in an emergency, the enforcement authority may, for the performance of a penalty or a measure, order the detention of the convicted person for reasons of safety.
She refers the case within the five days of the detention: a. to the Court which pronounced the sentence or measure to be executed; b. the Tribunal to measures of constraint of the Forum of the public prosecutor who made the criminal order.

The Court decides definitively if the convicted person shall remain in detention until the start of the execution of the sentence or measure.

Art. 441 prescription of punishment prescribed penalties cannot be performed.
The enforcement authority examines Office if the penalty is prescribed.
The convicted person may appeal to the appeal authority of the canton of execution against the execution of a sentence or a required action threatened. The authority decides the suspensive effect of the appeal.
If the convicted person has been a private sanction prescribed freedom, he has right to compensation and compensation for moral harm; art. 431 shall apply by analogy.

Art. 442 enforcement decisions on the fate of the legal fees and other financial benefits the recovery of fees, penalties, fines and other financial benefits arising from a criminal procedure is governed by the provisions of the Federal law of April 11, 1889, on debt collection and bankruptcy.
Claims concerning fees prescribes 10 years from the day when the decision on costs entered into force. The interest amounts to 5%.
The Confederation and the cantons designate the authorities responsible for the collection of financial benefits.
The criminal justice authorities can compensate for claims bearing on the costs of proceedings with the compensation awarded to the debtor in the same criminal procedure part and sequestered values.

RS 281.1 art. 443 execution of decisions on civil claims insofar as the judgment covers civil conclusions, it is performed in accordance with the law of civil procedure instead of execution and the Federal law of April 11, 1889, on debt collection and bankruptcy.

RS 281.1 art. 444 publications official the Confederation and the cantons designate the authorities responsible for official publications.

Title 12 final provisions Chapter 1 implementing provisions art. 445. the federal Council and, to the extent where they are competent, the cantons enact the provisions necessary for the execution of this code.

Chapter 2 Adaptation of legislation art. 446 repeal and amendment of existing law repeal and modification of existing law are dealt with in annex 1.
The Federal Assembly may adapt by order the provisions of federal legislation which, although contrary to the present code which have not been formally changed by it.

Art. 447 provisions of coordination the coordination of this law and other legislative acts is regulated in Schedule 2.

Chapter 3 provisions transitional Section 1 General provisions on procedure art. 448 applicable law the proceedings pending at the time of the entry into force of this code continues under the new law, unless the following provisions provide otherwise.
Legal proceedings ordered or performed prior to the entry into force of this code retain their validity.

Art. 449 jurisdiction the proceedings pending at the time of the entry into force of this Act continues to the authorities under the new law, unless the following provisions provide otherwise.
The conflict of competences between authorities of a same canton are decided by the appeal of this canton authority; those who opposed authorities of different cantons, the cantonal and federal authorities are decided by the federal criminal court.

Section 2 proceedings of first instance and special procedures art. 450 discussions of trial when discussions were opened before the entry into force of this code, they continue according to the old law the competent first instance court until then.

Art. 451 subsequent independent judicial decisions after the entry into force of this code, the subsequent independent judicial decisions are made by the criminal authority which would have been competent under the present code to render the judgment of first instance.

Art. 452 default procedure applications for retrial by the people who were found to be in default proceedings are processed according to the old law if they were pending at the time of the entry into force of this code.
Applications of new judgment after the entry into force of this code by people who were found to be in default proceedings according to the old law are appreciated in the light of the law that is most favourable to them.
The new trial is governed by the new law. It is made by the Court which would have been competent under the present code for the judgment default proceedings.

Section 3 Appeals Procedure art. 453 decisions made before the entry into force of this code appeals against decisions made before the entry into force of this code are processed according to the old law by the competent authorities under the empire of this right.
When a procedure is referred to the lower instance for retrial by the Appeals Authority or the federal court, the new law shall apply. The new judgment is made by the authority, which would have been competent according to this code to make the annulled decision.

Art. 454 decisions rendered after the entry into force of this code the new law is applicable to appeals against decisions made in the first instance after the entry into force of this code.
The old law is applicable to appeals against decisions made in the first instance according to the old law, after the entry into force of this code, by a superior to that of first instance judicial authority.

Section 4 Opposition against the criminal orders. procedure introduced by the complainant art. 455 opposition against the criminal orders art. 453 is applicable by analogy to the oppositions against the criminal orders.

