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RS 312.0 Swiss Code of Criminal Procedure of 5 October 2007 (Code of Criminal Procedure, CPP)

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

Swiss Code of Criminal Procedure

(Code of Criminal Procedure, CPP)

5 October 2007 (State 1 Er January 2016)

The Swiss Federal Assembly,

See art. 123, para. 1, of the Constitution 1 , given the message of the Federal Council of 21 December 2005 2 ,

Stops:

Title 1 Scope and general principles

Chapter 1 Scope and administration of criminal justice

Art. 1 Scope of application

1 This Code governs the prosecution and judgment by the criminal authorities of the Confederation and the cantons of offences under federal law.

2 The procedural provisions of other federal statutes are reserved.

Art. 2 Administration of criminal justice

1 Criminal justice is administered only by the authorities designated by law.

2 Criminal proceedings can only be executed and terminated in the form prescribed by law.

Chapter 2 Principles of criminal procedure

Art. 3 Respect for dignity and fair trial

1 The criminal authorities respect the dignity of those involved in the proceedings, at all stages of the procedure.

2 In particular, they comply with:

A.
The principle of good faith;
B.
The prohibition of abuse of rights;
C.
The maxim that fair treatment and the right to be heard be guaranteed to all persons affected by the proceedings;
D.
The prohibition on the application of investigative methods which are prejudicial to human dignity.
Art. 4 Independence

1 The criminal authorities are independent in the application of the law and are subject only to the rules of law.

2 The jurisdiction to issue instructions (s. 14) provided for by law in respect of the criminal prosecution authorities is reserved.

Art. 5 Inherited

1 The criminal authorities commit the criminal proceedings without delay and carry them forward without undue delay.

2 When an accused person is detained, the procedure must be conducted as a matter of priority.

Art. 6 Maxime of the statement

1 The criminal authorities seek ex officio all relevant facts for the qualification of the act and the judgment of the defendant.

2 They shall give an equal treatment to the circumstances which may be at the expense and discharge of the accused.

Art. 7 The imperative character of the pursuit

1 The criminal authorities are obliged, within the limits of their powers, to open and conduct a procedure when they are aware of infringements or indications for the presumption of infringements.

2 The cantons may provide:

A.
To exclude or limit the criminal liability of members of their legislative and judicial authorities and of their government for statements made before the cantonal parliament;
B.
Order the authorisation of a non-judicial authority to open criminal proceedings against members of their executive or judicial authorities for crimes or offences committed in the performance of their duties.
Art. 8 Waiver of any criminal proceedings

1 The Public Prosecutor's Office and the courts waive any criminal prosecution where the federal law so provides, in particular where the conditions under s. 52, 53 and 54 of the Penal Code (CP) 1 Are completed.

2 They also waive the initiation of a criminal prosecution if there is no overriding interest from the complainant and:

A.
The offence is not of such a nature as to have any appreciable effect on the fixing of the penalty or the measure incurred by the accused due to the other offences charged;
B.
The sentence that should be imposed in addition to a penalty entered into force is likely to be insignificant;
C.
On the penalty for the offence prosecuted, a penalty of equivalent duration imposed abroad should be charged.

3 The Public Prosecutor's Office and the courts may waive the initiation of a criminal prosecution if there is no overriding interest by the complainant and the offence is already subject to prosecution by a foreign authority or Prosecution is delegated to such an authority.

4 In these cases, they make a non-entry or classification order.


Art. Charging Maxim

1 An offence may be the subject of a judgment only if the public prosecutor has filed with the competent court an indictment against a specified person on the basis of precisely described facts.

2 The procedure for the criminal order and the criminal procedure for ticketing is reserved.

Art. 10 Presumption of innocence and assessment of evidence

1 Every person is presumed innocent as long as she is not convicted by a judgment entered in force.

2 The court freely appreciates the evidence gathered according to the firm belief that it withdraws from the whole procedure.

3 Where there are insurmountable doubts as to the factual basis for a conviction, the court is based on the most favourable statement of fact to the defendant.

Art. 11 Prohibition of double prosecution

1 No person convicted or acquitted in Switzerland by a judgment entered into force may be prosecuted again for the same offence.

2 The resumption of proceedings terminated by an order of classification or non-entry in respect of the proceedings and the revision of the procedure shall be reserved.

Title 2 Criminal authorities

Chapter 1 Terms of Reference

Section 1 General provisions

Art. 12 Criminal prosecution authorities

The following are criminal prosecution authorities:

A.
The police;
B.
The public prosecutor;
C.
The criminal authorities responsible for ticketing.
Art. 13 Tribunals

Have judicial powers in criminal proceedings:

A.
The court for coercive measures;
B.
The court of first instance;
C.
The appeal authority;
D.
The court of appeal.
Art. 14 Name and organisation of criminal authorities

1 The Confederation and the cantons designate their criminal authorities and arrest the name.

2 They shall determine the manner in which the members of the criminal authorities shall be elected, as well as the composition, organization and powers of such authorities, unless these matters are dealt with exhaustively by this Code or other federal laws.

3 They may establish a first prosecutor or attorney general.

4 With the exception of the appellate authority and the appellate court, the Confederation and the cantons may establish several criminal authorities of the same type; they define jurisdiction over the place and subject matter.

5 They regulate the supervision of their criminal authorities.

Section 2 Criminal prosecution authorities

Art. 15 Police

1 In the field of criminal prosecution, the activities of the police, whether federal, cantonal or communal, are governed by this Code.

2 The police investigate infringements on its own initiative, on the denunciation of individuals or authorities as well as on the mandate of the public prosecutor; in this context, it is subject to the supervision and instructions of the Public Prosecutor's Office.

3 When a criminal case is pending before a court, the court may issue instructions and warrants to the police.

Art. 16 Public Prosecution

1 The Public Prosecutor's Office is responsible for the uniform exercise of public action.

2 It is incumbent upon him to conduct the preliminary proceedings, to prosecute the offences in the course of the investigation and, if necessary, to establish the indictment and to support the prosecution.

Art. 17 Criminal authorities responsible for ticketing

1 The Confederation and the cantons may delegate the prosecution and trial of tickets to administrative authorities.

2 Contraventions committed in connection with crimes or offences are prosecuted and prosecuted at the same time as the public prosecutor and the courts.

Section 3 Tribunals

Art. 18 Tribunal of Constraint Measures

1 The Court of Restraint Measures shall order pre-trial detention and detention on grounds of security and, if this is provided for in this Code, order or authorise further coercive measures.

2 The members of the coercive measures court cannot rule on the merits in the same case.

Art. 19 Court of First Instance

1 The Court of First Instance shall rule at first instance on all offences which do not fall within the competence of other authorities.

2 The Confederation and the cantons may provide for a single judge to decide at first instance on:

A.
Ticketing;
B.
Crimes and offences, with the exception of those for which the prosecutor requires a custodial sentence of more than two years, an internment within the meaning of s. 64 PC 1 , a treatment within the meaning of s. 59, para. 3, CP, or a deprivation of liberty for more than two years when a stay is revoked.

Art. Recourse authority

1 The appeal authority shall decide on appeals against acts of procedure and against decisions not subject to appeal by:

A.
Courts of first instance;
B.
The police, the public prosecutor and the criminal authorities responsible for ticketing;
C.
The court of constraint measures in the cases provided for in this Code.

2 The Confederation and the cantons may entrust the powers of appeal to the appellate court.

Art. Appeal Jurisdiction

1 The court of appeal shall decide on:

A.
Appeals against judgments rendered by the courts of first instance;
B.
Requests for Reconsideration.

2 The members of the appeal authority may not act in the same case as members of the appellate court.

3 The members of the appellate court may not rule in the same case.

Chapter 2 Physical Competence

Section 1 Delimitation of powers between the Confederation and the cantons

Art. Cantonal Jurisdiction

The cantonal criminal authorities are competent for the prosecution and prosecution of offences under federal law, subject to the exceptions provided for by law.

Art. Federal Jurisdiction in General

1 The following offenses to CP 1 Are subject to federal jurisdiction: 2

A. 3
The offences referred to in Titles 1 and 4 and in Art. 140, 156, 189 and 190, as they were committed against persons with special protection under international law, against the judges of the Confederation, against members of the Federal Assembly, against the prosecutor General Confederation or against the Deputy Prosecutors General of the Confederation;
B.
Offences referred to in s. 137 to 141, 144, 160 and 172 Ter , as they relate to the premises, archives and documents of diplomatic missions and consular posts;
C.
Hostage-taking (art. 185) to compel federal or foreign authorities;
D.
Crimes and offences referred to in s. 224 to 226 Ter ;
E.
The crimes and offences referred to in Title 10 concerning currencies, paper money or banknotes, as well as official value stamps or other official marks of the Confederation and the weights and measures;
F.
The crimes and offences referred to in Title 11, as federal securities, with the exception of transport titles and supporting documents for postal payments;
G. 4
Offences referred to in securities 12 Bis And 12 Ter And art. 264 K ;
H.
Offences referred to in s. 260 Bis As well as in Titles 13 to 15 and in Title 17, as they were committed against the Confederation, the federal authorities, against the popular will in the elections, votes, referendum requests or federal initiatives, or Against federal authority or justice;
I.
The crimes and offences referred to in Title 16;
J.
Offences under Titles 18 and 19 committed by a member of the federal authorities or by an employee of the Confederation or the offences committed against the Confederation;
K.
Ticketing under s. 329 to 331;
L.
Political crimes and offences that are the cause or consequence of disturbances that have caused an armed federal intervention.

2 The provisions of the special federal laws relating to the jurisdiction of the Federal Criminal Court are reserved.


1 RS 311.0
2 New content according to the c. I 3 of the LF of 18 June 2010 wearing mod. Of LF with a view to the implementation of the Rome Statute of the International Criminal Court, in force since 1 Er Jan 2011 ( RO 2010 4963 ; FF 2008 3461 ).
3 New content according to the c. II 7 of the annex to the PMQ of 19 March 2010 on the organisation of the criminal authorities, in force since 1 Er Jan 2011 ( RO 2010 3267 ; FF 2008 7371 ).
4 New content according to the c. I 3 of the LF of 18 June 2010 wearing mod. Of LF with a view to the implementation of the Rome Statute of the International Criminal Court, in force since 1 Er Jan 2011 ( RO 2010 4963 ; FF 2008 3461 ).

Art. 24 Federal Jurisdiction in Organized Crime, Terrorist Financing and Economic Crime

1 The offences referred to in s. 260 Ter , 260 D , 305 Bis , 305 Ter And 322 Ter To 322 Septies CP 1 As well as crimes that are the result of a criminal organization within the meaning of s. 260 Ter CP is also subject to federal jurisdiction where the punishable acts have been committed:

A.
For a dominant share outside Canada;
B.
In several cantons without there being any obvious predominance in one of them.

2 In the case of crimes referred to in Titles 2 and 11 CP, the Public Prosecutor's Office may open an instruction 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 has been seized of the case or the competent criminal prosecution authority has requested the resumption of proceedings by the Public Prosecutor's Office of the Confederation.

3 The opening of an instruction within the meaning of para. 2 bases federal jurisdiction.


Art. 25 Delegation of powers to the cantons

1 The Public Prosecutor's Office may delegate to the cantonal authorities the instruction and the judgment, exceptionally the sole judgment, of the criminal law cases under the jurisdiction of the federal court under s. 23, except for criminal cases referred to in s. 23, para. 1, let. G.

2 In simple cases, the Public Prosecutor's Office may also delegate to the cantonal authorities the investigation and prosecution of criminal cases under the jurisdiction of the federal court under s. 24.

Art. 26 Multiple Competence

1 Where the offence has been committed in several cantons or abroad, or where the author, joint authors or participants have their domicile or habitual residence in different cantons, the public prosecutor's office designates the A township that instructs and judges the offence.

2 Where a criminal law case falls within the jurisdiction of both the federal court and the cantonal court, the Public Prosecutor's Office may order the proceedings to be joined by the federal authorities or the cantonal authorities.

3 The jurisdiction established by para. 2 remains even if the part of the procedure which founded that jurisdiction is classified.

4 Where the delegation of the investigation and the judgment of a criminal case within the meaning of this Chapter takes into account, the public ministries of the Confederation and the cantons shall communicate the case before it; once The delegation has been decided, they shall communicate the case to the investigating authority and to try the infringement.

Art. 27 Competence to conduct initial investigations

1 Where there is a danger in the home and as long as the criminal authorities of the Confederation have not yet intervened, the cantonal authorities may conduct the police investigations and the investigation in cases within the jurisdiction Provided that they have had jurisdiction over the place in accordance with the provisions governing the forum. They shall without delay inform the Public Prosecutor's Office of the Confederation to which the case must be referred or submitted for a decision, according to Art. 25 or 26, as soon as possible.

2 In the case of offences which have been committed, in whole or in part, in several cantons or abroad and for which the jurisdiction of the Confederation or a canton is not yet determined, the criminal authorities of the Confederation may Conduct initial investigations.

Art. 28 Conflicts

The Federal Criminal Court rules conflicts of jurisdiction between the Public Prosecutor's Office and the cantonal criminal authorities.

Section 2 Jurisdiction in the case of competition for offences

Art. Principle of unity of procedure

1 The offences are prosecuted and considered jointly in the following cases:

A.
An accused has committed several offences;
B.
There are several co-authors or participation.

2 Where offences fall partly within the competence of the Confederation or have been committed in different cantons and by more than one person, s. 25 and 33 to 38 take precedence.

Art. Exceptions

If there are objective reasons for this, the public prosecutor and the courts may order the junction or disjunction of criminal proceedings.

Chapter 3 For

Section 1 Principles

Art. For the commission location

1 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 located only in Switzerland, the competent authority shall be that of that place.

2 If the offence has been committed or the result has taken place in different places, the competent authority shall be that of the place where the first acts of prosecution have been carried out.

3 If a defendant has committed several crimes, offences or offences in the same place, the proceedings shall be joined.

Art. 32 For offences committed abroad or in the event of uncertainty in the place of commission

1 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 defendant has his domicile or habitual residence is competent for prosecution and judgment.

2 If the defendant has no domicile or habitual residence in Switzerland, the competent authority shall be that of his place of origin; if he has no place of origin, the competent authority shall be that of the place where he was apprehended.

3 If the forum cannot be fixed according to paras. 1 and 2, the competent authority is that of the canton which has requested the extradition.

Section 2 Special places

Art. 33 For in case of involvement of several persons

1 Participants in an offence shall be prosecuted and tried by the prosecuting authority and shall judge the author.

2 If the offence has been committed by several co-authors, the competent authority shall be that of the place where the first acts of prosecution have been undertaken.

Art. 34 For offences committed in different places

1 Where the accused has committed several offences in different places, the authority of the place where the offence was committed with the most serious penalty shall be competent for the prosecution and judgment of all offences. If several offences are punished by the same penalty, the competent authority shall be that of the place where the first acts of prosecution have been carried out.

2 When at the time of the procedure for determining the for according to s. 39 to 42, an indictment for one of the offences concerned has already been laid down in one canton, the procedures are conducted separately.

3 Where a person has been sentenced by several courts to a number of similar penalties, the court which has handed down the most serious penalty, at the request of the convicted person, shall impose a general sentence.

Art. 35 For offences committed by the media

1 The authority of the place where the media company has its seat is competent to prosecute offences within the meaning of s. 28 PC 1 Committed in Switzerland.

2 If the author is known and 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 infringement shall be continued at the place where the first acts of prosecution have been undertaken. In the event of an infringement of a complaint, the complainant may choose between the two fors.

3 If the forum cannot be determined in accordance with paras. 1 and 2, the competent authority shall be that of the place where the product was distributed. If the dissemination has taken place in several places, the competent authority shall be that of the place where the first acts of prosecution have been undertaken.


Art. 36 For offences relating to the prosecution of debts and bankruptcies and offences committed within a company

1 The authority of the place where the debtor has his domicile or habitual residence or that of the place where the debtor has its registered office is competent to prosecute the offences referred to in s. 163 to 171 Bis CP 1 .

2 The authority of the place where the undertaking has its seat is competent to prosecute offences committed within an undertaking within the meaning of s. 102 CP. It is also competent where the same procedure for the same statement of fact is also directed against a person acting on behalf of the undertaking.

3 Where the forum cannot be fixed according to paras. 1 and 2, it is determined according to s. 31 to 35.


Art. For in case of confiscation independent of criminal proceedings

1 Forfeiture independent of criminal proceedings (art. 376 to 378) shall be carried out at the place where the objects or heritage values are to be confiscated.

2 Where objects or heritage values to be confiscated are in several cantons and have a connection with the same offence or with the same authors, the competent authority shall be that of the place where the first confiscation procedure is Opened.

Art. 38 Attaching another for

1 Public departments may agree on a forum other than that provided for in s. 31 to 37, where the predominant share of the criminal activity, the personal circumstances of the accused or other relevant reasons so require.

2 In order to guarantee the procedural rights of a party and after the indictment has taken place, the canton's appeal authority may, at the request of that party or ex officio, delegate the judgment to another competent court of the Canton, in derogation from the provisions of this chapter concerning fors.

Section 3 Procedure for determining the forum

Art. 39 Review of jurisdiction and agreement on the for

1 The criminal authorities shall verify ex officio if they are competent and, where appropriate, forward the case to the competent authority.

2 Where several authorities appear to have jurisdiction over the place, the relevant public ministries shall immediately communicate the essential elements of the case and shall agree as soon as possible on the forum.

Art. 40 Fors Conflicts

1 Conflicts of fors between the criminal authorities of the same canton shall be settled definitively by the first prosecutor or the public prosecutor, or, if they have not been instituted, by the authority of the appeals of that canton.

2 Where the criminal prosecution authorities of different cantons are unable to agree on the forum, the public prosecutor of the canton seized first of the case shall submit the matter without delay, and, in any case, before the indictment, to the Criminal Court Federal, which slice.

3 The competent authority for the forum may agree on a forum other than that provided for in art. 31 to 37 where the predominant share of the criminal activity, the personal circumstances of the accused or other relevant reasons so require.

Art. Challenge of the forum by the parties

1 When a party intends to challenge the jurisdiction of the authority in charge of the criminal procedure, it must immediately ask the latter to forward the case to the competent criminal authority.

2 The parties may attack within ten days, and in accordance with s. 40, before the competent authority, for the award of the forum by the public ministries concerned (Art. 39, para. 2). When public departments have agreed on another forum (art. 38, para. 1), only the party whose application within the meaning of para. 1 has been rejected may attack the decision.

Art. Common provisions

1 The criminal authority which has been seized first of the case, until the forum is definitively established, takes the measures which cannot be deferred. If necessary, the competent authority shall designate the authority which will be temporarily responsible for the case.

2 Those arrested shall be referred to the authorities of other cantons only at the time when the competence has been definitively established.

3 The for fixed according to Art. 38 to 41 can only be modified for new reasons and before the indictment.

Chapter 4 National legal aid

Section 1 General provisions

Art. 43 Scope and definition

1 The provisions of this Chapter shall apply to mutual legal assistance in criminal matters between the authorities of the Confederation and the cantons, in favour of public prosecutors, of the criminal authorities responsible for ticketing And the courts of the Confederation and the cantons.

2 They also apply to the police in so far as their activity is subject to the instructions of public prosecutors, the criminal authorities responsible for ticketing and the courts.

3 Direct judicial assistance in criminal matters between the police authorities of the Confederation and the cantons, as well as between the police authorities of the various cantons, is possible provided that it is not subject to coercive measures Whose delivery is reserved to the public prosecutor or the court.

4 Mutual legal assistance means any measure required by an authority under its jurisdiction in the context of a pending criminal procedure.

Art. 44 1 Obligation to grant mutual legal assistance

Federal and cantonal authorities are required to grant mutual legal assistance in the prosecution and prosecution of offences under federal law under this Code.


1 Erratum of the Ass CoR. Fed. November 10, 2014, published on Nov 25, 2014 ( RO 2014 4071 ).

Art. 45 Support

1 To the extent possible, the cantons shall make available to the criminal authorities of the Confederation and other cantons the premises necessary for the exercise of their official activity and the imprisonment of persons in pre-trial detention.

2 The cantons shall take the necessary measures to ensure the security of the official activity of the criminal authorities of the Confederation, at the request of the latter.

Art. Direct communication

1 Authorities communicate directly with each other 1 .

2 Requests for mutual legal assistance may be drawn up in the language of the requesting authority or in the language of the requested authority.

3 If the requesting authority does not know which authority is the competent authority, it shall address the request for mutual legal assistance to the highest authority of the public prosecutor's office of the required canton or of the Confederation. It shall forward it to the competent authority.


1 The territorially competent Swiss judicial authority for letters rogatory can be found online at: www.elorge.admin.ch

Art. Fees

1 Mutual legal assistance is free.

2 The Confederation reimburses the cantons for the costs of the support granted under Art. 45.

3 The costs incurred shall be announced to the requesting canton or to the Confederation so that they may be placed at the expense of the parties who are subject to the payment of costs.

4 The requesting canton or the Confederation pays the beneficiaries the allowances payable under the measures of mutual legal assistance.

Art. 48 Conflicts

1 Conflicts in the field of mutual legal assistance between the authorities of the same canton are finally settled by the authority of the canton.

2 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 Proceedings performed at the request of the Confederation or of another canton

Art. Principles

1 Public ministries and the courts of the Confederation and the cantons may request the execution of procedural acts by the criminal authorities of other cantons or of the Confederation. The requested authority does not consider the admissibility or proportionality of the pleadings requested.