Art. 456 procedures introduced by the complainant when procedures introduced by the complainant under the former cantonal law were pending before a Court of first instance before the entry into force of this code, it continues until the close of the proceedings at first instance according to the old law, the competent court until then.

Transitional 5Disposition section of the amendment on 28 September 2012 art. 456a auditions performed as part of the ongoing proceedings after the entry into force of this amendment are governed by the new law.

Chapter 4 Referendum and entry into force art. 457. This code is subject to the referendum.
The federal Council shall determine the date of entry into force.

Annex 1 (art. 446, para. 1) repeal and amendment of the law in force I are repealed: 1. the Federal law of June 15, 1934, on criminal procedure Federal; 2. the Federal Act of 20 June 2003 on the investigation secret.

II the following federal laws are changed as follows:...

[RS 3 295; RO 1971 777 ch. III 4, 1974 1857 annex ch. 2, 1978 688 art. 88 ch. 4, 1979 1170, 1992 288 annex ch. 15 2465 annex ch. 2, 1993 1993, 1997 2465 app. ch. 7, 2000 505 c I 3 2719 ch. II 3 2725. ch. II, 2001 118 c. I 3 3071 ch. II 1 3096 annex ch. 2-3308, 2003 2133 annex c. 9, 2004 1633 ch. I 4, 2005 5685 annex c. 19, 2006 1205 sandbottom c. 10, 2007 6087, 2008 1607 annex c 1 4989. Annex 1 ch 6 5463 annex c. 3 [, 2009 6605 annex ch. II 3] [RO 2004 1409, 2006 2197 annex ch. 29 5437 art. 2 No. 2, 2007-5437 annex ch. II 6]. mod can be found at the RO 2010 1881.

Status January 1, 2016 annex 2 (art. 447) coordinating amendments


1. coordination of the art. 305, al. 2, let. b, CPP with the LAVI what new order in which the code of criminal procedure of October 5, 2007 (CPC) and the Act of 23 March 2007 on assistance to victims (new LAVI) come into force, on the entry into force of the second of these laws, or their entry into force at the same time, art. 305, al. 2, let. b, CPC is amended as follows:...

2. coordination of the No. 9 of annex 1 to the PPC with the new LAVI is that either the order in which the CPC and new ACT come into force, the entry into force of the second of these laws, or their entry into force at the same time, section 9 of annex 1 to the CPC becomes obsolete and new LAVI is amended in accordance with point 10 of annex 1 of the CPC.