2 The authorities of the requesting canton or of the Confederation are competent to deal with remedies against mutual legal assistance measures. Only the execution of the measure of mutual legal assistance can be challenged before the authorities of the required canton or of the Confederation.

Art. 50 Request for execution of constraint measures

1 The arrests requested by the applicant authority are the subject of a written mandate (Art. 208).

2 To the extent possible, the required authority shall bring those arrested before the competent authority within 24 hours.

3 Applications for other measures of restraint are briefly motivated. In urgent cases, motivation can be provided after the fact.

Art. Participation in pleadings

1 The parties, their legal counsel and the requesting authority may participate in the pleadings required, provided that this Code provides for it.

2 If participation is possible, the requested authority shall inform the requesting authority, the parties and their legal counsel of the time and place of execution of the procedural act.

Section 3 Proceedings in another canton

Art. Principles

1 The public ministries, the criminal authorities responsible for ticketing and the courts of the cantons and the Confederation are empowered to order and perform directly in another canton all pleadings within the meaning of the Code.

2 The public prosecutor of the canton where the act of procedure must be carried out shall be informed in advance. In urgent cases, he may be informed at a later date. No information is required for requests for information and production of parts.

3 The costs arising from the acts of procedure and the resulting indemnities shall be borne by the Canton carrying out or by the Confederation, which may place them at the expense of the parties, in accordance with Art. 426 and 427.

Art. Use of the police

If the requesting authority needs the support of the police to carry out an act of procedure, it shall send an application to the public prosecutor of the canton which is required; the latter shall grant the necessary warrants to the police of the place.

Chapter 5 International legal aid

Art. Applicability of this Code

This Code provides for the granting of international legal assistance and the mutual assistance procedure only to the extent that other federal laws or international agreements do not contain any provision in this respect.

Art. Jurisdiction

1 When a canton receives a request for international legal assistance, the public prosecutor of the canton in question is competent.

2 The courts may make requests for mutual legal assistance during the proceedings.

3 The powers of enforcement of sentences and measures are reserved.

4 Where federal law confers mutual legal assistance duties to a judicial authority, the appeal authority shall have jurisdiction.

5 The provisions on mutual legal assistance shall apply to cases in which the canton in charge of the execution of a request for foreign judicial assistance carries out acts of procedure in other cantons.

6 The cantons shall regulate the procedure.

Chapter 6 Harvesting

Art. 56 Reasons for recusal

Any person performing a function within a criminal authority shall be required to recuse himself:

A.
When it has a personal interest in the business;
B.
When acting in another capacity in the same cause, in particular as a member of an authority, legal counsel of a party, expert or witness;
C.
When married, lives under the registered partnership or leads a life of a couple with a party, with its legal counsel or with a person who has acted in the same cause as a member of the lower authority;
D.
When it is relative or combined with a party, in direct line or up to the third degree on a collateral line;
E.
When it is a relative or a direct line or to the second degree in a collateral line with the legal counsel of a party or a person who has acted in the same cause as a member of the lower authority;
F.
Where other grounds, such as a close friendship or enmity with a party or its legal counsel, are likely to render it suspicious of prevention.
Art. 57 Mandatory declaration

When a person performing a function within a criminal authority has a reason to recuse himself, he or she must report it in due course to the management of the procedure.

Art. Collation requested by a party

1 Where a party intends to request the recusal of a person performing a function within a criminal authority, the party must, without delay, submit to the management of the procedure an application to that effect, as soon as it becomes aware of the reason for the objection; The facts on which the application is based must be made plausible.

2 The person concerned shall take a position on the application.

Art. Decision

1 Where a ground for objection within the meaning of s. 56, let. A or f, is invoked or a person exercising a function within a criminal authority objects to the application for recusal of a party which is based on one of the grounds listed in s. 56, let. B to e, the dispute is settled without additional administration of evidence and definitively:

A.
By the public prosecutor, when the police are concerned;
B.
By the appeal authority, where the prosecuting authorities, the competent criminal authorities and the courts of first instance are concerned;
C.
By the court of appeal, where the appeal authority and the members of the appeal court are concerned;
D.
By the Federal Criminal Court where the whole of the appeal court is concerned.

2 The decision shall be in writing and shall be reasoned.

3 As long as the decision has not been rendered, the person concerned shall continue to perform his or her function.

4 If the application is allowed, the costs of the proceedings shall be borne by the Confederation or the canton. If it is rejected or is manifestly late or reckless, the costs shall be borne by the applicant.

Art. 60 Consequences of the breach of the provisions on recusal

1 Proceedings involving a person required to recuse shall be cancelled and repeated if a party so requests no later than five days after the person's knowledge of the reason for the recusal.

2 Non-renewable probationary measures may be taken into account by the criminal authority.

3 If a ground for objection is found only after the closure of the procedure, the provisions on the revision shall apply.

Chapter 7 Directorate of Procedure

Art. 61 Appointing Authority of the Procedure

The Appointing Authority of the Procedure (Directorate of Procedure) shall be:

A.
The Public Prosecutor's Office, up to the classification decision or the indictment;
B.
The criminal authority responsible for ticketing, in relation to a procedure for the enforcement of tickets;
C.
The President of the Court, in relation to proceedings before a collegial court;
D.
The judge, in the case of proceedings before a single judge.
S. 62 General Tasks

1 The Directorate of Procedure shall order the measures necessary for the proper conduct and legality of the procedure.

2 In proceedings before a collegial court, the management of the proceedings carries out all the functions which are not reserved to the court itself.

S. 63 Hearing Font

1 The management of the proceedings ensures the security, the serenity and the good order of the debates.

2 It may issue a warning to persons who disturb the conduct of the proceedings or violate the rules of propriety. In the event of a repeat offence, it may deprive them of the word, expel them from the courtroom and, if necessary, put them in the hands of the police until the end of the hearing. It can evacuate the courtroom.

3 It may require the assistance of the competent police at the place where the procedural act is carried out.

4 If a party is excluded from the hearing, the procedure is still ongoing.

Art. 64 Disciplinary measures

1 The management of the proceedings may impose a fine of at least 1000 francs for persons who disturb the conduct of the proceedings, who breach the rules of propriety or who do not comply with its injunctions.

2 The fines imposed by the public prosecutor and the courts of first instance can be appealed to the appeal authority within ten days. The latter takes a final decision.

Art. Challenge of court orders

1 Court orders can be challenged only with the final decision.

2 Orders made prior to the proceedings by the President of a collegiate tribunal may be amended or cancelled ex officio or upon application by the court.

Chapter 8 General Rules of Procedure

Section 1 Orality; language

Art. 66 Orality

The procedure before the criminal authorities shall be oral, unless this Code provides for the written form.

Art. 67 Procedure Language

1 The Confederation and the cantons determine the languages in which their criminal authorities conduct the proceedings.

2 The cantonal criminal authorities shall carry out all acts of procedure in these languages; the management of the procedure may authorise derogations.

Art. 68 Translations

1 The Directorate of Procedure shall use a translator or interpreter when a person participating in the proceedings does not understand the language of the proceedings or is unable to speak sufficiently well in that language. In the case of simple or urgent cases, such a measure may be waived, provided that the person concerned consents and the management of the proceedings and the person in the minutes are sufficiently proficient in the language of that person.

2 The essential content of the most important procedural acts shall be brought to the attention of the accused orally or in writing in a language which he understands, even if he is assisted by an advocate. No one shall have the right to full translation of all pleadings and documents in the file.

3 Documents which are not produced by the parties shall, if necessary, be translated in writing or orally; in the latter case, they shall be recorded in the Minutes.

4 The interrogation of a victim of an offence against sexual integrity must be translated by a person of the same sex as the victim if the victim so requires and the proceedings are not unduly delayed.

5 The provisions relating to experts (art. 73, 105 and 182 to 191) apply mutatis mutandis to translators and interpreters.

Section 2 Advertising

Art. 69 Principles

1 The proceedings before the Court of First Instance and the Court of Appeal and the oral notification of the judgments and decisions of those courts shall be public, with the exception of the proceedings.

2 Where, in these cases, the parties have waived a public hearing or a criminal order has been issued, interested persons may consult the judgments and the criminal orders.

3 Are not public:

A.
The preliminary procedure, the communications of the criminal authorities to the public being reserved;
B.
The procedure before the court for coercive measures;
C.
The proceedings before the appeal authority and, as it is conducted in writing, before the appeal court;
D.
The criminal order procedure.

4 Public debates are accessible to all, but persons under the age of sixteen must have the authorisation of the management of the procedure to attend.

Art. Restricting advertising of the hearing and in camera

1 The court may partially restrict the advertising of the hearing or order the in camera:

A.
Whether public safety and public order or the interests of protection of a person participating in the proceedings, including those of the victim, require it;
B.
In case of high attendance.

2 In the event of a closed session, the accused, the victim and the complainant may be accompanied by up to three persons of confidence.

3 The court may, on certain conditions, authorize judicial chroniclers and other persons justifying a legitimate interest to attend in camera proceedings within the meaning of para. 1.

4 Where the lock-up has been ordered, the court shall notify the judgment in public hearing or, if necessary, inform the public of the outcome of the proceedings in another appropriate form.

Art. Audio and Video Records

1 Audio and video recordings in the court building as well as recordings of procedural acts outside the building are not permitted.

2 Persons who violate s. 1 is liable to a fine in accordance with s. 64, para. 1. Unauthorized recordings may be confiscated.

Art. 72 Judicial Chronicle

The Confederation and the cantons may lay down rules on the admission of judicial chroniclers and their rights and duties.

Section 3 Maintenance of secrecy, public information, communications to authorities

Art. Obligation to keep secrecy

1 The members of the criminal authorities, their collaborators, as well as their appointed experts, remain silent on the facts which come to their knowledge in the course of their official activity.

2 The management of the proceedings may require the complaining party, other participants in the proceedings and their legal counsel, under the supervision of the penalty provided for in s. 292 CP 1 , to keep silent about the procedure and the persons involved, where the purpose of the procedure or a private interest requires it. This obligation must be limited in time.


S. 74 Public Information

1 The Public Prosecutor's Office and the courts and, with their consent, the police, may inform the public of a pending procedure when:

A.
The cooperation of the population is necessary for the elucidation of offences or the search for suspects;
B.
The population must be warned or tranquillised;
C.
Inaccurate information or rumours must be rectified;
D.
The specific scope of a case requires it.

2 The police may, on its own initiative, inform the public about accidents and infringements, without referring specifically to those involved.

3 Public information respects the principle of the accused's presumption of innocence, as well as the personality rights of the persons concerned.

4 In cases involving victims, the authorities and individuals are not empowered, outside a public hearing of a court, to disclose the identity of the victim or information enabling him or her to be identified only under one of the conditions Following:

A.
The cooperation of the population is necessary for the elucidation of crimes or the search for suspects;
B.
The victim or, if she has died, his or her relatives consent.
Art. 75 Information from authorities

1 If the accused executes a sentence or a measure, the criminal authorities shall inform the competent enforcement authorities of any new criminal proceedings and decisions.

2 Criminal authorities inform social services and tutelary authorities 1 Criminal proceedings instituted and decisions rendered, where the protection of the defendant, the injured person or that of their relatives so requires.

3 If, in the prosecution of offences involving minors, the criminal authorities find that further action is required, they shall promptly notify the tutelary authorities 2 .

4 The Confederation and the cantons may require or authorise the criminal authorities to make further communications to the authorities.


1 Since the entry into force of the PMQ of Dec. 2008 (Protection of the adult, the right of persons and the right of descent; RO 2011 725 ) On 1 Er Jan 2013: child protection authority.
2 Since the entry into force of the PMQ of Dec. 2008 (Protection of the adult, the right of persons and the right of descent; RO 2011 725 ) On 1 Er Jan 2013: child protection authority.

Section 4 Minutes

Art. 76 General provisions

1 The statements of the parties and the decisions of the authorities and all acts of procedure which are not carried out in the written form shall be recorded in the Minutes.

2 The minutes shall be recorded by the record clerk, the management of the procedure and, where appropriate, the translator or interpreter.

3 The Directorate of Procedure shall reply to the complete and accurate recording of all pleadings in the Minutes.

4 It may order that the pleadings be recorded in full or in part on the medium-sound or image medium, in addition to being recorded in writing. It shall inform the persons present in advance.

Art. 77 Minutes of Proceedings

The minutes of proceedings shall relate to all essential procedural documents and shall indicate in particular:

A.
The nature of the procedural act, the place, the date and the time;
B.
The names of the members of the authorities who are aware of the pleadings, the parties, their legal counsel and other persons present;
C.
The parties' conclusions;
D.
The fact that the persons heard have been informed of their rights and duties;
E.
The views of the persons being heard;
F.
The conduct of the proceedings, the orders made by the criminal authorities and the observance of the prescribed requirements;
G.
Evidence filed by participants in the proceedings or otherwise collected in the course of criminal proceedings;
H.
Decisions and their reasons, provided that a copy of the decisions is not paid separately to the file.
S. 78 Minutes of the hearings

1 The statements of the parties, witnesses, persons called upon to provide information and experts shall be recorded in the minutes of proceedings.

2 The minutes shall be written in the language of the proceedings; however, to the extent possible, the essential statements shall be recorded in the language used by the person to be heard.

3 The questions and the decisive answers are recorded verbatim in the minutes.

4 The direction of the proceeding may authorize the person to be heard to dictate his or her evidence.

5 At the end of the hearing, the minutes shall be read or given for reading to the person heard. After becoming aware, the person heard will sign at the bottom of the minutes and sign each page. If it refuses to read in its entirety or to sign the Minutes, the refusal and the reasons given shall be recorded in the Minutes.

5bis If, during the debates, a hearing is recorded by technical means, the court may waive the reading of the record to the person heard or give it to the person for reading and have it signed. Records must be placed on the record. 1

6 If the criminal authority proceeded to a hearing by videoconference, the oral statement of the person heard, according to which it took note of the minutes, shall be signed and initialled by the person. The statement was recorded in the minutes.

7 If the legibility of a written record is insufficient or if the statements have been recorded in shorthand, the text shall be put to the net without delay. The notes must be kept until the end of the procedure. 2


1 Introduced by ch. I 2 of the PMQ of 28. 2012 (Disp. Relating to the drafting of the minutes), in force since 1 Er May 2013 ( RO 2013 851 ; FF 2012 5281 5293).
2 New content according to the c. I 2 of the PMQ of 28. 2012 (Disp. Relating to the drafting of the minutes), in force since 1 Er May 2013 ( RO 2013 851 ; FF 2012 5281 5293).

Art. Rectification

1 The management of the proceedings and the minutes shall correct the manifest errors; they shall inform the parties.

2 The management of the procedure shall decide on requests for correction of the minutes.

3 The minutes and the direction of the proceedings shall authenticate the corrections, amendments, deletions and additions to the minutes. Content changes are made in such a way that the original text of the minutes remains legible.

Section 5 Pronounced

Art. 80 Shape

1 Those who decide on civil or criminal matters on the merits are in the form of judgments. Other decisions are in the form of decisions, when they come from a collegial authority, or from orders, when they are rendered by a single person. The provisions governing the procedure of the criminal order are reserved.

2 The speeches shall be made in writing and shall be reasoned. They shall be signed by the Directorate of Procedure and by the Verbal and shall be notified to the parties.

3 Decisions and simple orders of instruction shall not necessarily be drafted separately or be reasoned; they shall be recorded in the minutes and shall be notified to the parties in an appropriate manner.

Art. End Deliverer Content

1 Judgments and other decisions closing the proceedings shall contain:

A.
An introduction;
B.
A statement of reasons;
C.
A device;
D.
If they are subject to appeal, the indication of legal remedies.

2 The introduction contains:

A.
The designation of the criminal authority and of its members who have contributed to the delivery;
B.
The date of delivery;
C.
A sufficient designation of the parties and their legal counsel;
D.
In relation to a judgment, the final conclusions of the parties.

3 The statement of reasons contains:

A.
In a judgment, the assessment in fact and in law of the conduct complained of, as well as the reasons for the sanctions, the ancillary effects and the costs and allowances;
B.
In another closing statement, the grounds for the settlement of the procedure as envisaged.

4 The appliance contains:

A.
The designation of the legal provisions that have been applied;
B.
In a judgment, the pronouncement on the guilt and punishment, the costs, the allowances and any civil conclusions;
C.
In another closing statement, the order concerning the settlement of the proceedings;
D.
Subsequent judicial decisions;
E.
The delivery of ancillary effects;
F.
The designation of persons and authorities who receive a copy of the delivery or the device.
Art. Restrictions on the obligation to motivate

1 The court of first instance waives a written statement of reasons for judgment under the following conditions:

A.
Motivates the judgment orally;
B.
It does not give a custodial sentence of more than two years, of internment within the meaning of s. 64 PC 1 , treatment within the meaning of s. 59, para. 3, CP or deprivation of liberty for more than two years when a stay is revoked.

2 The court shall subsequently notify the parties of a reasoned judgment in the following cases:

A.
A part of the application within 10 days after notification of the operative part of the judgment;
B.
A party forms an appeal.

3 If the complaining party is the only party to request a reasoned judgment or to lodge an appeal, the judgment is based only to the extent that it concerns the conduct punishable by the complainant and the claims Of this one.

4 In the appeal proceedings, the court may, with regard to the assessment in fact and in law of the facts on which the accusation is made, refer to the statement of reasons of the lower authority.


Art. 83 Explanation and correction of the statements

1 The criminal authority which has made a pronouncer whose operative part is unclear, contradictory or incomplete or which contradicts the statement of reasons, explains it or rectifies it at the request of a party or ex officio.

2 The application shall be made in writing and shall indicate the disputed passages and, where appropriate, the desired modifications.

3 The criminal authority shall give the other parties an opportunity to rule on the application.

4 The corrected or explained delivery is communicated to the parties.

Section 6 Notification and communication of the statements

Art. 84 Notification of pronounced

1 If the proceedings are public, the court shall, orally, notify its judgement of the outcome of the deliberation and shall briefly explain it.

2 It shall deliver the judgment to the parties at the end of the proceedings or shall notify the parties within five days.

3 Where the court is unable to render its judgment immediately, it shall do so as soon as possible and shall notify it at a subsequent hearing. If, in this case, the parties waive the public pronouncement of the judgment, the court shall notify the court of the judgment as soon as the judgment is delivered.

4 If the court is to give reasons for its judgment in writing, it shall, within 60 days, in exceptional cases within 90 days, notify the defendant and the public prosecutor of the reasoned judgment and shall notify the other parties only of the passages of the judgment which Refer to their conclusions.

5 The criminal authority shall notify the parties orally or in writing of the decisions or simple orders of instruction.

6 The decisions shall be communicated to the other authorities designated by federal law and cantonal law; decisions on appeals shall also be communicated to the lower authority and the decisions entered into force shall, if necessary, be made to the authorities And criminal record authorities.

Art. 85 Form of communications and notifications

1 Unless otherwise provided in this Code, communications from the criminal authorities shall be notified in writing.

2 The criminal authorities shall notify their decisions by signature or by any other means of communication involving an acknowledgement of receipt, in particular through the police.

3 The delivery shall be deemed to have been notified when it has been delivered to the addressee, to one of its employees or to any person over the age of sixteen living in the same household. The directives of the criminal authorities concerning a communication to be addressed personally to the addressee are reserved.

4 The delivery is also deemed to have been notified:

A.
When, by letter signed, it was not withdrawn within seven days of the unsuccessful attempt to surrender the cover, if the person concerned had to expect such a discount;
B.
When, personally notified, it was refused and the refusal was duly noted on the same day by the person responsible for delivering the ply.
Art. 86 Electronic Notification

Any communication may be notified by electronic means if the person concerned consents.

Art. Notification domicile

1 Any communication must be notified in the home, place of habitual residence or at the consignee's seat.

2 The parties and their counsel who have their domicile, habitual residence or head office abroad are obliged to designate a domicile of notification in Switzerland; the international instruments providing for the possibility of direct notification are Reserved.

3 If the parties are provided with legal advice, communications shall be validly notified to the latter.

4 When a party is required to appear personally at a hearing or to carry out an act of procedure itself, the communication is notified to the party directly. In such a case, a copy shall be sent to its legal counsel.

Art. Official publication

1 The notification shall take place in the Official Sheet designated by the canton or the Confederation:

A.
Where the place of stay of the consignee is unknown and could not be determined in spite of the research that may reasonably be required;
B.
Where notification is impossible or possible only with a disproportionate approach;
C.
Where a party or its counsel has not designated a domicile of notification in Switzerland, when they have their domicile, habitual residence or registered office abroad.

2 The notification shall be deemed to have taken place on the day of its publication.

3 Only the operative part of the closing statements is published.

4 Classification orders and criminal orders are deemed to be notified even in the absence of a publication.

Section 7 Time Limits and Terms

Art. 89 General provisions

1 The statutory deadlines cannot be extended.

2 The criminal procedure does not have a judicial holiday.

Art. Computation of Time Limits

1 The time limits set in days begin to run on the day following their notification or the event that triggers them.

2 If the last day of the period is a Saturday, a Sunday or a holiday under federal or cantonal law, the period expires on the first working day following. The decisive cantonal law is that of the canton where the party or its representative has its domicile or its seat. 1


1 New content according to the c. II 7 of the annex to the PMQ of 19 March 2010 on the organisation of the criminal authorities, in force since 1 Er Jan 2011 ( RO 2010 3267 ; FF 2008 7371 ).

Art. 91 Timeliness Observation

1 The time limit shall be deemed to be complied with if the act of procedure is carried out with the competent authority on or before the last day of the period.

2 Written submissions must be submitted no later than the last day of the period to the criminal authority, the Swiss Post Office, a Swiss consular or diplomatic representation or, in the case of detained persons, to the management of the institution.

3 In case of transmission by electronic means, the time limit shall be deemed to be observed when the computer system of the criminal authority has confirmed its receipt by electronic means no later than the last day of the period.

4 The time limit shall also be deemed to have been complied with if the writing reaches no later than the last day of the deadline to a non-competent Swiss authority. The latter shall forward the letter without delay to the competent criminal authority.

5 A payment to the criminal authority shall be made within the prescribed period when the amount is paid in favour of the criminal authority to the Swiss Post or debited from a bank or postal account in Switzerland on the last day of the period at the latest.

Art. 92 Extension of time limits and deferment of terms

The authorities may extend the time limits or adjourn the terms they have fixed, ex officio or upon request. The application must be submitted before the expiry of the time limit and must be sufficiently reasoned.

Art. 93 Defect

A party is failing if it does not perform a procedural act on time or does not attend the scheduled hearing.

Art. 94 Check-in

1 A party may request the return of the time limit if it has been prevented from observing it and is thereby exposed to substantial and irreparable damage; it must, however, make it likely that the fault is not attributable to any fault of its Part.

2 The application for a refund, duly substantiated, must be sent in writing within 30 days from the day on which the impediment ceased, to the authority to which the act of procedure should have been carried out. The omitted act of procedure shall be repeated within that period.

3 The application for restitution shall have suspensory effect only if granted by the competent authority.

4 The criminal authority shall render its decision on the application in writing.

5 The s. 1 to 4 shall apply mutatis mutandis to non-compliance with a term. If the request for restitution is accepted, the management of the procedure sets a new term. The default procedure provisions are reserved.

Section 8 Data processing

Art. 95 Collecting personal data

1 Personal data may be collected directly from the data subject or recognisable to the person concerned, unless the procedure is put at risk or the result is a disproportionate amount of work.

2 If personal data are collected without the knowledge of the data subject, the data subject must be informed without delay. The authority may waive this information or adjourn it if it is required by overriding public or private interest.

Art. 96 Disclosure and use of data in proceedings pending

1 The criminal authority may disclose personal data relating to a pending criminal procedure in order to allow their use in another pending procedure where it is reasonable to assume that such data will contribute in a significant way Measure to clarify the facts.

2 Are reserved:

A.
Art. 11, 13, 14 and 20 of the Federal Act of 21 March 1997 establishing measures for the maintenance of internal security 1 ;
B.
The provisions of the Federal Act of 13 June 2008 on the police information systems of the Confederation 2 ;
C.
The provisions of the Federal Act of 7 October 1994 on the Central Criminal Police Offices of the Confederation 3 . 4

1 RS 120
2 RS 361
3 RS 360
4 New content according to the c. I 1 let. A of Annex 2 to the PMQ of 13 June 2008 on the police information systems of the Confederation, in force since 1 Er Jan 2011 ( RO 2008 4989 ; FF 2006 4819 ).

Art. 97 Right to information in proceedings pending

As long as the proceedings are pending, the parties and other participants in the proceedings may, within the limits of their right to consult the file, obtain the data concerning them.

Art. 98 Data Rectification

1 The competent criminal authorities shall rectify the inaccurate personal data without delay.

2 They shall promptly inform the authorities to whom inaccurate data have been communicated that they have been rectified.

Art. Treatment and retention of personal data after the closure of the procedure

1 After the closure of the procedure, data processing, procedure and legal channels are governed by the federal and cantonal data protection provisions.

2 The length of time during which the personal data must be kept after the closure of the procedure is governed by Art. 103.

3 The provisions of this Code, of the Federal Law of 13 June 2008 on the Police Information Systems of the Confederation 1 And the Federal Law of 7 October 1994 on the Central Criminal Police Offices of the Confederation 2 Relating to documents containing identifying data and DNA profiles are reserved. 3


1 RS 361
2 RS 360
3 New content according to the c. I 1 let. A of Annex 2 to the PMQ of 13 June 2008 on the police information systems of the Confederation, in force since 1 Er Jan 2011 ( RO 2008 4989 ; FF 2006 4819 ).

Section 9 Record Keeping, Consultation and Retention

Art. 100 Record Keeping

1 A case file is established for each criminal case. It contains:

A.
The minutes of proceedings and the minutes of the hearings;
B.
Documents collected by the criminal authority;
C.
Parts paid by the parties.

2 The procedure management maintains an index of the parts; in simple cases, it can give up.

Art. 101 Consultation of cases in the context of a pending procedure

1 The parties may consult the file of a pending criminal procedure, at the latest after the first hearing of the accused and the administration of the main evidence by the public prosecutor; s. 108 is reserved.

2 Other authorities may consult the case when they need it to deal with civil, criminal or administrative proceedings pending, and if there is no overriding public or private interest.

3 Third parties may consult the file if they assert a scientific interest or other interest worthy of protection for this purpose and no overriding public or private interest is opposed.

Art. 102 Terms and Conditions for Application for Consultation of Files

1 The management of the procedure shall decide on the consultation of the files. It takes the necessary measures to prevent abuse and delays and to protect legitimate interests in maintaining secrecy.

2 The files shall be consulted at the headquarters of the criminal authority concerned or, by mutual legal assistance, at the headquarters of another criminal authority. As a general rule, they are provided to other authorities and to the legal counsel of the parties.

3 Any person authorized to consult the file may request a copy against payment of a fee.

Art. 103 Retention of records

1 The files shall be kept at least until the expiry of the time limits for criminal proceedings and the sentence.

2 The original documents which have been placed on the file shall be returned to the entitled persons against acknowledgement of receipt as soon as the criminal case is the subject of a decision entered in force.

Title 3 Parties and other participants in the proceedings

Chapter 1 General provisions

Section 1 Definition and status

Art. 104 Parties

1 Have the quality of party:

A.
The accused;
B.
The complainant;
C.
The public prosecutor's office, during the debates or in the appeal procedure.

2 The Confederation and the cantons may recognise the quality of party, with all rights or limited rights, to other authorities responsible for safeguarding public interests.

Art. 105 Other participants in the procedure

1 Also involved in the procedure are:

A.
Injured;
B.
Persons who report offences;
C.
Witnesses;
D.
Persons who are required to provide information;
E.
Experts;
F.
Third parties affected by procedural acts.

2 When participants in the procedure referred to in para. 1 are directly affected in their rights, the quality of the party is recognized to the extent necessary to safeguard their interests.

Art. 106 Ability to sue

1 A party may validly carry out procedural acts only if it has the exercise of civil rights.

2 A person who does not exercise civil rights is represented by his or her legal representative.

3 A person who does not exercise civil rights but who is capable of discernment may exercise his or her procedural rights of a strictly personal nature, even against the advice of his or her legal representative.

Art. 107 Right to be heard

1 A party has the right to be heard; as such, it may:

A.
Consult the file;
B.
Participating in procedural acts;
C.
Be assisted by a legal counsel;
D.
Deciding on the cause and procedure;
E.
File proposals for the means of evidence.

2 The criminal authorities draw the parties' attention to their rights when they are not paid in the legal field.

S. 108 Restriction of the right to be heard

1 The criminal authorities may restrict the right of a party to be heard:

A.
Where there is good reason to suspect that the party is abusing its rights;
B.
Where necessary to ensure the safety of persons or to protect public or private interests in the maintenance of secrecy.

2 The legal advice of a party can only be subject to restrictions as a result of its conduct.

3 Restrictions shall be limited temporarily or to specified procedural acts.

4 As long as the reason for the restriction remains, the criminal authorities cannot base their decisions on documents to which a party has not had access only if it has been informed of their essential content.

5 Where the reason for the restriction disappears, the right to be heard must be granted in an appropriate form.

Section 2 Proceedings of the parties

S. 109 Queries

1 Subject to specific provisions of this Code, parties may, at any time, submit requests to the Directorate of Procedure.

2 The Directorate of the Procedure reviews the motions and gives the other parties an opportunity to determine.

Art. 110 Shape

1 The parties may file a written or oral motion, the oral motions being recorded in the minutes. Written requests must be dated and signed.

2 In the case of electronic transmission, the request shall be provided with a valid electronic signature. The Federal Council determines the format of the transmission. The criminal authority may require the request to be addressed to it later on paper.

3 Moreover, the pleadings of the parties are not subject to any form condition unless this Code provides otherwise.

4 The direction of the proceedings may return an unreadable, incomprehensible, unseeming or verbose request to the sender, by providing it with a time limit to correct it and by warning that the request will not be taken into account.

Chapter 2 Planned

S. 111 Definition

1 A person who, as a result of a denunciation, a complaint or an act of procedure carried out by a criminal authority, is suspected, prevented or charged with an offence.

2 Any person against whom the proceedings are resumed after a classification order or a judgment within the meaning of s. 323 or art. 410 to 415 has the rights and obligations of an accused.

Art. 112 Criminal procedure against the enterprise

1 In the case of criminal proceedings against the undertaking, the latter shall be represented by a single person who must be authorised to represent the undertaking in civil matters without any restriction.

2 If, at the end of a reasonable period, the undertaking has not appointed such a representative, the management of the procedure shall designate the person who, among the persons having the capacity to represent the undertaking in civil matters, will represent the undertaking in the Criminal procedure.

3 If a criminal investigation is open for the same facts or for related facts against the person who represents the undertaking in the criminal proceedings, the undertaking must appoint another representative. If necessary, the Directorate of Procedure shall designate another representative within the meaning of para. 2 or, failing that, a qualified third party.

4 If a criminal investigation is open for the same facts or for related facts as against a natural person as well as a company, the proceedings may be joined.

Art. 113 Status

1 The accused does not have an obligation to file against himself. In particular, it has the right to refuse to file and refuse to cooperate in the proceedings. It is, however, required to comply with the coercive measures provided for by law.

2 The proceedings are continued even if the accused refuses to cooperate.

Art. 114 Ability to participate in debates

1 The accused is able to take part in the debates if he is physically and mentally fit to follow them.

2 If the accused is temporarily unable to take part in the proceedings, proceedings which do not suffer the postponement shall be carried out in the presence of his defence counsel.

3 If the accused is permanently unable to take part in the proceedings, the proceedings shall be suspended or closed. The special provisions governing the procedure against irresponsible defendants are reserved.

Chapter 3 Boring, Victim and Complainant

Section 1 Leased

Art. 115

1 An injured person is any person whose rights have been directly affected by an offence.

2 Persons who have standing to file a criminal complaint are still considered to be injured.

Section 2 Victim

Art. 116 Definition

1 The victim is the injured person who, because of an offence, has suffered direct harm to his or her physical, psychological or sexual integrity.

2 Relatives of the victim include the victim's spouse, children, father and mother, and other persons with similar links.

Art. Status

1 The victim has special rights, including:

A.
The right to protection of the personality (art. 70, para. 1, let. A, 74, para. 4, and 152, para. 1);
B.
The right to be accompanied by a person of trust (art. 70, para. 2, and 152, para. 2);
C.
The right to protection measures (art. 152 to 154);
D.
The right to refuse to testify (s. 169, para. 4);
E.
The right to information (art. 305 and 330, para. 3);
F.
The right to a particular composition of the court (art. 335, para. 4).

2 Where the victim is under the age of 18, special provisions for the protection of his or her personality shall apply, in particular those which:

A.
Restrict the possibility of confrontation with the accused (art. 154, para. 4);
B.
Subject the victim to special protection measures at the hearings (Art. 154, para. 2 to 4);
C.
Allow the procedure to be classified (Art. 319, para. 2).

3 Where the relatives of the victim are in civil proceedings against the defendants, they shall enjoy the same rights as the victim.

Section 3 Complainant

Art. 118 Definition and conditions

1 The complainant is the injured party who expressly declares that he wishes to participate in the criminal procedure as a plaintiff in criminal or civil proceedings.

2 A criminal complaint is equivalent to such a statement.

3 The declaration must be made before a criminal prosecution authority before the closing of the preliminary proceedings.

4 If the injured party has not made a spontaneous declaration, the public prosecutor shall draw his attention to the opening of the preliminary procedure on his right to do so.

S. 119 Form and content of the declaration

1 The injured party may make a written or oral statement, with oral statements recorded in the minutes.

2 In the declaration, the injured person may, cumulatively or alternatively:

A.
Request the prosecution and conviction of the person criminally responsible for the offence (criminal complaint);
B.
To draw civil conclusions from the infringement (civil action) by accession to the criminal procedure.
Art. 120 Waiver and withdrawal

1 The injured person may, at any time, declare in writing or orally that he renounces his or her rights; the oral statement shall be recorded in the minutes. The waiver is final.

2 If the waiver has not been expressly restricted to the criminal or civil aspects, it applies to both the criminal complaint and the civil action.

Art. 121 Transmission of rights

1 If the injured person dies without giving up his procedural rights, they shall pass on to his or her relatives within the meaning of s. 110, para. 1, PC 1 , in the order of succession.

2 The person who is subrogated by the law to the rights of the injured party is entitled only to initiate a civil action and can claim only procedural rights which relate directly to the civil claim.


Section 4 Civil action

Art. 122 General provisions

1 As a complainant, the injured party can claim civil conclusions drawn from the infringement by accession to the criminal procedure.

2 The same right belongs to the relatives of the victim, in so far as they argue against the defendant of the proper civil conclusions.

3 Civil action shall become pending as soon as the aggrieved party has made a civil claim under s. 119, para. 2, let. B.

4 If the complaining party withdraws its civil action before the close of the first instance debates, it can again draw its civil conclusions through civil action.

Art. 123 Calculation and Motivation

1 To the extent possible, the complainant encrypses its civilian findings in its declaration under s. 119 and gives reasons in writing, citing the means of evidence which it intends to rely on.

2 The calculation and motivation of the civilian findings must be presented at the latest during the pleadings.

Art. 124 Jurisdiction and procedure

1 The court seised of the criminal case determines the civilian findings independently of their disputed value.

2 The accused must be able to express himself on the civilian findings, at the latest in the debates at first instance.

3 If the accused acquiesce in the civilian findings, his statement must be recorded in the minutes and found in the final decision.

Art. 125 Security for expenditure occasioned by civil conclusions

1 The complaining party, except in the case of a victim, shall provide to the accused, upon request, security rights for the estimated expenditure incurred by the civil claim if:

A.
It has no domicile or seat in Switzerland;
B.
It appears insolvent, in particular when it has been declared bankrupt, a reprieve is in progress or there is an act of default on property;
C.
There is reason to fear that the accused's claim will be significantly endangered or lost.

2 The management of the court proceedings shall take a final decision on the application. It shall determine the amount of security rights and shall fix the time limit in which they are to be provided.

3 Security rights may consist of a deposit of cash or a guarantee provided by a bank or insurance company established in Switzerland.

4 They can be later increased, decreased, or canceled.

Art. Decision

1 The court shall also rule on the civil conclusions presented:

A.
In making a finding of guilt against the accused;
B.
When it pays the accused and the state of fact is sufficiently established.

2 He referred the complainant to the civil action:

A.
When the criminal proceedings are closed or closed by the criminal order procedure;
B.
Where the complainant has not quantified his or her findings in a sufficiently precise or sufficiently reasoned manner;
C.
Where the complainant does not provide security in coverage of the accused's claims;
D.
When the accused is acquitted while the condition has not been sufficiently established.

3 In the event that the full judgment of the civilian findings would require a disproportionate amount of work, the court can only deal with them in principle and, for the remainder, refer the complainant to act in the civil direction. The low-value claims are, to the extent possible, determined by the court itself.

4 In cases involving victims, the court may first decide on the issue of guilt and the criminal aspect; the direction of the proceedings acting as a single judge shall then decide on the civilian findings independently of Their disputed value, after further discussion between the parties.

Chapter 4 Legal Council

Section 1 Principles

Art. 127

1 The accused, the complainant and the other participants in the proceedings may be assisted by a legal counsel to defend their interests.

2 A party may be assisted by a number of legal counsel, provided that the procedure is not unduly delayed. In such cases, it shall designate among them a principal representative who is entitled to carry out acts of representation before the criminal authorities and whose address is designated as the sole domicile of notification.

3 Within the limits of the law and the rules of its profession, a legal counsel may defend the interests of several participants in the procedure in the same procedure.

4 The parties may choose for legal advice any person who is trustworthy, enjoys civil capacity and has a good reputation; the law on lawyers is reserved.

5 The defence of the defendants is reserved for lawyers who, under the law of 23 June 2000 on lawyers 1 , are entitled to represent the parties before the courts; the contrary provisions of the cantonal law on representation in proceedings relating to ticketing are reserved.


Section 2 Defender

S. 128 Status

The defender shall, within the limits of the law and the rules of his profession, be obliged only by the interests of the accused.

Art. 129 Private Defense

1 In all criminal proceedings and at any stage thereof, the accused has the right to charge a legal counsel within the meaning of s. 127, para. 5 (private defence) or, subject to s. 130, to defend oneself.

2 The exercise of private defence requires a written power of attorney or a statement of the accused recorded in the minutes.

Art. 130 Required Defence

The accused must have an advocate in the following cases:

A.
Pre-trial detention, including the duration of the provisional arrest, exceeded 10 days;
B.
It incurs a custodial sentence of more than one year or a deprivation of liberty measure;
C.
Because of its physical or psychological state or for other reasons, it cannot sufficiently defend its interests in the proceedings and its legal representatives are not in a position to do so;
D.
The public prosecutor intervenes personally before the court of first instance or the court of appeal;
E.
A simplified procedure (Art. 358 to 362) is implemented.
Art. 131 Implementation of mandatory defence

1 In the case of compulsory defence, the management of the procedure provides for the defendant to be assisted immediately by an advocate.

2 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 Statement.

3 The evidence before a defender has been appointed, even though the need for a defence should have been recognised, can only be exploited if the accused renounces his administration.

S. 132 Office Defense

1 The Directorate of Procedure shall order an ex officio defence:

A.
In the case of compulsory defence:
1.
If the accused, despite the invitation of the management of the proceedings, does not appoint a private defender,
2.
If the warrant is withdrawn from the private defender or the private defender has declined the warrant and the accused has not appointed a new defence counsel within the time limit;
B.
If the accused does not have the necessary means and the assistance of an advocate is justified in order to safeguard his interests.

2 The defence of an Office for the purpose of protecting the interests of the accused is justified in particular when the case is not of little gravity and presents, in terms of facts or law, difficulties which the accused alone could not overcome.

3 In any case, a case is not of a minor nature when the accused is liable to a custodial sentence of more than four months, a pecuniary penalty of more than 120 days' fine or a work of general interest of more than 480 Hours.

Art. 133 Designation of the Office Defender

1 The ex officio defender shall be appointed by the competent procedure Directorate at the relevant stage.

2 When appointing the ex officio defender, the management of the procedure takes into account the wishes of the accused to the extent possible.

Art. 134 Revocation and replacement of the ex officio defender

1 If the cause of the ex officio defence disappears, the management of the procedure shall revoke the appointment of the appointed defender.

2 If the relationship of trust between the defendant and the ex officio defender is seriously disrupted or if an effective defence is no longer guaranteed for other reasons, the Directorate of Procedure entruss the defence of its own motion to another person.

Art. 135 Indemnification of the Statutory Defender

1 The ex officio defender shall be compensated in accordance with the tariff of the lawyers of the Confederation or the canton of the court for the trial.

2 The public prosecutor or the court which decides on the merits shall determine the compensation at the end of the proceedings.

3 The ex officio defender may use:

A.
Before the appeal authority, against the decision of the public prosecutor and the court of first instance fixing the compensation;
B.
Before the Federal Criminal Court, against the decision of the appeal authority or the court of appeal of the canton setting the compensation.

4 When the accused is ordered to bear the costs of the proceedings, he shall be obliged to repay as soon as his financial situation permits:

A.
The Confederation or the Canton of Honourary Costs;
B.
The defender the difference between his compensation as a designated defender and the fees that he would have received as a private defender.

5 The claim of the Confederation or the canton shall be limited to ten years from the day on which the decision is entered into force.

Section 3 Free legal assistance for the complainant

Art. 136 Conditions

1 The Directorate of Procedure grants legal assistance to the complainant in full or in part to enable it to assert its civil claims, under the following conditions:

A.
The complainant is indigent;
B.
Civil action does not seem doomed to failure.

2 Legal assistance includes:

A.
Exemption from advances in fees and security rights;
B.
Exemption from processing fees;
C.
The appointment of a free legal counsel, when required by the defence of the interests of the complainant.
Art. 137 Designation, revocation and replacement

Art. 133 and 134 shall apply mutatis mutandis to the appointment, revocation and replacement of the free legal advice.

Art. 138 Indemnification and Support of Costs

1 Art. 135 shall apply mutatis mutandis to the indemnification of the free legal counsel; the final decision concerning the payment of the fees of the free legal counsel and the costs of the pleadings for which the complainant Has been exempted from providing an advance is reserved.

2 When the defendant is ordered to pay costs to the complainant, they shall return to the Confederation or the canton to the extent of the expenses for free legal assistance.

Title 4 Means of Evidence

Chapter 1 General provisions

Section 1 Administration and Operations

Article 139 Principles

1 The criminal authorities shall implement all means of legal evidence which, according to the state of scientific knowledge and experience, are capable of establishing the truth.

2 There is no need to administer evidence on facts that are not relevant, well known, known to the criminal authority or already sufficiently proven.