3. coordination of the military criminal procedure of 23 March 1979 (annex 1, ch. 12, CPC) with the LAVI what new order in which the CPC and the new LAVI enter in force on the entry into force of the second of these laws, or their entry into force at the same time, the art. 84A, 104, al. 3, and 118, al. 2 of point 12 of annex 1 to the CPC have the following content:...
Table of contents scope art. 1 administration of criminal justice art. 2 respect for the dignity and fair trial art. 3 independence art. 4 speed art. 5 maxim of education art. 6 imperative nature of the pursuit of art. 7 waiver to any criminal proceedings art. 8 Maxim prosecution art. 9 presumption of innocence and appreciation of evidence art. 10 prohibition of the double pursuit of art. 11 prosecution authorities art. 12 courts art. 13 name and organization of the criminal authorities art. 14 police art. 15 Department public art. 16 tickets Art. criminal authorities 17 Court of coercive measures art. 18 the Court of first instance art. 19 appeal authority art. 20 Court of appeal art. 21 jurisdiction cantonal art. 22 federal jurisdiction in general art. 23 federal jurisdiction in terms of organized crime, financing of terrorism and economic crime art. 24 delegation of powers to the cantons art. 25 skill multiple art. 26 jurisdiction to proceed with the preliminary investigation art. 27 conflicts art. Principle of unity of the procedure article 28 29 exceptions art. 30 for in the place of commission art. 31 for offences committed abroad or in the event of uncertainty as to the place of commission art. 32 for in case of involvement of several persons art. 33. for offences committed in different places art. 34 for for offences committed by the media art. 35. for prosecution for debts and bankruptcy and offences offences committed within a company art. 36. for in the case of independent confiscation of criminal proceedings art. 37 setting of another for art. 38 the competency examination and agreement on the for art. 39 conflict of fors art. 40 challenge of the Forum by the parties art. 41 provisions art. 42 scope and definition article 43 obligation to grant mutual assistance art. 44 support art. 45 communication direct art. 46 fee art. 47 conflicts art. 48 principles art. 49 request for enforcement of coercive measures art. 50 participation in legal proceedings art. 51 principles art. 52 remedies to the police art. 53 applicability of the present code art. 54 jurisdiction art. 55 reasons for recusal art. 56 statement required art. Challenge requested by a party article 57 58 decision art. 59 consequences of the violation of the provisions on disqualification art. 60 authority of the Director of proceedings art. 61 tasks General art. 62 police of hearing art. Measures 63 disciplinary art. 64 contestation of orders made by the courts art. 65 oral art. 66 language of the proceedings art. 67 article translations 68 principles art. 69 restricting advertising of the hearing and camera art. 70 audio recordings and video art. 71 Chronicle judiciary art. 72 obligation of secrecy art. 73 public art information 74 information of authorities art. 75 provisions general art. 76 minutes of proceedings art. 77 minutes of auditions art. 78 rectification art. 79 form art. 80 content of the pronouncements of closing art. 81 restrictions to the obligation to give reasons art. 82 explanation and correction of decisions art. 83 notification of decisions art. Form of communications and notifications article 84 85 notification by electronic arts. Home of notification article 86 87 publication official art. 88 provisions general art. 89 computation of time art. 90 time limits art. 91 extension of delay and postponement of terms art. 92 fault art. 93 return art. Collection of personal data article 94 95 disclosure and use of the data as part of a pending procedure art. 96 right to information in a pending procedure art. 97 correction of data art. 98 treatment and conservation of personal data after the closure of the proceedings art. 99 records art. 100 records as part of a pending procedure art. 101 terms in case of request for access to records art. 102 records art. 103 parties art. 104. other participants in the proceedings art. 105 capacity to sue art. 106 right to be heard art. 107 restriction of the right to be heard art. 108 queries art. 109 form art. 110 definition art. 111 criminal proceedings brought against the company art. 112 status art. 113 ability to take part in the debates art. 114 art. 115 definition art. 116 status art. 117 definition and conditions art. 118 form and content of the declaration art. 119 waiver and withdrawal art. 120 transmission of rights art. 121 provisions general art. 122 calculation and motivational art. 123 competence and procedure art. 124 collateral for the expenses caused by the civil claim art. 125 decision art. 126 art. 127 status art. 128 private defence art. 129 defence required art. 130 implementation of mandatory defence art. 131 defence of office art. 132 designation of the defender of office art. 133 revocation and replacement of the defender of office art. 134 compensation of the defender of office art. 135 conditions art. 136 designation, revocation and replacement art. 137 compensation and support for costs art. 138 principles art. 139 administration methods of the banned evidence art. 140 operation of the means of evidence illegally obtained art. 141 criminal authorities in auditions art. 142 execution of statement art. 143 hearing by videoconference art. 144 written reports art. Hearing of several people and confrontations Art. 145 146 in general art. 147 in the case of mutual assistance art. 148 in general art. Guarantee of anonymity Art. 149 150 measures of protection of the undercover agents art. 151 General measures to protect victims art. 152 special measures to protect victims of offences against sexual integrity art. 153 special measures to protect children art. 154 measures to protect persons with mental disorders article 155 measures to protect people outside the procedure art. 156 principle art. Information to be given at the first hearing Art. 157 158 hearing conducted by the police in the investigation procedure art. 159 terms of hearing in case of confession art. 160 review of the personal situation in the preliminary procedure art. 161 definition art. 162 ability and obligation to testify to art. 163 information on witnesses art. 164 duty of discretion of the witnesses art. Hearing of the injured party article 165 Compensation article 166 167 right to refuse to testify because of personal relationships in art. 168 right to refuse to testify for his own protection or that of a loved art. 169 right to refuse to testify based on secrecy art. 170 right to refuse to testify based on professional secrecy art. 171 protection of the sources of the media arts. 172 right of refusing to testify based on other duties of discretion art. 173 decision on the admissibility of the right to refuse to testify art. 174 exercise of the right of refusing to testify art. 175 refusal unjustified testify art. 176 art. 177 definition art. 178 hearing by the police of the people called for information art. 179 status art. 180 hearing art. 181 recourse to an expert art. 182 qualifications of the expert art. 183 designation and term art. 184 establishment of public art. 185 hospitalization for expertise purposes art. 186 form of public art. 187 comments of the parties art. 188 expertise to supplement or clarify art. Compensation article 189 190 negligence of the s. expert 191 pieces of evidence art. 192 inspection art. Production of records article 193 194 request reports and information art. 195 definition art. 196 principles art. 197 jurisdiction art. 198 communication of delivery art. 199 recourse to force art. 200 form and content art. 201 period art. 202 exceptions art. 203 safe-conduct art. 204 duty to appear, prevention and fault art. 205 mandates of appearance awarded by the police art. 206 conditions and jurisdiction art. 207 form of the warrant of arrest art. 208 procedure art. 209 principles art. 210 s. public participation 211 principles art. 212 visit home art. 213 information art. Apprehension of Art. 214 215 right now art. 216 arrest by the police art. 217 arrest by private individuals art. 218