Art. 140 Methods of administration of prohibited evidence

1 The means of restraint, the use of force, threats, promises, deception and the means to restrict intellectual faculties or the free will are prohibited in the administration of evidence.

2 These methods are prohibited even if the person concerned has consented to their implementation.

Art. 141 Exploitation of illegally obtained evidence

1 Evidence administered in violation of s. 140 are in no way exploitable. The same applies when this Code provides that evidence is not exploitable.

2 Evidence which has been administered in an unlawful manner or in violation of the rules of validity by the criminal authorities is not exploitable, unless their exploitation is essential for the elucidation of serious infringements.

3 Evidence that has been administered in violation of order of order is actionable.

4 If a means of evidence is collected through non-actionable evidence within the meaning of para. 2, it is not exploitable when it could not have been collected without the administration of the first evidence.

5 The documents relating to the means of non-actionable evidence must be removed from the criminal record, kept separate until the final closure of the proceedings and then destroyed.

Section 2 Hearings

Art. 142 Competent criminal authorities for hearings

1 The hearings are carried out by the public prosecutor, the criminal authorities responsible for ticketing and the courts. The Confederation and the cantons determine the extent to which the staff of these authorities can hold hearings.

2 The police can hear the defendants and the people who are called upon to give information. The Confederation and the cantons may designate the members of the police forces who are empowered to hear witnesses on the mandate of the Public Prosecutor's Office.

Art. 143 Execution of the hearing

1 At the beginning of the hearing, the comparison, in a language of the hearing, is:

A.
Questioning his/her identity;
B.
Informed of the purpose of the procedure and of the quality in which it is heard;
C.
Fully informed of its rights and obligations.

2 Compliance with the provisions of para. 1 shall be recorded in the Minutes.

3 The criminal authority may conduct further research on the identity of the comparison.

4 It invites the comparison to be expressed on the subject matter of the hearing.

5 It endeavours, through clear questions and injunctions, to obtain complete declarations and to clarify contradictions.

6 The comparison makes his statements of memory. However, with the agreement of the management of the proceedings, it may file on the basis of written documents; these documents shall be placed on file at the end of the hearing.

7 Mutes and hearing impaired persons are interviewed in writing or with the assistance of a qualified person.

Art. Hearing by video conference

1 The public prosecutor or the competent court may order a hearing by videoconference if the person to be heard is unable to appear personally or can appear only at the cost of disproportionate action.

2 The hearing is recorded on a medium preserving sound and image.

Art. 145 Written reports

The criminal authority may, in lieu of a hearing or in addition to the hearing, invite the comparison to submit a written report on its findings.

Art. 146 Hearing of several persons and confrontations

1 The comparators are heard separately.

2 The criminal authorities may confront persons, including those who have the right to refuse to file. The victim's special rights are reserved.

3 They can force the comparators who, after the hearings, will probably have to be confronted with other people to remain in the place of the debates until their confrontation.

4 The Directorate of Procedure may temporarily exclude a person from the proceedings in the following cases:

A.
There is collision of interest;
B.
That person still has to be heard in the proceedings as a witness, a person called to give information or an expert.

Section 3 Right to Participate in the Administration of Evidence

Art. 147 In general

1 The parties have the right to assist in the administration of the evidence by the prosecution and the courts and to ask questions to the comparators. The presence of defenders during police interrogations is governed by art. 159.

2 Those who assert their right to participate in the proceedings may not require the administration of evidence to be adjourned.

3 A party or its legal counsel may request that the administration of evidence be repeated where, on imperative grounds, the legal counsel or the unrepresented party has not been able to take part. Such repetition may be waived where it would entail disproportionate costs and procedures and the right of the parties to be heard, in particular the right to ask questions to the comparators, may be otherwise satisfied.

4 Evidence administered in violation of this Article shall not be available for use by the party who was not present.

Article 148 In case of mutual legal assistance

1 Where the administration of evidence takes place abroad by the letters rogatory, the right to participate of the parties is satisfied when the following conditions are met:

A.
The parties may address questions to the requested foreign authority;
B.
They may refer to the record of the administration of evidence by the letters rogatory;
C.
They may ask supplementary questions in writing.

2 Art. 147, para. 4, is applicable.

Section 4 Protection measures

Art. 149 In general

1 If there is reason to fear that a witness, a person called to give information, an accused person, an expert, a translator or an interpreter, or a person with a relationship within the meaning of s. 168, para. 1 to 3 may, by reason of their participation in the proceedings, be exposed to a serious danger to their life or their bodily integrity or to another serious disadvantage, the management of the procedure takes, on request or ex officio, the measures of Appropriate protection.

2 To this end, the Directorate of the Procedure may appropriately limit the procedural rights of the parties, in particular:

A.
Ensure the anonymity of the person to be protected;
B.
Conduct hearings in the absence of the parties or in camera;
C.
Verify the identity of the person to be protected in the absence of the parties or in camera;
D.
Changing the appearance and voice of the person to be protected or hidden from the sight of others;
E.
Limit the right to consult the file.

3 The management of the procedure may authorize persons to be protected by a legal counsel or a person of trust.

4 It may also order protective measures within the meaning of s. 154, para. 2 and 4, when persons under 18 years of age are heard as witnesses or persons who are called upon to provide information.

5 It shall ensure for each measure of protection that the right to be heard by the parties, in particular the rights of the defendant's defence, is guaranteed.

6 If anonymity has been guaranteed to the person to be protected, the management of the procedure takes appropriate measures to prevent confusion and interversions of persons.

Art. 150 Ensuring anonymity

1 The management of the procedure can guarantee the anonymity of the persons to be protected.

2 The public prosecutor must submit the guarantee of anonymity to the court for the imposition of coercive measures, with a clear indication within 30 days, of all the elements necessary to assess the legality of the measure. The Court of Restraint Measures shall decide definitively.

3 If the court for coercive measures refuses its approval, the evidence already administered under the guarantee of anonymity is not exploitable.

4 Once approved or ordered, the guarantee of anonymity binds all the criminal authorities in charge of the case.

5 The person to be protected may give up on anonymity at all times.

6 The prosecution and management of the court procedure revoke the guarantee of anonymity when the need for protection has clearly disappeared.

Art. 151 Measures to protect infiltrators

1 The undercover agent to whom anonymity has been guaranteed is entitled to:

A.
Its true identity is kept secret throughout the proceedings and after the close of the proceedings in respect of any person who is not acting as a member of the court in charge of the case;
B.
No information concerning his true identity is on the record of the proceedings.

2 The Directorate of Procedure shall take the necessary protective measures.

Art. 152 General measures to protect victims

1 The criminal authorities shall guarantee the rights of the victim's personality at all stages of the proceedings.

2 For all pleadings, the victim may be accompanied by a person of trust in addition to his or her legal counsel.

3 The criminal authorities shall avoid the victim being confronted with the accused if the victim so requires. If that is the case, they would otherwise take into account the right of the accused to be heard. In particular, they may hear the victim in accordance with the protection measures provided for in art. 149, para. 2, let. B and d.

4 The confrontation can be ordered in the following cases:

A.
The right of the accused to be heard cannot be guaranteed otherwise;
B.
A preponderant interest in criminal prosecution requires it.
Art. 153 Special measures to protect victims of sexual integrity offences

1 The victim of an offence against sexual integrity may require to be heard by a person of the same sex.

2 A confrontation with the accused can be ordered against the will of the victim only if the defendant's right to be heard cannot be guaranteed otherwise.

Art. Special measures to protect children

1 For the purposes of this article, a child is defined as the victim who is under the age of 18 at the time of the hearing or confrontation.

2 The first hearing of the child shall take place as soon as possible.

3 The authority may exclude the person from the confidence in the procedure when that person could influence the child in a decisive manner.

4 If it is to be expected that the hearing or confrontation could result in a serious psychological harm to the child, the following rules shall apply:

A.
A child's confrontation with the accused is excluded unless the child explicitly requests confrontation or the right of the accused to be heard cannot be guaranteed otherwise;
B.
The child should not normally be subject to more than two hearings on the whole procedure;
C.
A second hearing shall be held if, at the time of the first hearing, the parties have not been able to exercise their rights, or if this is essential to the proper conduct of the investigation or the safeguarding of the interest of the child; to the extent possible, it shall be conducted By the person who conducted the first hearing;
D.
The hearing is carried out by an investigator trained for this purpose, in the presence of a specialist; if no confrontation is organised, the hearing is recorded on a medium preserving sound and imitation;
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 people with mental disorders

1 Hearings of people with mental disorders are limited to the essentiable; their number is restricted as much as possible.

2 The Directorate of Procedure may appoint a criminal authority or a specialised social service to conduct the hearing or request the assistance of family members, other persons of trust or experts.

Article 156 Measures to protect persons outside the procedure

The Confederation and the cantons may provide for measures to protect persons outside the procedure.

Chapter 2 Hearing of the accused

Art. 157 Principle

1 The criminal authorities may, at all stages of the criminal procedure, hear the accused on the offences against which they are accused.

2 In so doing, they give the Commission the opportunity to express its full views on the offences in question.

S. 158 Information to be given at the first hearing

1 At the beginning of the first hearing, the police or the public prosecutor shall inform the accused in a language which he understands:

A.
A preliminary procedure is opened against him and for what offences;
B.
That the person may refuse to file and cooperate;
C.
Has the right to appeal to an advocate or to apply for an advocate;
D.
May request the assistance of a translator or interpreter.

2 The hearings conducted without the information being given are not exploitable.

Art. 159 Hearing by the police in the investigation procedure

1 At a hearing conducted by the police, the accused is entitled to have his counsel present and may ask questions.

2 When the accused is subject to provisional arrest, he has the right to communicate freely with his defence counsel in the event of a hearing by the police.

3 The person claiming these rights cannot demand the adjournment of the hearing.

Art. 160 Procedures for hearing confessions

If the accused confesses, the public prosecutor or the court shall ensure the credibility of his statements and invite him to describe precisely the circumstances of the offence.

Art. 161 Examination of the personal situation in the preliminary proceedings

The public prosecutor asks the accused about his personal situation only when an indictment or a criminal order is foreseeable or if it is necessary for other reasons.

Chapter 3 Witnesses

Section 1 General provisions

Art. 162 Definition

A witness is defined as any person who has not participated in the offence, who is likely to make statements useful for the elucidation of the facts and who is not heard as a person called to provide information.

S. 163 Ability and obligation to testify

1 Any person over fifteen years of age and capable of discernment as to the purpose of the hearing shall have the capacity to testify.

2 Every person capable of testifying has the obligation to testify and to tell the truth; the right to refuse to testify is reserved.

Art. 164 Witness information

1 The background and personal circumstances of a witness shall be investigated only if such information is necessary to assess his or her credibility.

2 The management of the procedure may order an ambulatory expertise if it has any doubts as to the ability of a witness to discernment or to present signs of mental disorder and whether the importance of the criminal procedure and the testimony Justifies it.

Article 165 Duty of discretion of witnesses

1 The hearing authority may order the witness, under the supervision of the sentence provided for in s. 292 CP 1 , to keep silent on the hearings envisaged or carried out and on their subject matter.

2 This obligation is limited in time.

3 The injunction may be given in the summons of the witness.


Article 166 Hearing of the injured

1 The injured person is heard as a witness.

2 The hearing as a person called to provide information in accordance with s. 178 is reserved.

Article 167 Compensation

The witness is entitled to a fair compensation to cover his loss of earnings and expenses.

Section 2 Right to refuse to testify

Art. 168 Right to refuse to testify due to personal relationships

1 Can refuse to testify:

A.
The spouse of the accused or the person who leads a life of a couple with him;
B.
The person who has children in common with the accused;
C.
Direct-line relatives and allies of the accused;
D.
Brothers and sisters, and the accused's half-brothers and sisters, as well as their spouses;
E.
Brothers and sisters and half-brothers and sisters of the accused's spouse, as well as their spouses;
F.
Foster parents, children in care of the accused, and persons in the same family as the accused;
G.
Guardian, legal counsel and curator 1 Of the accused.

2 The right to refuse to testify within the meaning of para. 1, let. A and f, also remains after the dissolution of the marriage or the end of the placement 2 .

3 The registered partnership is equivalent to marriage.

4 The right to refuse to testify cannot be invoked if the following conditions are met:

A.
Criminal proceedings relate to an offence under s. 111 to 113, 122, 124, 140, 184, 185, 187, 189, 190 or 191 CP 3 ; 4
B.
The offence was committed to the detriment of a close witness within the meaning of s. 1 to 3.

1 Since the entry into force of the PMQ of Dec. 2008 (Protection of the adult, the right of persons and the right of descent; RO 2011 725 ) On 1 Er Jan 2013: the guardian and the curator.
2 Art. 4 to 11 of the O of 19 Oct. 1977 regulating the placement of children for maintenance and adoption (RS 211.222.338 ).
3 RS 311.0
4 New content according to the c. III of the PMQ of Sept. 30. 2011, effective from 1 Er Jul. 2012 ( RO 2012 2575 ; FF 2010 5125 5151).

Art. 169 Right to refuse to testify for his or her own protection

1 A person may refuse to testify if his or her statements are likely to call him into question to the extent that he or she:

A.
Could be made criminally liable;
B.
May be made civilly liable and the interest in its protection outweighs the interest in criminal proceedings.

2 A person may also refuse to testify if his or her statements are likely to involve a close relative within the meaning of s. 168, para. 1 to 3; art. 168, para. 4, is reserved.

3 A person may refuse to testify if his or her statements are likely to expose his or her life or bodily integrity or those of a close relative within the meaning of s. 168, para. 1 to 3, to a serious threat or to expose it to another major disadvantage that protective measures do not prevent.

4 In the event of an offence against sexual integrity, a victim may, in all cases, refuse to answer questions relating to his or her intimate sphere.

Art. 170 Right to refuse to testify based on secrecy of function

1 Public servants within the meaning of s. 110, para. 3, PC 1 And members of the authorities may refuse to testify on the secrets entrusted to them in their official capacity or for which they have been informed in the exercise of their function or their office.

2 They must testify if the authority to which they are subject has the authority in writing.

3 The authority shall order the person concerned to testify if the interest in the manifestation of the truth outweighs the interest in maintaining the secret.


Art. Right to refuse to testify based on professional secrecy

1 Ecclesiastics, lawyers, advocates, notaries, patent attorneys, doctors, dentists, chiropractors, pharmacists, midwives, psychologists and their assistants may refuse to testify on the secrets entrusted to them in By virtue of their profession or of which they became aware in the exercise thereof. 1

2 They must testify:

A.
When subject to the obligation to denounce;
B.
When they are unbound by secrecy, according to art. 321, c. 2, PC 2 , by the master of the secret or, in writing, by the competent authority.

3 The criminal authority shall respect professional secrecy even if the holder has been removed from it when it is likely that the interest of the master in maintaining secrecy outweighs the interest in the manifestation of the truth.

4 The Law of 23 June 2000 on lawyers 3 Is reserved.


1 New content according to Art. 48 hp. 2 of the LF of 18 March 2011 on the psychology professions, in force since 1 Er April 2013 ( RO 2012 1929 , 2013 915 975; FF 2009 6235 ).
2 RS 311.0
3 RS 935.61

Art. Protection of sources of media professionals

1 Persons who, on a professional basis, participate in the publication of information in the editorial part of a periodical medium and their auxiliaries may refuse to testify on the identity of the author and on the content and The source of their information.

2 They must testify:

A.
When their testimony is necessary to provide relief to a person whose physical or physical integrity is directly threatened;
B.
Where, in the absence of their testimony, one of the following offences could not be elucidated or the accused of such an offence could not be apprehended:
1.
A homicide within the meaning of s. 111 to 113 CP 1 ,
2.
A crime punishable by a custodial sentence of at least three years,
3. 2
An offence under s. 187, 189, 190, 191, 197, para. 4, 260 Ter , 260 D , 305 Bis , 305 Ter And 322 Ter To 322 Septies CP,
4. 3
An offence within the meaning of s. 19, para. 2, of the Act of 3 October 1951 on Narcotic Drugs 4 .

1 RS 311.0
2 New content according to the c. 2 of the Schedule to the FA of 27. 2013 (Conv. De Lanzarote), in force since 1 Er Jul. 2014 ( RO 2014 1159 ; FF 2012 7051 ).
3 Erratum of the Ass CoR. Fed. Of Sept. 19. 2011, published on 4 Oct. 2011 ( RO 2011 4487 ).
4 RS 812.121

Art. 173 Right to refuse to testify based on other duties of discretion

1 Persons who are required to observe professional secrecy under one of the following provisions shall deposit only if the interest in the manifestation of the truth outweighs the interest in maintaining the secrecy:

A.
Art. 321 Bis CP 1 ;
B.
Art. 139, para. 3, Civil Code 2 ;
C.
Art. 2 of the Federal Act of 9 October 1981 on Counselling Centres for Pregnancy 3 ;
D. 4
Art. 11 of the Act of 23 March 2007 on victim assistance 5 ;
E. 6
Art. 3 C , para. 4, of the Act of 3 October 1951 on Narcotic Drugs 7 .

2 Holders of other secrets protected by the law are required to file. The management of the proceedings may release them from the obligation to testify when they make it likely that the interest in secrecy outweighs the interest in the manifestation of the truth.


1 RS 311.0
2 RS 210 This art. Is currently being repealed.
3 RS 857.5
4 New content according to the c. II 7 of the annex to the PMQ of 19 March 2010 on the organisation of the criminal authorities, in force since 1 Er Jan 2011 ( RO 2010 3267 ; FF 2008 7371 ).
5 RS 312.5
6 Erratum of the Ass CoR. Fed. Of Sept. 19. 2011, published on 4 Oct. 2011 ( RO 2011 4487 ).
7 RS 812.121

Art. 174 Decision on the admissibility of the right to refuse to testify

1 The decision on the admissibility of the right to refuse to testify is the responsibility of:

A.
In the preliminary proceedings: to the competent hearing authority;
B.
After the indictment: in court.

2 The witness may ask the appeal authority to decide immediately after the notification of the decision.

3 The witness may refuse to testify until the delivery of the appeal authority is known.

Art. Exercise of the right to refuse to testify

1 The witness may, at any time, invoke the right to refuse to testify even if he or she has given up.

2 The statements made by a witness after he has been informed of the right to refuse to testify may be exploited as evidence, even if he subsequently invokes that right, as long as he has given up.

Art. 176 Unjustified refusal to testify

1 Any person who, without the right, refuses to testify may be punished by a fine of order and liable to bear the costs and allowances caused by his refusal.

2 If the person who is compelled to testify is failing in his or her refusal, she is again urged to file under the commination of the sentence provided for in s. 292 CP 1 In the case of a new refusal, a criminal procedure is opened against it.


Section 3 Hearing of witnesses

Art. 177

1 At the beginning of each hearing, the authority hearing the witness indicates to him his obligation to testify and to respond in accordance with the truth and to warn him of the punishability of a false testimony within the meaning of s. 307 CP 1 . In the absence of this information, the hearing is invalid.

2 At the beginning of the first hearing, the authority questions the witness about his relationship with the parties and other circumstances that determine his or her credibility.

3 The authority draws the witness's attention to his right to refuse to testify when evidence from the examination or file indicates that this right is recognized. If this information is not given and the witness subsequently claims his right to refuse to testify, the hearing is not workable.


Chapter 4 Who is asked to provide information

Art. Definition

To be heard as a person called to provide information, anyone who:

A.
Formed a complainant;
B.
Not fifteen years of age at the time of the hearing;
C.
Is unable to fully understand the testimony of a witness because of a limited ability to discernment;
D.
Without being notified, may be either the perpetrator of the facts to be elucidated or a related offence, or a participant in those acts;
E.
Must be questioned as a co-defendant on a punishable act that is not attributed to it;
F.
Has the status of a defendant in another procedure, because of an offence that is related to the offences to be elucidated;
G.
Has been or could be designated as a representative of the company in a procedure directed against it, as well as its employees.
Article 179 Hearing by the police of the persons required to provide information

1 The police interrogates as individuals who are called upon to give information to persons who cannot be considered as defendants.

2 The hearing as a witness within the meaning of s. 142, para. 2, is reserved.

Art. 180 Status

1 Individuals who are required to provide information within the meaning of s. 178, let. B to g, are not required to file; moreover, the provisions concerning the hearing of defendants shall apply to them by analogy.

2 The complainant (art. 178, let. (a) is required to file before the public prosecutor, before the courts and before the police, if the hearing is carried out on the basis of a mandate from the public prosecutor's office. In addition, the provisions concerning witnesses shall apply mutatis mutandis, with the exception of Art. 176.

Art. Hearing

1 At the beginning of the hearing, the criminal authorities draw the attention of those who are called upon to give information about their obligation to file or their right to refuse to testify or to testify.

2 The criminal authorities draw the attention of those who are required to provide information that has the obligation to file or report on the possible criminal consequences of a slanderous accusation. To mislead or impede criminal action.

Chapter 5 Experts

Art. Use of an expert

The Public Prosecutor's Office and the courts have recourse to one or more experts when they do not have the knowledge and capacity to see or judge a state of affairs.

Art. 183 Qualifications of the expert

1 Only a natural person can be appointed as an expert who, in the field concerned, possesses the necessary knowledge and skills.