Procedure applied by the police art. 219 definitions art. 220 conditions art. 221 remedies art. 222 relationship of the accused with his Defender art. 223 procedure of detention before the Crown art. 224 detention procedure the Court of coercive measures art. Decision of the tribunal to the measures of constraint, Art. 225 226 extension of pre-trial detention art. 227 application for release from pre-trial detention art. 228 decision ordering detention for reasons of security art. 229 release from detention for security reasons during the proceedings at first instance art. 230 detention for reasons of safety resulting from the judgment of first instance art. 231 detention for reasons of safety during the procedure before the Court of appeal art. 232 request for release during the procedure before the Court of appeal art. 233 s. detention facility 234 enforcement detention art. 235 early execution of sentences and measures art. 236 provisions general art. 237 provision of security art. 238 release of security art. 239 devolution of security art. 240 delivery of as art. 241 enforcement art. 242 discovered incidental art. 243 principle art. 244 performance arts. 245 principle art. 246 performance arts. 247 sealing art. 248 principle art. 249 performance arts. 250 principle art. 251 performance arts. 252 death suspect art. 253 exhumation art. 254 conditions in general art. 255 samples during investigations of large-scale art. 256 samples on convicted persons art. 257 performance of samples art. 258 applicability of the Act on the profiles of DNA art. Identifying data entry Art. 259 260 use and retention of identifying data art. 261 samples of writing or voice art. 262 principle art. 263 restrictions art. 264 deposit art. 265 performance arts. 266 decision on objects and sequestered assets art. 267 receiver in cover art. 268 conditions art. 269 object of surveillance art. 270 professional secrecy art. 271 plan approval and authorization framework art. 272 traffic and data to the billing and identification of users art. 273 authorisation art. 274 lifting of surveillance art. 275 information not necessary for the procedure of art. 276 information collected in an unauthorized surveillance art. 277 discovered incidental art. 278 communication art. 279 goals art. 280 conditions and performance arts. 281 conditions art. 282 communication art. 283 principle art. 284 performance arts. 285 definition art. 285a Conditions art. 286 qualities required of the undercover agent art. 287 assumed identity and guarantee of anonymity art. 288 authorisation art. 289 instructions before the mission art. 290 contact person art. 291 of the undercover officer art. 292 scope of intervention art. 293 interventions in the prosecution of crime narcotics Art. 294 amounts necessary for the conclusion of a fictitious market art. 295 findings accidental art. 296 end of mission art. 297 communication art. 298 definition art. 298a Conditions art. 298b qualifications the officer assigned to the secret research and implementing art. 298c end of research and communication art. 298d Definition and purpose art. 299 introduction art. 300 right to denounce art. 301 duty to report art. 302 prosecuted on complaint and prosecution subject to authorisation art. 303 form of the criminal complaint art. 304 information of the victim and announcement of the case art. 305 s. police tasks 306 collaboration with the Crown art. 307 definition and purpose of education art. 308 opening art. Order of Nem Art. 309 310 of evidence and extension of education art. 311 mandates of the public prosecutor to the police art. 312 administration of evidence in relation to civil conclusions art. 313 suspension art. 314 resumption of education art. 315 art. 316 hearing final art. 317 closing art. Reasons for ranking Art. 318 Order of ranking Art. 319 320 notice art. 321 approval and remedies art. 322 resumption of the preliminary proceedings art. 323 principles art. Content of the indictment Art. 324 325. other information and proposals art. Notification of the indictment Art. 326 Lis pendens Art. 327 328 review of the charge, suspension and classification art. 329 preparation for the discussions of art. 330 fixation of the proceedings art. 331 debates preliminary art. 332 amendment and supplement of the article charge 333 divestiture art. Composition of the Court, Art. 334 335 accused, defence of office and mandatory defense art. 336 Department public art. 337 complainant and third art. 338 opening, questions and collateral matters art. 339 proceedings art. 340 auditions art. 341 split of the debates in both parties art. 342 of evidence art. 343 appreciation legal divergent art. 344 evidentiary proceedings art. Order of argument Art. 345 End of argument Art. 346 347 proceedings art. 348 further evidence art. 349 latitude in assessing the charge; foundations of judgment art. 350 pronouncement and notification of the judgment art. 351 conditions art. 352 content and notification of the criminal order art. 353 opposition art. 354 procedure in case of opposition art. 355 procedure before the Court of first instance art. 356 art. 357 principles art. 358 proceedings art. 359 indictment art. 360 debates art. 361 judgment or rejection art. 362 jurisdiction art. 363 procedure art. 364 decision art. 365 conditions art. 366 execution and rendering art. Request for new trial Art. 367 368 procedure art. 369 new judgment art. 370 report with the call art. 371 conditions and jurisdiction art. 372 procedure art. 373 conditions and procedure art. 374 pronounced art. 375 conditions art. 376 procedure art. Allocation to the injured party article 377 378 provisions applicable art. 379 decisions final or not subject to appeal art. 380 quality for use the Crown art. 381 quality for use in other parts of art. 382 provision of security art. 383 beginning of period art. 384 motivation and form art. 385 waiver and withdrawal art. 386 effect suspensive art. 387 orders made by the Director of proceedings and provisional measures art. 388 additional evidence art. 389 written procedure art. 390 decision art. 391 extension of the scope of application of decisions on appeal art. 392 admissibility and grounds of appeal art. 393 inadmissibility of the action art. 394 College appeal authority art. 395 form and period art. 396 procedure and decision art. 397 admissibility and grounds of appeal art. 398 announcement and statement of appeal art. 399 review prior art. 400 appeal art. 401 effect of appeal art. 402 introduction art. 403 scope of examination art. 404 procedure oral art. 405 written procedure art. 406 default of the parties art. 407 new judgment art. 408 cancellation and return art. 409 admissibility and grounds for review art. 410 form and period art. 411 prior and entry review art. 412 decision art. 413 new procedure art. Consequences of the new decision Art. 414 415 scope art. 416 costs resulting from flawed proceedings art. Participation of several persons and responsibility of third Art. 417 418 costs borne by irresponsible persons art. 419 action protest art. 420 decision on the fate of fees art. 421 definition art. 422 principles art. 423 calculation and fees art. 424 reprieve and returned art. 425 charges to the load of the accused and the parties in an independent procedure for measures art. 426 fees dependant of the complainant and the complainant art. 427 costs in the appeal proceedings art. 428 claims art. 429 reduction or refusal of compensation or compensation for moral harm art. 430 illegal coercive measures art. 431 claims against the complainant and the complainant art. 432 part complainant art. 433. third art. 434 prescription art. 435 compensation and compensation of moral harm in appeal proceedings art. 436 entry into force art. 437 determination of the entry into force art. 438 execution of sentences and measures art. 439 detention for reasons of security art. 440 prescription of worthwhile art. 441 enforcement decisions on the fate of the legal fees and other financial benefits art. 442 execution of decisions on civil claims art. 443 publications official art. 444 s. 445 repeal and amendment of law art. 446 s. coordinating amendments 447 law applicable art. 448 jurisdiction art. 449 proceedings of first instance art. 450 decisions subsequent independent judicial art. 451 procedure by default art. 452 decisions made before the entry into force of this code art. 453 decisions rendered after the entry into force of this code art. 454 opposition against criminal orders art. 455 procedures introduced by the complainant art. 456 art. 456a art. 457 RS 312.5 new ACT came into force Jan. 1. 2009 RS 322.1 State on January 1, 2016

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