2 The Confederation and the cantons may have recourse to permanent experts or official experts in certain fields.

3 The grounds for objection set out in s. 56 are applicable to experts.

Art. 184 Designation and mandate

1 The Directorate of Procedure shall appoint the expert.

2 It establishes a written mandate which contains:

A.
The name of the designated expert;
B.
The statement authorizing the expert to appeal to other persons working under his or her responsibility for the conduct of the expert;
C.
A clear definition of the issues to be clarified;
D.
The deadline for the submission of the expert report;
E.
The mention of the obligation to keep the secrecy to which the expert is subject and his potential auxiliaries;
F.
The reference to the criminal consequences of a false report of expertise within the meaning of Art. 307 CP 1 .

3 The management of the procedure gives the parties the opportunity to express themselves on the choice of the expert and the questions put to him and to make their own proposals. However, this may be waived in the case of laboratory tests, such as determining the blood alcohol level in the blood or the degree of purity of certain substances, establishing a DNA profile, or proving the presence of Drugs in the blood.

4 It shall deliver to the expert with the mandate the parts and objects necessary for the establishment of the expertise.

5 It may revoke the mandate at any time and appoint a new expert if the interest of the cause justifies it.

6 It may request a quotation before the mandate is awarded.

7 If the complaining party requests expertise, the management of the proceedings may make the award of a charge by the complaining party subject to the award of the warrant.


Art. 185 Establishing expertise

1 The expert personally responds to the execution of the expertise.

2 The management of the proceedings may invite the expert to attend the pleadings and authorize him to ask questions to the persons who are to be heard.

3 If the expert considers it necessary to obtain additional information on the case, he shall make the request to the management of the procedure.

4 The expert may carry out simple investigations which are closely related to the mandate entrusted to him and to summon persons for that purpose. These must be followed up by the convening. If they refuse, the police can take them to the expert.

5 If the expert conducts investigations, the accused and those who have the right to refuse to testify or testify may, within the limits of that right, refuse to cooperate or make statements. The expert shall inform the persons concerned of their right at the beginning of the investigation.

Article 186 Hospitalization for expertise

1 The Public Prosecutor's Office and the courts may order the hospitalization of the accused if this is necessary for the establishment of medical expertise.

2 The Public Prosecutor's Office requires that the accused be hospitalized when the accused is not in pre-trial detention. The court shall decide definitively in written procedure.

3 If it appears during the procedure before the court that hospitalization is necessary in anticipation of an expert opinion, the court seised shall take a final decision in written procedure.

4 The hospital stay must be charged over the duration of the sentence.

5 In addition, the provisions on pre-trial detention and detention on grounds of security apply by analogy to hospitalization for the purpose of expertise.

Art. 187 Form of expertise

1 The expert shall submit a written report. If other persons have participated in the establishment of the expertise, their names and the functions they have performed must be expressly mentioned.

2 The management of the proceedings may order that the expertise be made orally or that a written report be either commented on or supplemented orally; in this case, the provisions on the hearing of witnesses shall apply.

Art. 188 Comments of the parties

The management of the proceedings shall bring the written expert report to the attention of the parties and set a time limit for the formulation of their observations.

S. 189 Expertise to be completed or clarified

The management of the procedure shall, ex officio or at the request of a party, supplement or clarify an expert's expertise by the same expert or appoint a new expert in the following cases:

A.
The expertise is incomplete or unclear;
B.
Several experts differ significantly in their conclusions;
C.
The accuracy of the expertise is in doubt.
Art. 190 Compensation

The expert is entitled to a fair compensation.

Art. 191 Expert's Negligences

If the expert does not meet his or her obligations or fails to do so within the prescribed period, the management of the procedure may:

A.
To punish him for a fine of order;
B.
Revoke his or her mandate without compensation for the work done.

Chapter 6 Means of physical evidence

Art. 192 Exhibits of conviction

1 The criminal authorities remit the original documents to the file in their entirety.

2 Copies of the titles and other documents may be made if this is sufficient for the purposes of the procedure. They must, if necessary, be authenticated.

3 The parties may examine exhibits within the limits of the provisions governing the consultation of the file.

Art. 193 Inspection

1 The public prosecutor, the court and, in simple cases, the police inspect in situ the objects, places and processes which are of importance for the assessment of a state of affairs but cannot be used directly as coins to the Conviction.

2 Each person must tolerate an inspection and provide access to the premises.

3 If it is necessary to enter buildings, houses or other non-public premises, the competent authority shall be subject to the provisions governing the search.

4 Inspections shall be documented by recordings on a medium preserving sound and image, plans, drawings, descriptions or in any other appropriate manner.

5 The Directorate of Procedure may order that:

A.
Other pleadings be moved to the inspection site;
B.
The inspection is combined with a reconstitution of the facts or with a confrontation; in this case, the accused, the witnesses and the persons required to give information are obliged to participate; their right to refuse to file is reserved.
Art. 194 File production

1 The Public Prosecutor's Office and the courts require the files of other proceedings where it is necessary to establish the facts or to try the accused.

2 The administrative and judicial authorities shall authorise the consultation of their files where there is no overriding public or private interest in maintaining secrecy.

3 Disagreements between the authorities of the same canton are decided by the canton's appeal authority; those who oppose the authorities of different cantons or cantonal authorities and a federal authority are decided by the Federal Criminal Court.

Art. 195 Request for Reports and Information

1 The criminal authorities require the official reports and medical certificates relating to facts which may be important in relation to the criminal procedure.

2 In order to clarify the personal situation of the accused, the public prosecutor and the courts request information on the legal history and reputation of the accused, as well as other relevant reports with official services or Individuals.

Division 5 Constraint Measures

Chapter 1 General provisions

Art. 196 Definition

The coercive measures are acts of procedure of the criminal authorities which violate the fundamental rights of the persons concerned; they serve to:

A.
Putting the evidence in safety;
B.
Ensure the presence of certain persons during the proceedings;
C.
Guarantee the execution of the final decision.
Art. 197 Principles

1 Constraint measures can only be taken under the following conditions:

A.
They are provided for by law;
B.
There is sufficient suspicion to presume an offence;
C.
The aims pursued cannot be achieved by less severe measures;
D.
They appear justified in the light of the gravity of the infringement.

2 Constraint measures that violate the fundamental rights of persons who do not have the status of an accused are applied with a particular restraint.

Art. Jurisdiction

1 Constraint measures may be ordered by:

A.
The public prosecutor;
B.
The court and, in urgent cases, the management of the proceedings;
C.
The police, in cases provided for by law.

2 When the police are empowered to order or execute coercive measures, the Confederation and the cantons may reserve that jurisdiction to members of the police force of a certain rank or function.

Art. Communication of delivery

Where a coercive measure is ordered in writing, a copy of the terms of reference and a copy of a statement of execution shall be given against acknowledgement of receipt to the person directly affected, provided that the coercive measure is not Secret.

Art. 200 Use of force

Force can only be used as a last resort to enforce the coercive measures; the intervention must be in accordance with the principle of proportionality.

Chapter 2 Appearance Mandate, Mandate and Research

Section 1 Appearance Mandate

Art. 201 Form and content

1 Any warrant for the appearance of the Public Prosecutor's Office, the competent criminal authorities for ticketing and the courts shall be given in writing.

2 The terms of reference include:

A.
The designation of the authority that awarded it and the persons who will execute the act of procedure;
B.
The designation of the person to be summoned and the quality in which the person must participate in the act of procedure;
C.
The reason for the warrant, provided that the purpose of the inquiry is not contrary to that indication;
D.
The place, date and time of the appearance;
E.
The summation to appear personally;
F.
The legal consequences of an unexcused absence;
G.
The date of its establishment;
H.
The signature of the person who awarded it.
Art. 202 Delay

1 The warrant of appearance shall be notified:

A.
In the preliminary proceedings, at least three days before the date of the pleadings;
B.
In the proceedings before the court, at least ten days before the date of the act of procedure.

2 The terms of reference for a public appearance shall be published at least one month before the date of the pleadings.

3 In fixing the dates of appearance in proceedings, the authority shall take appropriate account of the availability of the cited persons.

Art. 203 Exceptions

1 A warrant of appearance may be given in a form other than that prescribed and within a shorter period in the following cases:

A.
In case of emergency;
B.
The person cited has given his consent.

2 Anyone who is present at the place where the act of procedure takes place or is in detention may be heard immediately and without a warrant of appearance.

Art. Except-conduit

1 If the persons summoned to appear are abroad, the public prosecutor or the management of the proceedings of the court may grant them a safe conduct.

2 A person who has the benefit of an individual shall not be arrested in Switzerland as a result of offences committed or convictions handed down before his or her stay, or be subjected to other measures resulting in deprivation of liberty.

3 The granting of the conduit may be subject to conditions. In this case, the authority shall notify the beneficiary that any breach of the conditions relating to the safe conduct will result in its invalidation.

Art. Obligation to appear, prevent and default

1 A person who is summoned to appear by a criminal authority is required to act on the warrant of appearance.

2 The person who is prevented from acting on a warrant of appearance must inform the authority that has awarded the warrant without delay and must indicate the reasons for his inability to attend and submit any supporting documents.

3 The warrant of appearance may be revoked for just cause. Revocation takes effect only from the moment it was notified to the person named.

4 Any person who, without being excused, fails to act or responds too late to an appearance warrant issued by the Public Prosecutor's Office, a competent criminal authority for ticketing or a court may be punished by a fine of order; May be brought by the police to the competent authority.

5 The provisions governing the default procedure are reserved.

Art. 206 Police Appearance Warrants

1 During the police investigation, the police may name individuals without specific formalities or deadlines for the purpose of interviewing them, establishing their identity or recording their identifying data.

2 A person who fails to comply with a warrant for the appearance of the police may be subject to a warrant issued by the public prosecutor if he has been threatened in writing of that measure.

Section 2 Mandate to bring

Art. Conditions and competence

1 May be the subject of a mandate to bring any person:

A.
Who did not act on an appearance warrant;
B.
That it can be assumed in the light of concrete evidence that it will not respond to an appearance warrant;
C.
Whose immediate appearance, in the event of a crime or crime, is indispensable in the interests of the proceedings;
D.
Which is strongly suspected of having committed a crime or an offence and for which grounds for detention are to be presumed.

2 The mandate to bring is given by the management of the procedure.

Art. 208 Form of mandate to bring

1 The mandate to bring is given in writing. In case of emergency, it may be given orally; however, it must be confirmed in writing.

2 The mandate to bring contains the same indications as the warrant of appearance as well as the mention of the express authorization given to the police to use force if necessary and to enter buildings, houses and other premises Non-public to carry out the mandate.

Article 209 Procedure

1 The police shall carry out the mandate to bring in maximum respect to the persons concerned.

2 It sets out the mandate to bring to the person concerned and leads it to the authority immediately or at the time indicated on the warrant.

3 The authority shall inform the person brought, without delay and in a language which it understands, of the reason for the mandate to bring, execute the act of procedure and then immediately release it unless it proposes to order the provisional detention or the Detention for security reasons.

Section 3 Research

Art. 210 Principles

1 The Public Prosecutor's Office, the criminal prosecution authorities responsible for ticketing and the courts may order searches against persons whose place of residence is unknown and whose presence is necessary for the conduct of the Procedure. In the event of an emergency, the police may issue a research notice.

2 If the accused is strongly suspected of having committed a crime or an offence and there is reason to assume detention grounds, the authority may issue a search opinion to arrest him and cause him to be brought before the competent authority.

3 Unless the Public Prosecutor's Office, the Contraventions Criminal Authority or the Court decides otherwise, it is the responsibility of the police to execute the research notice.

4 The s. 1 and 3 apply by analogy to the search for heritage objects and values.

Art. 211 Public Participation

1 The public may be called upon to participate in the research.

2 The Confederation and the cantons may lay down provisions on the reward which may be granted to individuals who have made a decisive contribution to the research.

Chapter 3 Deprivation of liberty, pre-trial detention and detention for reasons of security

Section 1 General provisions

Art. 212 Principles

1 The defendant remains at large. It may be subject to coercive measures resulting in deprivation of liberty only within the limits of the provisions of this Code.

2 The coercive measures resulting in deprivation of liberty shall be lifted as soon as:

A.
The conditions of their application are no longer fulfilled;
B.
The duration provided for in this Code or fixed by a court has expired;
C.
Substitution measures achieve the same goal.

3 Pre-trial detention and detention for security reasons should not last longer than the custodial sentence of foreseeable freedom.

Art. Home visit

1 If it is necessary to enter buildings, houses or other non-public premises to apprehend or arrest a person, the provisions concerning the search shall apply.

2 Where there is a danger in the home, the police may enter premises without a search warrant.

Art. 214 Information

1 If a person is temporarily detained or remanded in custody or detained for security reasons, the competent criminal authority shall immediately inform:

A.
Loved ones;
B.
At the request of the data subject, his or her employer or the foreign representation of the person concerned.

2 The information shall not be communicated if the purpose of the instruction prohibits it or if the person concerned expressly opposes it.

3 If a person who is dependent on the accused is exposed to difficulties as a result of coercive measures resulting in deprivation of liberty, the criminal authority shall inform the relevant social services.

4 Unless specifically objected to, the victim shall be informed of the pre-trial detention or detention for reasons of security of the accused, or of an alternative measure within the meaning of s. 237, para. 2, let. C or g, of his or her release from this constraint or escape. 1 The authority may desist from informing the victim of the release of the accused if this information is to expose the victim to a serious danger.


1 New content according to the c. 1 of the annex to the PMQ of Dec 13. 2013 on the prohibition of carrying on an activity, the prohibition of contact and the geographical prohibition, in force since 1 Er Jan 2015 ( RO 2014 2055 ; FF 2012 8451 ).

Section 2 Apprehension and droit de suite

Art. 215 Appreciability

1 In order to clarify an offence, the police may apprehend a person and, if necessary, take the person to the post for the following purposes:

A.
Establish identity;
B.
Question it briefly;
C.
Determine if it has committed an offence;
D.
Determine whether research is to be undertaken on the subject or subject matter in its possession.

2 The apprehended person may be required by the police:

A.
Declare its identity;
B.
To produce its identity papers;
C.
Present the objects it carries with it;
D.
Opening his or her luggage or vehicle.

3 The police may ask individuals to assist with the apprehension of a person.

4 If there are serious indications that offences are being committed or that defendants are in a particular place, the police can block the exits and, if so, apprehend the persons present.

Art. Right of continuation

1 In the event of an emergency, the police shall be entitled to prosecute and apprehend an accused person in the territory of another municipality, another canton or, within the limits set by international treaties, on the territory of a foreign state.

2 If the apprehended person is to be arrested, it shall be given without delay to the competent authority of the place of apprehension.

Section 3 Provisional Arrest

Art. Police Arrest

1 The police are required to temporarily stop and drive any person:

A.
That she was caught in the act of committing a crime or an offence or that she intercepted it immediately after such an act;
B.
Which is reported.

2 The police may temporarily arrest and post any suspected person on the basis of an investigation or other reliable information to have committed a crime or a crime.

3 It may provisionally arrest and drive any person whom it has surprised in the act of ticketing or intercepts immediately after such an act if:

A.
The person refuses to decline his or her identity;
B.
The person does not live in Switzerland and does not immediately provide security for the fine;
C.
Arrest is necessary to prevent this person from committing further contraventions.
Art. Arrest by Individuals

1 Where the assistance of the police cannot be obtained on time, an individual has the right to temporarily arrest a person in the following cases:

A.
It surprised the person in the act of committing a crime or crime or caught it immediately after such an act;
B.
The population was called upon to assist in this person's research.

2 In an arrest, individuals may use force only within the limits set out in s. 200.

3 The arrested person is handed over to the police as soon as possible.

S. 219 Procedure applied by the police

1 The police shall immediately establish after the arrest the identity of the arrested person, inform him in a language of the reasons for his arrest and provide information on his or her rights within the meaning of s. 158. It shall then inform the public prosecutor of the arrest without delay.

2 Pursuant to Art. 159, the police then question the person arrested on the facts of which they are suspected and proceed immediately to the investigations necessary to confirm or dispel the suspicion and the grounds of detention.

3 If it is apparent from the investigations that there are no or more grounds for detention, the arrested person is immediately released. If the investigations confirm the suspicions and a reason for detention, the police will bring the person without delay to the public prosecutor's office.

4 The person provisionally arrested shall be released or brought before the public prosecutor at the latest after 24 hours; if the provisional arrest has followed an apprehension, the duration of the arrest shall be deducted from those 24 hours.

5 When an individual is temporarily arrested for one of the reasons cited in s. 217, para. 3, and must be kept for more than three hours, the extension of the guard must be ordered by members of the police force authorised by the Confederation or by the canton.

Section 4 Provisional detention and detention for reasons of security; general provisions

Art. 220 Definitions

1 The pre-trial detention begins at the time when the coercive measures court orders it and ends when the indictment is notified to the court of first instance, that the accused begins to serve his or her deprivation of liberty. Or that it is released during the statement.

2 Detention for security reasons begins when the indictment is notified to the court of first instance and ends when the judgment becomes enforceable, whether the accused begins to serve his or her deprivation of liberty or that he or she is Released.

Art. 221 Conditions

1 Pre-trial detention and detention for security reasons can only be ordered when the accused is strongly suspected of having committed a crime or a crime and there is a serious danger of:

A.
He evade the criminal procedure or the foreseeable sanction by absconding;
B.
It compromises the search for truth by influencing people or altering the means of evidence;
C.
That it seriously compromises the safety of others by committing serious crimes or crimes after having committed similar offences.

2 Detention can be ordered if there is serious reason to fear that a person will act after threatening to commit a serious crime.

Art. 222 1 Lanes of law

The detainee may attack before the appeal authority decisions ordering pre-trial detention or detention on grounds of security or the extension or termination of that detention. Art. 233 is reserved.


1 New content according to the c. II 7 of the annex to the PMQ of 19 March 2010 on the organisation of the criminal authorities, in force since 1 Er Jan 2011 ( RO 2010 3267 ; FF 2008 7371 ).

Art. Relations of the accused with his defender

1 During the detention proceedings, the Defender may attend the accused's hearings and the administration of additional evidence.

2 All accused persons may communicate at all times and without supervision with their counsel, whether orally or in writing, during the detention proceedings before the public prosecutor and the courts.

Section 5 Temporary detention

Art. Detention procedure before the Public Prosecutor's Office

1 The Public Prosecutor's Office interviews the accused without delay and gives him the opportunity to comment on the suspicion and the detention grounds held against him. It shall immediately proceed to the administration of readily available evidence capable of confirming or disregarding the suspicion and grounds of detention.

2 If the suspicion and the grounds for detention are confirmed, the prosecutor shall propose to the court measures of restraint, without delay but no later than 48 hours from the date of arrest, to order temporary detention or a measure of Substitution. The public prosecutor shall send the request in writing, give the reasons for it briefly and attach the essential documents of the case.

3 If the Public Prosecutor waives the proposed detention, he shall order the immediate release of the accused. If it proposes an alternative measure, it shall take the necessary provisional measures.

Art. 225 Procedure for detention before the court for coercive measures

1 Immediately following receipt of the request from the Public Prosecutor's Office, the Court of Restraint Measures shall convene the Public Prosecutor's Office, the accused and his counsel at a closed hearing; he may require the Public Prosecutor to participate in the hearing.

2 The Court of Restraint Measures shall grant upon request and before the hearing to the accused and his counsel the right to consult the file in his possession.

3 A person who, for valid reasons, does not attend the hearing, may file written submissions or refer to previous written submissions.

4 The Court of Restraint Measures shall collect immediately available evidence capable of confirming or disregarding the suspicion and the grounds for detention.

5 If the accused expressly waives an oral hearing, the Court of Restraint Measures shall act in writing on the basis of the request of the public prosecutor and the particulars of the defendant.

Art. 226 Decision of the Court of Restraint Measures

1 The Court of Restraint Measures shall act immediately, but no later than 48 hours after receipt of the request.

2 He shall immediately and verbally communicate his decision to the Public Prosecutor, the accused and his counsel, or in writing if they are not present. The decision shall be notified in writing and shall be briefly reasoned.

3 If he orders detention on remand, the court for coercive measures shall draw the defendant's attention to the fact that he or she may at any time submit an application for release.

4 In its decision, it may:

A.
Setting the maximum duration of pre-trial detention;
B.
Require the public prosecutor to carry out certain acts of procedure;
C.
Order a substitution measure instead of pre-trial detention.

5 If the court for coercive measures does not order pre-trial detention, the accused shall be released immediately.

Art. 227 Request for extension of pre-trial detention

1 At the end of the period of pre-trial detention set by the court for coercive measures, the public prosecutor may request the extension of the detention. If the duration of the detention is not limited, the application must be submitted within three months of the start of the detention.

2 The public prosecutor shall transmit to the court the request for a written and reasoned extension, no later than four days before the end of the period of detention, and shall attach the essential documents of the case to the court.

3 The Court of Restraint Measures grants the detainee and his counsel the right to consult the file in his possession and gives them three days to express themselves in writing on the request for an extension.

4 It may order an extension of pre-trial detention until it has decided.

5 The Court of Restraint Measures shall act no later than five days after the receipt of the reply or the expiry of the period laid down in para. 3. It may require the public prosecutor to carry out certain acts of procedure or order an alternative measure.

6 As a general rule, the procedure takes place in writing; however, the Court of Restraint Measures may order a hearing; the hearing is held in camera.

7 Provisional detention may be extended several times, each time not more than three months and, in exceptional cases, not more than six months.

Art. 228 Request for the release of provisional detention

1 The accused may submit, at any time, in writing or orally for the record, a request for release to the Public Prosecutor's Office, subject to para. 5. The request must be briefly reasoned.

2 If the public prosecutor responds favourably to the defendant's request, he orders his immediate release. If it does not intend to give a favourable response to the request, it shall forward it to the court for coercive measures no later than three days from its receipt, together with a reasoned opinion.

3 The Court of Restraint Measures shall notify the public prosecutor's position to the accused and his counsel and shall provide them with a period of three days to submit a reply.

4 It shall act in camera at the latest within five days of the receipt of the reply or the expiry of the period laid down in para. 3. If the accused expressly waives a hearing, the decision may be made in writing. In addition, s. 226, para. 2 to 5, shall apply mutatis mutandis.

5 In its decision, the Court of Restraint Measures may fix a period of up to one month during which the accused cannot file a request for release.

Section 6 Detention for security reasons

Art. 229 Decision ordering detention on grounds of security

1 Upon written request of the Public Prosecutor's Office, the Court of Restraint Measures shall rule on detention on grounds of security when it follows a provisional detention.

2 Where the grounds for detention only appear after the indictment has been lodged, the management of the proceedings of the court of first instance shall carry out the detention procedure by analogy with s. 224 and asks the court for coercive measures to order detention on grounds of security.

3 The following shall apply mutatis mutandis to the procedure before the Court of Constraint Measures:

A.
Art. 225 and 226, where there has been no pretrial detention;
B.
Art. 227, where there has been pretrial detention.
Art. Release of detention for security reasons during the first instance proceedings

1 During the first instance proceedings, the accused and the public prosecutor may file a request for release.

2 The application must be directed to the management of the proceedings of the Court of First Instance.

3 If the Directorate of the Procedure gives a favourable response to the request, it shall order the immediate release of the accused. If it does not intend to give a favourable response to the request, it shall forward it to the court for decision-making measures.

4 In agreement with the Public Prosecutor's Office, the management of the proceedings of the court of first instance may order the release. In case of disagreement by the Public Prosecutor's Office, the Court of Restraint Measures shall act.

5 In addition, s. 228 shall apply mutatis mutandis.

Art. 231 Detention for security reasons resulting from the judgment of first instance

1 At the time of the judgment, the court of first instance determines whether the defendant who has been convicted must be detained or detained for security reasons:

A.
To ensure the execution of the sentence or the measure imposed;
B.
In anticipation of the appeal process.

2 If the defendant in detention is acquitted and the court of first instance orders his release, the public prosecutor may apply to the management of the court of appeal proceedings, through the court of first instance, of Extend his detention for security reasons. In such a case, the person concerned shall remain in detention pending the direction of the proceedings of the appellate court. The latter shall act on the request of the public prosecutor within five days of the filing of the application.

3 If the appeal is withdrawn at a later date, the Court of First Instance shall rule on the allocation of the detention suffered after the judgment.

Art. 232 Detention on grounds of security during the proceedings before the appellate court

1 If there are grounds for detention only during the proceedings before the court of appeal, the management of the procedure shall cause the accused to be brought immediately by the police and interrogates him.

2 The management of the proceedings of the court of appeal shall decide within 48 hours from the time when the defendant has been brought to it; its decision shall not be subject to appeal.

Art. Request for release during proceedings before the appeal court

The management of the proceedings of the appeal court shall decide within five days on the applications for release; its decision shall not be subject to appeal.

Section 7 Execution of pre-trial detention and detention for security reasons

Art. Establishment of detention

1 As a general rule, pre-trial detention and detention on grounds of security are carried out in institutions reserved for that purpose and are used only for the execution of short custodial sentences.

2 The competent cantonal authority may detain the accused in a hospital or a psychiatric clinic where medical reasons so require.

Art. 235 Execution of detention

1 The freedom of pre-trial detainees may be restricted only to the extent required by the purpose of detention and by the respect of order and security in the institution.

2 Any contact between the accused in custody and third parties shall be subject to the authorisation of the Directorate of Procedure. Visits are monitored if necessary.

3 The management of the procedure controls incoming and outgoing mail, with the exception of correspondence with supervisory authorities and criminal authorities. During detention for reasons of security, she may entrust this task to the Public Prosecutor's Office.

4 The accused person in custody can communicate freely with his/her defender and without the control of the content of their exchanges. If there is a risk of abuse, the management of the proceedings may, with the agreement of the Court of Restraint Measures, temporarily limit the accused's relations with his counsel; they shall inform them in advance.

5 The cantons regulate the rights and obligations of defendants in custody, their rights of appeal, disciplinary measures and supervision of detention facilities.

Art. 236 Early enforcement of sentences and measures

1 The management of the procedure may authorise the defendant to carry out an early execution of a custodial sentence or a measure leading to a deprivation of liberty if the stage of the proceedings so permits.

2 If the indictment has already been brought, the management of the procedure gives the public prosecutor the opportunity to rule.

3 The Confederation and the cantons may provide that the early implementation of the measures shall be subject to the consent of the implementing authorities.

4 At the entry of the accused person into the establishment, the execution of the sentence or the measure begins and the defendant is subject to the enforcement regime, unless the purpose of the pre-trial detention or the detention for security reasons is opposed.

Section 8 Substitution measures

Art. 237 General provisions

1 The competent court shall order one or more less severe measures in place of pre-trial detention or detention on grounds of safety if such measures are intended to achieve the same purpose as detention.

2 Some of the substitution measures include:

A.
The supply of security rights;
B.
The seizure of identity documents and other official documents;
C.
House arrest or a ban on going to a certain location or building;
D.
The obligation to report regularly to an administrative service;
E.
The obligation to have regular work;
F.
The obligation to undergo medical treatment or control;
G.
The prohibition on maintaining relationships with certain persons.

3 In order to monitor the execution of these measures, the court may order the use of technical equipment that can be fixed to the person under supervision.

4 The provisions on pre-trial detention and detention on grounds of security apply, mutatis mutandis, to the delivery of alternative measures and to the action against them.

5 The court may, at any time, revoke the substitution measures, order others to be remanded in custody or detention for security reasons if new facts so require or if the defendant fails to comply with the obligations Have been imposed on him.

Article 238 Provision of security rights

1 If there is a danger of absconding, the court may require the defendant to pay a sum of money in order to ensure that he or she will attend the proceedings and that he will submit to the execution of a deprivation of liberty.

2 The amount of security rights depends on the seriousness of the accused and his or her personal situation.

3 Security rights may consist of a deposit of cash or a guarantee provided by a bank or insurance established in Switzerland.

Article 239 Release of security rights

1 Security rights are released as soon as:

A.
The reason for the detention has disappeared;
B.
The criminal procedure is closed by a classification order or an acquittal in force;
C.
The accused began the execution of the deprivation of liberty.

2 The security rights provided by the accused who have been released may be used to pay for pecuniary penalties, fines, costs and allowances.

3 A final decision on the release of security rights has been taken by the authority seized of the case.

Art. 240 Evolving security rights

1 If the accused subtracts from the proceedings or the execution of a custodial sentence, the security rights are vested in the Confederation or the canton of which the court has ordered the provision of the security.

2 Where a third party has provided the security rights, the authority may waive their devolution if it has given the authorities in due time the information that might have enabled it to apprehend the defendant.

3 The authority seized of the case, or which has been seized thereof, shall rule on the vesting of security rights.

4 By analogy with art. 73 PC 1 , security rights are used to cover the claims of the injured party and, if there remains a balance, monetary penalties, fines and procedural costs. The possible balance is acquired by the Confederation or the canton.


Chapter 4 Search, Search and Examination

Section 1 General provisions

S. 241 Pronounced measure

1 Searches, searches and examinations are subject to a written mandate. In case of urgency these measures may be ordered orally, but must be confirmed in writing.

2 The terms of reference indicate:

A.
The person to be searched or the premises, documents or objects to be examined;
B.
The purpose of the measure;
C.
The authorities or persons responsible for carrying out the execution.

3 Where there is a danger in the home, the police may order the examination of the orifices and cavities of the body that it is impossible to examine without the assistance of an instrument and conduct searches without warrant; if so, it shall inform without delay The competent criminal authority.

4 The police may search a person apprehended or arrested, in particular to ensure the safety of persons.

S. 242 Executing

1 The implementing authority or the person responsible for enforcement shall take the protective measures necessary for the measure to achieve its purpose.

2 It may prohibit persons from moving away during search, search or examination.

Art. Incidental Discoveries

1 Traces and objects discovered incidentally that are unrelated to the offence, but which allow the commission of other offences to be presumed, are put in safety.

2 The objects, together with a report, shall be forwarded to the management of the procedure which decides on the continuation of the proceedings.

Section 2 Perquisitions

Article 244 Principle

1 Buildings, houses and other non-public premises may be searched only with the consent of the right holder.

2 The consent of the entitled person is not necessary if it is to be presumed that, in those premises:

A.
Are in wanted persons;
B.
Find traces, objects or heritage values likely to be sequestered;
C.
Offences are committed.
Art. Executing

1 At the beginning of the search, the executing persons present the search warrant.

2 If they are present, the holders of the premises who are to be searched shall be required to attend. If they are absent, the authority shall, if possible, call upon a major member of the family or another suitable person.

Section 3 Search of documents and records

Art. Principle

Written material, audio, video and other records, computer media and facilities for the processing and recording of information may be searched where appropriate. Presume that they contain information likely to be sequestered.

Art. 247 Executing

1 The holder may, in advance, comment on the contents of the documents and registrations that are searched.

2 The authority may use an expert to examine the content of documents and recordings, in particular to separate others whose contents are protected.

3 The holder may furnish to the criminal authorities copies of the documents and registrations concerned and the prints of the recorded information if that is sufficient for the purposes of the proceedings.

Art. 248 Sealed

1 Documents, recordings and other items which cannot be searched or held captive because the person concerned claims his right to refuse to testify or for other reasons are placed under seal and cannot be Examined or exploited by the criminal authorities.

2 If the criminal authority does not request the removal of the seals within 20 days, the documents and other objects placed under seal shall be returned to the person entitled.

3 If the criminal authority requests the removal of the seals, the following courts shall finally rule on the application within one month of its filing:

A.
The Court of Restraint Measures in the preliminary proceedings;
B.
The court seised of the case, in other cases.

4 The court may use an expert to examine the contents of documents, records and other objects.

Section 4 People and Objects Search

Art. 249 Principle

Persons and objects may be searched without the consent of the persons concerned unless it is presumed that traces of the offence or heritage objects or values likely to be sequestered can be found.

Art. 250 Executing

1 A person's search includes the examination of the clothing worn, the objects and baggage carried, the vehicle used, the surface of the body, and the holes and cavities of the body that can be examined without the aid of an instrument.

2 Except as a matter of urgency, the search of the intimate parts must be carried out by a person of the same sex or by a doctor.

Section 5 Examination of the person

Article 251 Principle

1 The person's examination includes an examination of the physical or psychological state of the accused.

2 This review may take place:

A.
To establish the facts;
B.
To assess the liability of the accused, as well as his ability to take part in the proceedings and to support the detention.

3 Breaches of the accused's bodily integrity may be ordered if they do not cause any particular pain and do not adversely affect his or her health.

4 A person who does not have the status of an accused person shall not be subjected to an examination of his or her person or interference with his or her bodily integrity against his or her will only if the damage to his bodily integrity does not cause him or her any particular pain Does not harm his or her health and is an essential step in the elucidation of an offence within the meaning of s. 111 to 113, 122, 124, 140, 184, 185, 187, 189, 190 or 191 CP 1 . 2


1 RS 311.0
2 New content according to the c. III of the PMQ of Sept. 30. 2011, effective from 1 Er Jul. 2012 ( RO 2012 2575 ; FF 2010 5125 5151).

Art. 252 Executing

The examination of the person and procedures affecting bodily integrity shall be carried out by a doctor or a medical assistant.

Section 6 Examination of the corpse

Article 253 Suspect Death

1 If, in a death, the evidence suggests that the death is not due to a natural cause, and in particular that an offence has been committed, or that the identity of the body is not known, the public prosecutor shall order an initial examination of the corpse by A medical examiner to determine the causes of death or to identify the deceased.

2 If a first examination of the corpse reveals no evidence of the commission of an offence and the identity of the deceased person is known, the public prosecutor authorizes the removal of the body.

3 Otherwise, the public prosecutor shall order the safety of the corpse and new examinations by a forensic institute or, if necessary, an autopsy. It may order the retention of the corpse or parts thereof for the purposes of the examination.

4 The cantons designate the members of the medical staff who are obliged to announce cases of suspicious deaths to the criminal authorities.

Art. 254 Exhumation

Where this appears necessary to clarify an offence, the competent criminal authority may order the exhumation of a corpse or the opening of a funerary urn.

Chapter 5 DNA Analysis

Art. 255 General Conditions

1 To elucidate a crime or an offence, the collection of a sample and the establishment of a DNA profile may be ordered on:

A.
The accused;
B.
Other persons, in particular victims and persons entitled to visit the premises of the offence if it is necessary to distinguish their biological material from that of the accused;
C.
Deceased persons;
D.
Biological material that is related to the offence.

2 The police may order:

A.
Non-invasive sampling;
B.
The establishment of a DNA profile from biological material related to the offence.
Art. 256 Collection of samples in large surveys

In order to elucidate a crime, the Court of Restraint Measures may, at the request of the Public Prosecutor's Office, order the collection of samples of persons with specific characteristics found in relation to the Committee on The act, in order to establish their DNA profile.

Art. 257 Collection of samples of convicted persons

In making a judgment, the court may order, for the purpose of establishing a DNA profile, that a sample be taken from persons:

A.
Who were convicted of the intentional commission of a crime with a custodial sentence of more than one year;
B.
Who have been convicted of a crime or an offence committed intentionally against life, physical integrity or sexual integrity;
C.
Against which a therapeutic measure or internment has been pronounced.
Article 258 Performing Sample Collection

Invasive sampling should be performed by a physician or a medical assistant.

Art. 259 Applicability of the DNA Profile Act

Moreover, the law of 20 June 2003 on DNA profiles 1 Is applicable.


1 RS 363

Chapter 6 MSDSs, Write or Voice Samples

Art. 260 Entering MSDSs

1 The seizure of a person's identifying data means the identification of his or her physical characteristics and the removal of fingerprints from parts of his or her body.

2 The police, the public prosecutor, the courts and, in the event of an emergency, the direction of the court proceedings can order the seizure of a person's identifying data.

3 The seizure of the identifying data is the subject of a written mandate, briefly motivated. In an emergency, it may be ordered orally, but must be confirmed in writing and reasoned.

4 If the person concerned refuses to comply with the order of the police, the public prosecutor shall act.

Art. 261 Use and Retention of MSDSs

1 An accused's identifying data can only be used outside the record of the proceedings if sufficient suspicion leads to a presumption of re-offending and can only be retained:

A.
Until the expiry of the time limits for the cancellation of entries in the criminal record, where the person in question has been convicted or has been acquitted on grounds of irresponsibility;
B.
Until the entry into force of the decision, where the person in question has been acquitted for other reasons, whether the procedure has been closed or the authority has issued a non-entry order.

2 Where in a case referred to in para. 1, let. B, certain facts make it possible to assume that the identifying data of an accused will be used to elucidate future infringements, these data may, with the authorisation of the management of the procedure, be kept and used for ten years At most from the entry into force of the decision.

3 The identifying data of persons who do not have the status of an accused must be destroyed as soon as the proceedings against the accused are closed or have been the subject of a classification or non-entry order.

4 If it appears before the expiry of the time limits set out in paras. 1 to 3 that the retention and use of identifying data is no longer relevant, these data are destroyed.

Art. 262 Write or voice samples

1 An accused person, a witness or a person called to provide information may be required to provide a sample of writing or voice for comparative purposes.

2 Persons who refuse to provide such a sample may be punished by a fine of order, with the exception of the accused and persons who have the right to refuse to file or testify, within the limits of that right.

Chapter 7 Sequestrian

Art. 263 Principle

1 Heritage objects and values belonging to the accused or third parties may be placed in receivership, where probable:

A.
They will be used as evidence;
B.
They will be used to ensure payment of procedural costs, monetary penalties, fines and allowances;
C.
They must be returned to the injured party;
D.
They should be confiscated.

2 The receiver is ordered by written order, briefly reasoned. In an emergency, the order may be ordered orally; however, the order must be confirmed in writing.

3 Where there is a danger in the home, the police or individuals may temporarily put heritage objects and values into safety for the public prosecutor or the court.

Art. 264 Restrictions

1 Regardless of where they are located and when they were designed, they cannot be sequestered:

A. 1
Documents relating to contacts between the accused and his defence counsel;
B.
Personal documents and correspondence from the accused, if the interest in the protection of the personality takes precedence over the interest in the criminal prosecution;
C. 2
Objects and documents relating to contact between the accused and a person who has the right to refuse to testify under s. 170 to 173, if that person does not have the status of a defendant in the same case;
D. 3
Objects and documents relating to contact between another person and his lawyer, if he or she is authorised to practice legal representation under the Law of 23 June 2000 on lawyers 4 And does not have the status of notified in the same case.

2 The restrictions set out in para. 1 does not apply to objects or heritage values that must be placed in receivership for the purpose of restitution to the injured party or their confiscation.

3 If a person who is entitled objects to the sequestration of objects or heritage values by asserting his or her right to refuse to deposit or to testify or for other reasons, the criminal authorities shall proceed in accordance with the provisions governing the Seals.


1 New content according to the c. I 6 of the PMQ of 28. 2012 on the adaptation of disp. Procedure relating to the professional secrecy of lawyers, in force since 1 Er May 2013 ( RO 2013 847 ; FF 2011 7509 ).
2 New content according to the c. I 6 of the PMQ of 28. 2012 on the adaptation of disp. Procedure relating to the professional secrecy of lawyers, in force since 1 Er May 2013 ( RO 2013 847 ; FF 2011 7509 ).
3 Introduced by c. I 6 of the PMQ of 28. 2012 on the adaptation of disp. Procedure relating to the professional secrecy of lawyers, in force since 1 Er May 2013 ( RO 2013 847 ; FF 2011 7509 ).
4 RS 935.61

Art. 265 Obligation to deposit

1 The holder of heritage objects or values that must be sequestered is subject to the deposit obligation.

2 Are not subject to the deposit obligation:

A.
The accused;
B.
Persons who have the right to refuse to file or testify, within the limits of that right;
C.
Enterprises, if the fact of making a deposit is likely to call them into question to the extent that they themselves:
1.
Could be made criminally liable,
2.
Could be made civilly liable and that the interest in protecting them outweighs the interest in criminal proceedings.

3 The criminal authority may require the persons required to make a deposit to execute within a certain period of time, under the supervision of the penalty provided for in s. 292 CP 1 Or a fine.

4 The use of coercive measures is only possible if the holder has refused to proceed with the deposit or if there is reason to assume that the summons to proceed to the deposit would fail the measure.


Art. 266 Executing

1 The criminal authority shall certify in the Receiver Ordinance or in an acknowledgment of receipt, the surrender of the objects and heritage values held in custody.

2 It shall establish an inventory of the objects and values held and shall retain them in an appropriate manner.

3 If buildings are sequestered, a restriction on the right to dispose is ordered and referred to in the Land Registry.

4 The receiver of a debt is notified to the debtors, who are informed that the payment in the hands of the creditor does not extinguished the debt.

5 Items subject to rapid depreciation or expensive maintenance as well as securities and other publicly traded securities may be carried out immediately in accordance with the provisions of the Federal Act of April 11, 1889, on The pursuit of debt and bankruptcy 1 . The product is in receivership.

6 The Federal Council regulates the placement of sequestered heritage values.


S. 267 Decision on Sequestered Heritage Objects and Values

1 If the ground of the receiver disappears, the public prosecutor or the court shall lift the measure and return the objects and heritage values to the person entitled to it.

2 If it is undisputed that objects or heritage values have been directly subtracted from a specified person as a result of the offence, the criminal authority shall surrender them to the person entitled to it before the closure of the proceedings.

3 The return to the right of the objects and heritage values held in captivity that have not been previously released, their use to cover the costs or their confiscation shall be decided in the final decision.

4 If more than one person is claiming heritage objects or values to be released, the court may decide on their allocation.

5 The criminal authority may assign the objects or heritage values to a person and fix a time limit for the other claimants to bring a civil action.

6 If the person who is entitled is not known when the receiver is removed, the public prosecutor or the court shall publish the list of the objects and heritage values held in order for the persons concerned to be able to assert their rights. If, within five years of publication, no person has any rights in respect of the objects and heritage values held, they shall be acquired in the canton or at the Confederation.

Article 268 Cost Coverage Sequestrian

1 The assets of an accused may be sequestered to the extent necessary to cover:

A.
The procedural costs and allowances to be paid;
B.
Monetary penalties and fines.

2 In the case of the receiver, the criminal authority takes into account the income and fortune of the defendant and his family.

3 Heritage values that are elusive according to art. 92 to 94 of the Federal Act of April 11, 1889 on the Prosecution of Debts and Bankruptcy 1 Are excluded from the receiver.


Chapter 8 Secret monitoring measures

Section 1 Monitoring of correspondence by post and telecommunications

Art. 269 Conditions

1 The Public Prosecutor's Office may order the monitoring of correspondence by post and telecommunication under the following conditions:

A.
Serious suspicion presumes that one of the offences referred to in para. 2 was committed;
B.
This measure is justified in the light of the gravity of the offence;
C.
The measures taken so far in the course of the investigation have not been successful or the research would have no chance of success or would be exceedingly difficult in the absence of supervision.

2 Monitoring may be ordered for the purpose of prosecuting offences covered by the following provisions:

A. 1
CP 2 : art. 111 to 113, 115, 118, para. 2, 122, 124, 127, 129, 135, 138 to 140, 143, 144, par. 3, 144 Bis , ch. 1, para. 2, and c. 2, para. 2, 146 to 148, 156, 157, c. 2, 158, c. 1, para. 3, and c. 2, 160, 163, c. 1, 180, 181, 182 to 185, 187, 188, c. 1, 189 to 191, 192, para. 1, 195 to 197, 221, para. 1 and 2, 223, c. 1, 224, para. 1, 226, 227, c. 1, para. 1, 228, c. 1, para. 1, 230 Bis , 231, c. 1 3 , 232, c. 1, 233, c. 1, 234, para. 1, 237, c. 1, 238, para. 1, 240, para. 1, 242, 244, 251, c. 1, 258, 259, para. 1, 260 Bis To 260 D , 261 Bis , 264 to 267, 271, 272, c. 2, 273, 274, c. 1, para. 2, 285, 301, 303, c. 1, 305, 305 Bis , ch. 2, 310, 312, 314, 317, c. 1, 319, 322 Ter , 322 Cc And 322 Septies ;
B. 4
Federal Act of 16 December 2005 on Foreigners 5 : art. 116, para. 3, and 118, para. 3;
C.
Federal Act of 22 June 2001 on the Hague Convention on the Adoption and Protection of the Child in the Case of International Adoption 6 : art. 24;
D. 7
Federal Act of December 13, 1996 on War Material 8 : art. 33, para. 2, and 34 to 35 B ;
E.
Nuclear Energy Act of 21 March 2003 9 : art. 88, para. 1 and 2, 89, para. 1 and 2, and 90, para. 1;
F. 10
Act of 3 October 1951 on narcotic drugs 11 : art. 19, para. 2, and 20, para. 2;
G.
Act of 7 October 1983 on the protection of the environment 12 : art. 60, para. 1, let. G to i, m and o;
H.
Federal Act of December 13, 1996 on the control of property 13 : art. 14, para. 2;
I. 14
Act of 17 June 2011 on the encouragement of sport 15 : art. 22, para. 2;
J. 16
Financial Markets Infrastructure Act of 19 June 2015 17 : art. 154 and 155.

3 Where the judgment of an offence under a military jurisdiction is delegated to a civil court, the supervision of correspondence by post and telecommunication may also be ordered for the purpose of prosecuting offences Listed in s. 70, para. 2, of the military criminal procedure of 23 March 1979 18 .


1 New content according to the c. 2 of the Schedule to the FA of 27. 2013 (Conv. De Lanzarote), in force since 1 Er Jul. 2014 ( RO 2014 1159 ; FF 2012 7051 ).
2 RS 311.0
3 At the entry into force of the law of 28. 2012 on epidemics ( FF 2012 7543 ), art. 231, c. 1, becomes art. 231.
4 New content according to the c. II 7 of the annex to LF of 19 March 2010 on the organisation of the criminal authorities, in force since 1 Er Jan 2011 ( RO 2010 3267 ; FF 2008 7371 ).
5 RS 142.20
6 RS 211.221.31
7 New content according to the c. II of the PMQ of 16 March 2012, in force since 1 Er Feb 2013 ( RO 2013 295 ; FF 2011 5495 ).
8 RS 514.51
9 RS 732.1
10 Erratum of the Ass CoR. Fed. Of Sept. 19. 2011, published on 4 Oct. 2011 ( RO 2011 4487 ).
11 RS 812.121
12 RS 814.01
13 RS 946.202
14 Introduced by Art. 34 ch. 2 of the PMQ of 17 June 2011 on the encouragement of sport, in force since 1 Er Oct. 2012 ( RO 2012 3953 ; FF 2009 7401 ).
15 RS 415.0
16 Rectified by the drafting committee of the Ass. Fed. (art. 58, para. 1, LParl; RS 171.10 ). Introduced by ch. II 4 of the PMQ of 28. 2012 ( RO 2013 1103 ; FF 2011 6329 ). New content according to the c. 4 of the Annex to the L of 19 June 2015 on financial market infrastructure, in force since 1 Er Jan 2016 (RO) 2015 5339; FF 2014 7235).
17 RS 958.1
18 RS 322.1

Art. 270 Monitoring Object

Can be monitored by mailing address and telecommunication connection:

A.
The accused;
B.
Of a third party, if specific facts suggest:
1.
The accused uses the postal address or telecommunication connection of the third party to receive shipments and communications,
2.
That the third party receives specific communications on behalf of the accused or communications from the accused, whom the third party is responsible for retransmitting to other persons.
Art. 271 Protection of professional secrecy

1 In the case of supervision of a person belonging to one of the occupational categories listed in Art. 170 to 173, the sorting of information which does not relate to the subject matter of the investigation or the reason for which the person concerned is subject to supervision must be carried out under the direction of a court. This sort of thing is done in such a way that the criminal prosecution authorities are not aware of any professional secrecy.

2 Direct connection is only allowed under the following conditions:

A.
Serious suspicion is being placed on the holder of the professional secrecy;
B.
There are special reasons for this.

3 In the case of supervision of other persons, the information about which one of the persons mentioned in art. 170 to 173 could refuse to testify must be removed from the criminal proceedings and immediately destroyed; they cannot be exploited.

Art. 272 Authorization system and framework authorization

1 The supervision of correspondence by post and telecommunications is subject to the authorization of the court of constraint measures.

2 If the investigation establishes that the person who is the subject of the supervision of his or her correspondence by telecommunication changes the connection at close intervals, the court of coercive measures may exceptionally authorize that each Identified connection used by this person be monitored without new authorization (capital master). The Public Prosecutor's Office submits a report every month, as well as after the lifting of supervision, to the approval of the Court of Restraint Measures.

3 Where the monitoring of a connection subject to a framework authorisation requires precautionary measures to safeguard professional secrecy, which are not included in the framework authorisation, this monitoring must be carried out A separate application for authorization to the Tribunal for Restraint Measures.

Art. 273 Traffic and billing data and user identification

1 Where serious suspicion presumes that a crime, an offence or a violation within the meaning of s. 179 Septies CP 1 Has been committed and the conditions referred to in s. 269, para. 1, let. B and c, are fulfilled, the public prosecutor may require that he be provided:

A.
Data indicating when and with which persons or connections the person being monitored has been or is in connection by post or telecommunications;
B.
Traffic and billing data.

2 The order of supervision shall be subject to the authorization of the Court of Restraint Measures.

3 The data referred to in para. 1 may be requested retroactively for a period of not more than six months, regardless of the length of the monitoring period.


Art. 274 Authorization procedure

1 The public prosecutor shall transmit within 24 hours from the time the monitoring was ordered or the information provided, the following documents to the court of constraint measures:

A.
The order of supervision;
B.
A statement of reasons as well as the documents in the file that are determinative of the monitoring authorization.

2 The Court of Restraint Measures shall decide within five days from the time when the supervision was ordered or the information provided, giving a brief explanation of the reasons for its decision. It may authorize interim monitoring, attach conditions to the authorization, or request that the file be completed or further clarifications be made.

3 The Court of Restraint Measures shall immediately communicate its decision to the Public Prosecutor's Office and to 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 monitoring of correspondence by post and telecommunications 1 .

4 The authorization expressly states:

A.
Measures to safeguard professional secrecy must be taken;
B.
If direct connections can be made.

5 The Court of Restraint Measures shall grant the authorisation for a maximum of three months. The authorisation may be extended only for periods not exceeding three months. If the extension of the supervision is necessary, the public prosecutor shall request it before the expiry of the time limit, stating the reasons for the extension.


Art. 275 Survey Levée

1 The Public Prosecutor shall immediately lift the surveillance in the following cases:

A.
The requirements for its application are no longer met;
B.
The authorization or extension has been refused.

2 In the case referred to in para. 1, let. A, the Public Prosecutor shall communicate the lifting of the supervision to the Court of Restraint Measures.

Art. 276 Information not required for the procedure

1 Documents and recordings collected during duly authorised monitoring which are not necessary for the procedure must be kept separate and destroyed immediately after the closure of the procedure.

2 Mail-outs can be secured for as long as the criminal procedure requires, and they must be delivered to their addressees as soon as the stage of the procedure permits.

Art. 277 Information collected during unauthorized monitoring

1 Documents and records collected during unauthorized monitoring must be destroyed immediately. Mail-outs must be immediately given to their recipients.

2 Information collected during monitoring cannot be exploited.

S. 278 Incidental Discoveries

1 If, during surveillance, other offences that have been the subject of the surveillance order are discovered, the information collected may be used against the accused when surveillance could have been ordered. The pursuit of these acts.

1bis If, when monitoring within the meaning of s. 3 of the Federal Act of 6 October 2000 on the supervision of correspondence by post and telecommunications 1 , infringements are discovered, the information collected may be used under the conditions laid down in paras. 2 and 3. 2

2 Information concerning an offence for which the suspected perpetrator is not included in the order of supervision may be used when the conditions for monitoring the person are fulfilled.

3 In the cases referred to in paras. 1, 1 Bis And 2, the public prosecutor immediately orders the supervision and initiates the authorisation procedure. 3

4 Documents and recordings that cannot be used for incidental discoveries must be kept separate and destroyed immediately after the closure of the procedure.

5 All information collected during monitoring can be used to search for a person reported.


1 RS 780.1
2 Introduced by ch. II 7 of the annex to the PMQ of 19 March 2010 on the organisation of the criminal authorities, in force since 1 Er Jan 2011 ( RO 2010 3267 ; FF 2008 7371 ).
3 New content according to the c. II 7 of the annex to the PMQ of 19 March 2010 on the organisation of the criminal authorities, in force since 1 Er Jan 2011 ( RO 2010 3267 ; FF 2008 7371 ).

Art. 279 Communication

1 At the latest at the close of the preliminary proceedings, the public prosecutor shall communicate to the accused and to the third party who have been the subject of supervision within the meaning of Art. 270, let. B, the pattern, mode and duration of monitoring.

2 With the agreement of the Court of Restraint Measures, it is possible to postpone or waive the following conditions:

A.
The information collected is not used for evidentiary purposes;
B.
This is essential to protect the overriding public or private interests.

3 Persons whose telecommunications connection or mailing address have been supervised or those who have used the same connection or mailing address may bring an appeal in accordance with s. 393 to 397. The appeal period shall begin to run as soon as the communication is received.

Section 2 Other supervisory technical measures

Art. 280 Goals

The public prosecutor may use technical surveillance devices for the purposes of:

A.
Listening or recording non-public conversations;
B.
Observe or register actions taking place in places that are not public or are not freely accessible;
C.
Locate a person or thing.
Art. 281 Conditions and execution

1 The use of technical surveillance devices can only be ordered against the accused.

2 Premises or vehicles of third parties may be placed under surveillance only if there are determined facts to suggest that the defendant is in those premises or uses such vehicles.

3 The use of technical monitoring devices cannot be ordered for:

A.
Register for probationary purposes the behaviour of an accused person in custody;
B.
Monitor the premises or vehicles of a third party belonging to one of the occupational categories referred to in Art. 170 to 173.

4 In addition, the use of technical monitoring devices is regulated by s. 269 to 279.

Section 3 Compliance

Article 282 Conditions

1 The public prosecutor's office and, during the police investigation, the police can secretly observe people and things in freely accessible places and make audio and video recordings under the following conditions:

A.
They have concrete indications that crimes or offences have been committed;
B.
Other forms of investigation would have no chance of success or would be exceedingly difficult.

2 The prosecution of an observation ordered by the police beyond one month is subject to approval by the Public Prosecutor's Office.

Article 283 Communication

1 At the latest at the close of the preliminary proceedings, the public prosecutor shall communicate to the person who has been observed the reasons, the mode and the duration of the observation.

2 The communication is deferred or waived under the following conditions:

A.
The information collected is not used for evidentiary purposes;
B.
This is essential to protect the overriding public or private interests.

Section 4 Supervision of banking relations

S. 284 Principle

At the request of the public prosecutor, the court for coercive measures may authorise the supervision of relations between a bank or a similar institution and an accused, in order to elucidate crimes or offences.

Article 285 Executing

1 If the court for coercive measures is entitled to a request for supervision, it shall give the bank or similar institution written guidelines on:

A.
The type of information and documents to be provided;
B.
Measures to maintain the secrecy they must observe.

2 The bank or similar institution shall not be obliged to provide information or documents if the fact of making a deposit is likely to call them into question to the extent that they themselves:

A.
Could be made criminally liable;
B.
Could be made civilly liable and that the interest in protecting them outweighs the interest in criminal proceedings.

3 Persons who have the right to dispose of the account submitted for supervision are subsequently informed in accordance with Art. 279, para. 1 and 2.

4 Individuals whose banking relationships have been supervised can bring an appeal in accordance with s. 393 to 397. The appeal period begins to run as soon as the information is received.

Section 5 3 Secret Investigation

Article 285 A 1 Definition

There is a secret investigation when members of a police force or persons employed on a temporary basis to perform police duties falsely, under the guise of a false identity attested by a security (identity Of borrowing), contacts with individuals with the intention of establishing a relationship of trust with them, and infiltrating a criminal environment in order to elucidate particularly serious offences.


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

Article 286 Conditions

1 The Public Prosecutor's Office may order a secret investigation under the following conditions:

A.
Suspicions suggest that one of the offences referred to in para. 2 was committed;
B.
This measure is justified in the light of the gravity of the offence;
C.
The other investigations carried out so far have not been completed or the research, in the absence of the secret investigation, would have no chance of success or would be exceedingly difficult.

2 The secret investigation may be ordered for the purpose of prosecuting the offences covered by the following provisions:

A. 1
CP 2 : art. 111 to 113, 122, 124, 129, 135, 138 to 140, 143, al. 1, 144, para. 3, 144 Bis , ch. 1, para. 2, and c. 2, para. 2, 146, para. 1 and 2, 147, para. 1 and 2, 148, 156, 160, 182 to 185, 187, 188, c. 1, 189, para. 1 and 3, 190, para. 1 and 3, 191, 192, para. 1, 195, 196, 197, para. 3-5, 221, al. 1 and 2, 223, c. 1, 224, para. 1, 227, c. 1, para. 1, 228, c. 1, para. 1, 230 Bis , 231, c. 1 3 , 232, c. 1, 233, c. 1, 234, para. 1, 237, c. 1, 238, para. 1, 240, para. 1, 242, 244, para. 2, 251, c. 1, 260 Bis To 260 D , 264 to 267, 271, 272, c. 2, 273, 274, c. 1, para. 2, 301, 305 Bis , ch. 2, 310, 322 Ter , 322 Cc And 322 Septies ;
B. 4
Federal Act of 16 December 2005 on Foreigners 5 : art. 116, para. 3, and 118, para. 3;
C.
Federal Act of 22 June 2001 on the Hague Convention on the Adoption and Protection of the Child in the Case of International Adoption 6 : art. 24;
D. 7
Federal Act of December 13, 1996 on War Material 8 : art. 33, para. 2, and 34 to 35 B ;
E.
Nuclear Energy Act of 21 March 2003 9 : art. 88, para. 1 and 2, 89, para. 1 and 2, and 90, para. 1;
F. 10
Act of 3 October 1951 on narcotic drugs 11 : art. 19, para. 2, and 20, para. 2;
G.
Act of 13 December 1996 on the control of property 12 : art. 14, para. 2;
H. 13
Act of 17 June 2011 on the encouragement of sport 14 : art. 22, para. 2.

3 Where the judgment of an offence under a military jurisdiction is delegated to a civil court, the secret investigation may also be ordered for the purpose of prosecuting the offences listed in Art. 70, para. 2, of the military criminal procedure of 23 March 1979 15 .


1 New content according to the c. 2 of the Schedule to the FA of 27. 2013 (Conv. De Lanzarote), in force since 1 Er Jul. 2014 ( RO 2014 1159 ; FF 2012 7051 ).
2 RS 311.0
3 At the entry into force of the law of 28. 2012 on epidemics ( FF 2012 7543 ), art. 231, c. 1, becomes art. 231.
4 New content according to the c. II 7 of the annex to the PMQ of 19 March 2010 on the organisation of the criminal authorities, in force since 1 Er Jan 2011 ( RO 2010 3267 ; FF 2008 7371 ).
5 RS 142.20
6 RS 211.221.31
7 New content according to the c. II of the PMQ of 16 March 2012, in force since 1 Er Feb 2013 ( RO 2013 295 ; FF 2011 5495 ).
8 RS 514.51
9 RS 732.1
10 Erratum of the Ass CoR. Fed. Of Sept. 19. 2011, published on 4 Oct. 2011 ( RO 2011 4487 ).
11 RS 812.121
12 RS 946.202
13 Introduced by Art. 34 ch. 2 of the PMQ of 17 June 2011 on the encouragement of sport, in force since 1 Er Oct. 2012 ( RO 2012 3953 ; FF 2009 7401 ).
14 RS 415.0
15 RS 322.1

S. 287 Qualifications of the undercover agent

1 Can be designated as an undercover agent:

A.
A member of a police force;
B.
A person hired on a temporary basis to perform police duties, even if the person does not have the training of a police officer.

2 Only a member of a police force can be designated as a contact person.

3 When a member of a foreign police force is designated as an undercover officer, he or she is, as a general rule, the contact person he had previously had.

Art. 288 Identity of Borrowing and Guarantee of Anonymity

1 The police provide the undercover agent with a loan identity. 1

2 The public prosecutor can assure the undercover agent that his or her true identity will not be disclosed, even in proceedings before a court in which he or she appears as a person called to give information or witness. 2

3 If the undercover officer has been guilty of an offence as part of his or her mission, the Court of Restraint Measures decides which identity will be retained in the criminal proceedings.


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

Art. 289 Authorization procedure

1 The mission of an undercover officer shall be subject to the authorization of the court of constraint measures.

2 The Public Prosecutor's Office transmits within 24 hours to the court of constraint measures:

A.
The decision ordering the secret investigation;
B.
A statement of reasons, together with the documents necessary for the granting of the authorisation.

3 The Court of Restraint Measures shall make a decision within five days from the time when the secret investigation was ordered and gives a brief explanation of the grounds. It may authorise the secret investigation on a provisional basis, attach conditions to the authorisation, or request that the case be completed or further clarifications be made.

4 The authorization must state explicitly if:

A.
Acts may be established or modified in order to establish a borrowing identity or to retain that identity;
B.
The anonymity of the undercover agent can be guaranteed;
C.
A person who does not have police training may be designated.

5 Authorisation may be granted for up to one year. It can be extended several times, each time up to six months. Before the expiry of the authorisation, the public prosecutor shall, if necessary, request the extension and indicate the reasons for the request.

6 The public prosecutor shall terminate the mission without delay if the authorisation is not granted or if no authorisation has been requested. All documents and records established during the investigation must be destroyed immediately. The information collected in the framework of the secret investigation cannot be exploited.

Art. 290 Pre-Mission Instructions

The public prosecutor shall give the necessary instructions to the contact person and the undercover agent before the start of the mission.

S. 291 Contact Person

1 During the duration of the mission, the undercover agent is directly subject to the instructions of the contact person. During the duration of the mission, exchanges between the public prosecutor and the undercover agent are carried out exclusively through the contact person.

2 In particular, the contact person has the following tasks:

A.
Accurately and continuously educates the undercover officer on his or her mission, duties, and the manner in which he or she must use his or her identity;
B.
Leads and supports the undercover agent and constantly assesses risks;
C.
Records verbally given accounts and maintains a complete record of the mission;
D.
It provides the public prosecutor with ongoing and complete information on the conduct of the mission.
S. 292 Obligations of the undercover agent

1 The undercover agent accomplishes his or her mission by complying with the instructions.

2 It reports in full and on a regular basis to the contact person.

Art. 293 Scope of the intervention

1 It is forbidden for an undercover agent to encourage a third party to commit offences in general or to incite them to commit more serious offences. Its intervention must be limited to the implementation of an existing decision to proceed to the act.

2 The activity of an undercover agent must have only a minor impact on the decision of a third party to commit a specific offence.

3 If this is necessary in order to prepare the main market, the undercover agent is entitled to carry out probationary purchases and demonstrate his economic capacity.

4 If the undercover officer has exceeded the limits of the authorized mission, the judge shall take appropriate account of it when setting the sentence; it may also release the person so influenced.

Art. 294 Interventions in the prosecution of drug offences

An undercover officer who acts in the course of a duly authorized secret investigation is not punishable under s. 19 and 20 to 22 of the Narcotic Control Act of 3 October 1951 1 .


S. 295 Amounts needed to conclude a fictitious market

1 At the request of the Public Prosecutor's Office, the Confederation may, through the National Bank, make available to the undercover agent the amounts it needs to enter into fictitious contracts and to demonstrate its economic capacity, In the form and quantity required.

2 The request, together with a brief description of the case, should be addressed to the Federal Police Office.

3 The public prosecutor shall take the necessary security measures to safeguard the amounts made available. The Confederation or the canton of which the public prosecutor has applied for the funds is responsible for the loss of the funds.

Art. Incidental Findings

1 Where, in the context of a secret investigation, the undercover agent learns of the existence of infringements not included in the decision to order this investigation, this information may be used to the extent that a secret investigation Could have been ordered to establish these new facts.

2 The Public Prosecutor shall, without delay, issue a decision ordering the secret investigation and initiate the authorisation procedure.

Art. End of mission

1 The Public Prosecutor shall immediately terminate the secret investigation in the following cases:

A.
The conditions are no longer met;
B.
The competent authority has refused to grant or extend the authorisation;
C.
The undercover agent or contact person does not follow the instructions or in any way does not comply with his or her obligations, in particular by knowingly inducing the public prosecutor in error.

2 In the cases referred to in para. 1, let. A and c, the public prosecutor communicates the end of the mission to the court of constraint measures.

3 At the end of the mission, it is necessary to ensure that neither the undercover agent nor other persons involved in the investigation are unnecessarily exposed to dangers.

Art. 298 Communication

1 At the latest at the close of the preliminary proceedings, the public prosecutor informs the accused that he has been the subject of a secret investigation.

2 With the agreement of the Court of Restraint Measures, it is possible to postpone or waive the following conditions:

A.
The evidence collected is not used for evidentiary purposes;
B.
This is essential for the protection of overriding public or private interests.

3 Persons who have been the subject of a secret investigation may bring an appeal in accordance with art. 393 to 397. The appeal period shall begin to run as soon as the communication is received.

Section 5 A 4 Secret Searches

Art. 298 A Definition

1 Secret searches consist, for members of a police force, of trying to elucidate crimes or offences in the context of short-term interventions where their identity and function are not recognisable, in particular by concluding Fictitious transactions or the illusion of wanting to enter into such transactions.

2 Agents assigned to secret searches do not have a loan identity within the meaning of s. 285 A Their true identity and function are included in the procedural files and are disclosed during hearings.

Art. 298 B Conditions

1 The Public Prosecutor's Office and, during the police investigation, the police may order secret searches on the following conditions:

A.
Suspicion that a crime or an offence has been committed;
B.
The investigative measures taken or the investigations carried out so far have not been completed or the investigation, in the absence of secret searches, would have no chance of success or would be exceedingly difficult.

2 The prosecution of secret searches ordered by the police beyond one month is subject to the authorisation of the public prosecutor.

Art. 298 C Required qualifications of the agent for secret searches and implementing procedures

1 Art. 287 shall apply mutatis mutandis to the qualifications of the agent assigned to secret searches. It is excluded from assigning persons within the meaning of s. 287, para. 1, let. B, in secret searches.

2 Art. 291 to 294 apply by analogy to the subordination, tasks and duties of the police officer assigned to the secret searches and the contact person.

Art. 298 D End of Research and Communication

1 The authority that ordered the secret searches terminates immediately in the following cases:

A.
The conditions are no longer met;
B.
The prosecution refused to allow the prosecution of the secret searches ordered by the police;
C.
The agent assigned to the secret research or the contact person does not follow the instructions given or in any other way does not comply with his obligations, in particular by knowingly misleading the public prosecutor or by influencing The person in question.

2 The police inform the public prosecutor of the end of secret searches.

3 At the end of the intervention, it is necessary to ensure that the agent assigned to the secret searches is not unnecessarily exposed to dangers.

4 Art. 298, para. 1 and 3 shall apply mutatis mutandis to the communication addressed to the person concerned.

Title 6 Preliminary procedure

Chapter 1 General provisions

Art. Definition and Purpose

1 The preliminary procedure consists of the procedure for the investigation of the police and the investigation conducted by the public prosecutor.

2 Where there is suspicion that an offence has been committed, investigations are carried out and evidence administered in the preliminary proceedings to determine whether:

A.
A criminal order must be issued against the accused;
B.
The accused must be charged;
C.
The procedure must be classified.
Art. 300 Introduction

1 The preliminary procedure is introduced:

A.
By police investigations;
B.
By the opening of an inquiry by the public prosecutor.

2 The introduction of the preliminary procedure is not subject to appeal, unless the defendant claims that it violates the prohibition of double prosecution.

Art. 301 Right to denounce

1 Everyone has the right to report offences to a criminal prosecution authority, in writing or orally.

2 The criminal prosecution authority shall inform the whistleblower, at its request, of the further action it has given to its denunciation.

3 The whistleblower who is neither injured nor a complainant has any other right in the proceedings.

Art. 302 Obligation to denounce

1 The criminal authorities are obliged to report to the competent authorities all offences which they have found in the course of their duties or which have been announced to them if they are not competent to prosecute them.

2 The obligation to report on members of other authorities is regulated by the Confederation and the cantons.

3 Persons who have the right to refuse to file or to testify under s. 113, para. 1, 168, 169 and 180, para. 1, are not subject to the obligation to denounce.

Article 303 Prosecutions and prosecutions subject to authorization

1 In the case of proceedings which are only initiated on a complaint or which are subject to authorisation, the preliminary proceedings shall be instituted only where the criminal complaint is lodged or the authorisation has been given.

2 The competent authority may, before the lodging of the criminal complaint or the granting of the authorisation, take the provisional measures which do not suffer any delay.

S. 304 Form of criminal complaint

1 The criminal complaint must be lodged with the police, the prosecutor's office or the criminal authority responsible for ticketing, in writing or orally; in the latter case, it is recorded in the Minutes.

2 Withdrawal of a complaint or withdrawal of the criminal complaint shall be subject to the same formal requirements.

Art. 305 1 Victim Information and Case Announcement 2

1 At the first hearing, the police or the public prosecutor shall inform the victim in detail about his or her rights and duties in criminal proceedings.

2 The police or the public prosecutor's office provides the victim with information about:

A.
The addresses and tasks of the consultation centres;
B.
The possibility of soliciting various benefits under the aid of victims;
C.
The time limit for submitting a claim for compensation and moral compensation;
D. 3
The right under s. 92 A CP to request information on the decisions and facts relating to the execution of a sentence or action by the convicted person.

3 The police or public prosecutor shall communicate the name and address of the victim to a consultation centre as long as the latter consents.

4 The s. 1 to 3 apply by analogy to relatives of the victim.

5 The record of this Article shall be recorded in the Minutes.


1 New content according to the c. II 7 of the annex to the PMQ of 19 March 2010 on the organisation of the criminal authorities, in force since 1 Er Jan 2011 ( RO 2010 3267 ; FF 2008 7371 ).
2 New content according to the c. I 3 of the PMQ of 26 seven. 2014 on the right of the victim to be informed, in force since 1 Er Jan 2016 ( RO 2015 1623 ; FF 2014 863 885).
3 Introduced by c. I 3 of the PMQ of 26 seven. 2014 on the right of the victim to be informed, in force since 1 Er Jan 2016 ( RO 2015 1623 ; FF 2014 863 885).

Chapter 2 Police investigation

Art. 306 Font Tasks

1 In the course of its investigations, the police establish the facts of the offence; in so doing, it is based on the denunciations, the directives of the Public Prosecutor's Office or its own findings.

2 In particular, the police must:

A.
Security and analysis of traces and evidence;
B.
Identify and interrogate the injured and the suspects;
C.
Apprehend and arrest suspects or find them if necessary.

3 Subject to specific provisions of this Code, the police shall observe in its activity provisions applicable to education, evidence and coercive measures.

Article 307 Collaboration with Public Prosecution

1 The police shall inform the public prosecutor without delay of serious infringements and other serious events. The public ministries of the Confederation and the cantons may issue directives on the obligation to inform.

2 The Public Prosecutor's Office may, at any time, issue directives and assign mandates to the police or seize a case. In the cases referred to in para. 1, the Public Prosecutor's Office conducts, as far as possible, the first important hearings.

3 The police regularly prepare written reports on the measures it has taken and the findings it has made and forward them immediately after its investigations to the Public Prosecutor's Office with the reports, the minutes, the other Parts, as well as security objects and values.

4 It may waive the following conditions:

A.
There is clearly no substance to other procedural acts on the part of the public prosecutor;
B.
No coercive measures or other formal investigation measures have been carried out.

Chapter 3 Education by the Public Prosecutor

Section 1 Tasks of the Public Prosecutor

Article 308 Definition and Purpose of Training

1 The public prosecutor shall establish during the inquiry the statement of fact and the legal assessment of the case so that it can put an end to the preliminary proceedings.

2 If an indictment or a criminal order is to be expected, it establishes the personal circumstances of the accused.

3 In the case of an indictment, the prosecution must provide the court with the essential elements that enable it to judge the accused's guilt and fix the sentence.

Art. 309 Opening

1 The Public Prosecutor's Office opens the following:

A.
When it is apparent from the police report, reports or its own findings of sufficient suspicion that an offence has been committed;
B.
When ordering coercive measures;
C.
When he or she is informed by the police pursuant to s. 307, para. 1.

2 It may refer to the police for further investigation, reports and denunciations that do not clearly establish the suspicion.

3 The prosecution is opened by an order in which it designates the accused and the offence attributed to him or her. The order does not have to be reasoned or notified. It is not subject to appeal.

4 The Public Prosecutor's Office renounces the opening of an instruction when it immediately makes a non-entry order or a criminal order.

Art. 310 Non-Entry Order in Respect of

1 The Public Prosecutor's Office shall immediately make an order of non-entry in the matter if the denunciation or the police report indicates:

A.
That the constituent elements of the offence or the conditions for opening the criminal proceedings are manifestly not met;
B.
There are impediments to proceeding;
C.
The conditions set out in s. 8 require that the opening of a criminal prosecution be waived.

2 In addition, the provisions on the classification of the procedure are applicable.

Section 2 Conduct of education

Art. 311 Evidence Administration and Training Extension

1 Prosecutors themselves collect the evidence. The Confederation and the cantons determine the extent to which they can entrust specific training to their collaborators.

2 The prosecution can extend the training to other defendants and other offences. Art. 309, para. 3, is applicable.

Article 312 Mandates of the Public Prosecutor's Office

1 Even after the opening of the investigation, the public prosecutor may charge the police with additional investigations. It gives it written, verbal guidelines in the event of an emergency, which are limited to precisely defined investigative acts.

2 When instrucing the police to conduct interrogations, participants in the proceedings shall enjoy the rights granted in the hearings conducted by the Public Prosecutor's Office.

Art. 313 Administration of evidence in relation to civil findings

1 The Public Prosecutor's Office shall administer the evidence necessary to rule on the civilian findings to the extent that it does not significantly extend or delay the proceedings.

2 He may make the filing of a cost advance by the complaining party the administration of evidence that first serves to support the civil claim.

Art. 314 Suspension

1 The public prosecutor may suspend an instruction, including:

A.
Where the author or his place of residence is unknown or there are temporary impediments to proceeding;
B.
Where the outcome of the criminal proceedings depends on another trial which it seems advisable to wait for the end;
C.
Where the case is the subject of a conciliation procedure, which it seems appropriate to wait for the end;
D.
When a decision depends on the future development of the consequences of the offence.

2 In the case referred to in para. 1, let. C, the suspension is limited to three months; it may be extended only once by three months.

3 Before deciding on the suspension, the public prosecutor administers the evidence which is to be feared to disappear. When the author or his/her place of residence is unknown, the author implements the research.

4 The prosecutor's decision to suspend the proceedings is communicated to the complainant and the victim.

5 In addition, the procedure is governed by the provisions applicable to classification.

Art. 315 Resume Statement

1 The Public Prosecutor's Office shall automatically resume a suspended instruction when the reason for the suspension has disappeared.

2 The resumption of training is not subject to appeal.

Section 3 Conciliation

Art. 316

1 Where the preliminary proceedings relate exclusively to offences prosecuted on the basis of a complaint, the public prosecutor may quote the complainant and the defendant at a hearing in order to reach an amicable settlement. If the complainant fails, the complaint is considered withdrawn.

2 If an exemption from punishment under s. 53 CP 1 The Public Prosecutor's Office quotes the injured party and the defendant at a hearing in order to achieve a remedy.

3 If conciliation succeeds, mention must be made of the minutes signed by the participants. The public prosecutor then classis the procedure.

4 If the accused fails at a hearing under para. 1 or 2 or if the attempt at conciliation is unsuccessful, the prosecution shall conduct the inquiry without delay. It may, in duly justified cases, require the complainant to pay security rights and allowances within ten days.


Section 4 Closure of education

Art. Final Hearing

In large and complex preliminary procedures, the public prosecutor will hear the accused one last time before closing the investigation and invite him to comment on the results of the investigation.

Art. 318 Closure

1 In the opinion that the education is complete, the public prosecutor makes a criminal order or informs in writing the parties whose domicile is known to the next closure of the education and indicates whether he intends to make an order for the Charges or a ranking order. At the same time, it sets a deadline for the parties to submit their request for evidence.

2 The Public Prosecutor's Office may not rule out a request for evidence unless it requires the administration of evidence on facts which are not relevant, well known, known to the criminal authority or already sufficiently proven in law. He makes his decision in writing and motivates him briefly. The requisitioning of rejected evidence can be repeated in the context of the debates.

3 The information referred to in para. 1 and the decisions made under para. 2 are not subject to appeal.

Chapter 4 Classification and indictment

Section 1 Classification

Art. 319 Grading Grounds

1 The Public Prosecutor shall order the classification of all or part of the procedure:

A.
Where there is no evidence to justify a charge;
B.
Where the constituent elements of an offence are not met;
C.
Where evidence prevents the withholding of an offence against the accused;
D.
Where it is established that certain conditions for the opening of the criminal proceedings cannot be fulfilled or that impediments to proceedings have arisen;
E.
When any prosecution or sanction can be renounced under legal provisions.

2 Exceptionally, the public prosecutor may also classify the procedure under the following conditions:

A.
The interest of a victim who was under the age of 18 at the date of the commission of the offence is compelling, and the ranking clearly outweighs the State's interest in criminal prosecution;
B.
The victim or, if not able to discernment, his or her legal representative consented to the classification.
Art. 320 Order of Classification

1 The form and general contents of the order for classification are governed by s. 80 and 81.

2 The public prosecutor raises in the order for classification the measures of constraint in force. It may order the confiscation of objects and heritage values.

3 Civilian findings are not dealt with in the ranking order. The civil route is open to the complainant as soon as the order is entered into force.

4 A classification order entered into force is equivalent to an acquittal.

Article 321 Notification

1 The Public Prosecutor shall notify the order of classification:

A.
The parties;
B.
To the victim;
C.
Other participants in the proceedings affected by the delivery;
D.
Where appropriate, to the other authorities designated by the cantons, where they have a right of appeal.

2 The express waiver of a participant in the proceedings shall be reserved.

3 In addition, s. 84 to 88 shall apply mutatis mutandis.

S. 322 Approval and means of redress

1 The Confederation and the cantons may have that classification orders must be approved by a first prosecutor or by a public prosecutor.

2 The parties may attack the order within ten days before the appeal authority.

Article 323 Resumption of the preliminary procedure

1 The Public Prosecutor's Office shall order the resumption of a preliminary procedure terminated by an order for classification entered into force if it becomes aware of new evidence or new facts which satisfy the following conditions:

A.
They reveal a criminal liability of the accused;
B.
They do not stand out from the previous record.

2 The public prosecutor shall notify the persons and authorities to whom the order for classification has been notified of the resumption of the procedure.

Section 2 Chargework

Art. 324 Principles

1 The prosecution shall be charged by the prosecution before the competent court where it considers that the suspicions established on the basis of the investigation are sufficient and that a criminal order cannot be made.

2 The indictment is not subject to appeal.

Article 325 Contents of the indictment

1 The indictment refers to:

A.
The place and the date of its establishment;
B.
The public prosecutor's office;
C.
The court to which it is addressed;
D.
The names of the accused and his counsel;
E.
The name of the injured party;
F.
As briefly as possible, but with precision, the acts complained of to the accused, the place, the date and time of their commission and their consequences and the method of proceeding with the author;
G.
The infringements carried out and the applicable legal provisions of the opinion of the Public Prosecutor's Office.

2 The Public Prosecutor's Office may submit an alternative indictment or, for the case where its main findings are dismissed, a subsidiary indictment.

Art. 326 Other information and proposals

1 The public prosecutor shall inform the court of the following information and proposals as long as they do not stand out from the indictment:

A.
The names of the complainants and their possible civil conclusions;
B.
Ordered stress measures;
C.
Objects and values held;
D.
The cost of the instruction;
E.
Possible requisitions for the delivery of detention on security grounds;
F.
Proposals for sanctions or the announcement that these proposals will be presented to the debate;
G.
Its proposals for subsequent judicial decisions;
H.
His request to be quoted in the debates.

2 Where he does not support the prosecution in person before the court, the public prosecutor may attach to his indictment a final report intended to clarify the facts and also contain an assessment of the evidence.

Article 327 Notification of the indictment

1 The Public Prosecutor's Office shall without delay notify the indictment and any final report:

A.
Defendants whose place of residence is known;
B.
The complainants;
C.
To the victim;
D.
The court of competent jurisdiction, with the record and the objects and heritage values held.

2 When the public prosecutor requires detention for reasons of security, he also communicates a copy of the charge sheet to the court of constraint measures with his requisitions.

Title 7 Procedure of first instance

Chapter 1 Litispendance, preparation of debates, general provisions on debates

Art. 328 Litispendance

1 The receipt of the indictment by the court creates the lis pendens.

2 With the birth of lis pendens, the powers go to court.

Art. 329 Review of charge, suspension and classification

1 The procedure directorate reviews:

A.
The indictment and file are established on a regular basis;
B.
Whether the conditions for the opening of public action are fulfilled;
C.
There are impediments to proceeding.

2 If it appears in this examination or later during the proceedings that a judgment on the merits cannot yet be made, the court shall suspend the proceedings. If necessary, it will refer the charge to the public prosecutor for completeness or correction.

3 The court decides whether a suspended case remains pending before it.

4 Where a judgment cannot be definitively handed down, the court shall classify the proceedings, after granting the right to be heard to the parties and to third parties affected by the classification decision. Art. 320 is applicable by analogy.

5 If the procedure is to be classified only on certain points of the accusation, the order may be issued at the same time as the judgment.

S. 330 Preparation of the debates

1 Where it is necessary to enter the matter on the charge, the Directorate of Procedure shall without delay take the necessary steps to proceed to the proceedings.

2 If the court is collegial, the management of the proceedings puts the file into circulation.

3 The management of the procedure informs the victim of his or her rights if the criminal prosecution authorities have not yet done so; s. 305 shall apply mutatis mutandis.

Art. 331 Fixing of the debates

1 The direction of the proceedings shall determine the evidence to be administered during the proceedings. It shall communicate to the parties the composition of the court and the evidence to be administered.

2 At the same time it establishes a time limit for the parties to present and justify their requisition of evidence by drawing their attention to the costs and allowances caused by the failure to comply with the time limit.

3 It shall inform the parties of the requisitioning of evidence which it has rejected, giving a brief explanation of its decision. It is not subject to appeal; however, the requisitioning of rejected evidence may be resubmitted to the proceedings.

4 The management of the proceedings shall determine the date, time and place of the proceedings and shall cite the parties, witnesses, persons called to provide information and the experts to be heard.

5 It shall make a final decision on requests for postponement before the start of the debates.

S. 332 Preliminary Debates

1 The procedural direction may cite the parties at a preliminary hearing to resolve organizational matters.

2 She may cite the parties prior to the proceedings at a conciliation hearing pursuant to s. 316.

3 Where it is foreseeable that the administration of evidence will be impossible, the management of the procedure may proceed with the advance administration, task a delegation of the court or, in the event of an emergency, the public prosecutor's office, or Continue to do so by means of mutual legal assistance. The parties must be able to participate in such an administration of evidence.

Art. 333 Modification and Additions of the Charge

1 The court shall give the public prosecutor the opportunity to amend the charge when it considers that the facts set out in the indictment could bring together the constituent elements of another offence, but that the indictment does not Legal requirements.

2 Where it appears during the debates that the accused has committed further offences, the court may authorize the public prosecutor to complete the charge.

3 The prosecution cannot be completed where it would unduly complicate the proceedings, alter the jurisdiction of the court, or if there is evidence of complicity or participation in the offence. In such cases, the Public Prosecutor shall open a preliminary procedure.

4 The court may base its judgment on an amended or completed charge only if the rights of party of the accused and the complainant have been respected. If necessary, it shall interrupt the debates to that effect.

S. 334 Divestment

1 Where the court reaches the conclusion that the case pending before it may result in a sentence or a measure exceeding its jurisdiction, it shall forward the case to the competent court, at the latest at the end of the pleadings. This has resumed the evidentiary procedure from the beginning.

2 Divestiture is not subject to appeal.

Chapter 2 Debates

Section 1 Tribunal and procedure participants

Art. 335 Composition of the tribunal

1 The court shall sit during all debates in its legal composition; it shall be assisted by a Registrar.

2 If, during the debates, a judge is to be missed, all the debates must be resumed unless the parties give up.

3 The Directorate of Procedure may order that an alternate judge shall attend the proceedings from the beginning, to replace, where appropriate, a defaulting member of the court.

4 If the court is to be aware of an offence against sexual integrity, it must, at the request of the victim, include at least one person of the same sex as the victim. Before the single judge, there may be exceptions to this rule, where the offence involves victims of both sexes.

S. 336 Prerequisites, ex officio defence and compulsory defence

1 The accused must take part in the debates in person in the following cases:

A.
Suspected of having committed a crime or a crime;
B.
The management of the proceedings orders his personal appearance.

2 In the case of compulsory defence or defence, the defender shall be required to participate personally in the proceedings.

3 The management of the proceedings may exempt the accused, at his or her request, from appearing in person when he or she makes substantial grounds and his presence is not indispensable.

4 If the accused does not appear without an excuse, the provisions governing the default procedure shall apply.

5 If, in the case of compulsory defence or defence, the defender does not appear, the proceedings shall be adjourned.

S. 337 Public Prosecution

1 The public prosecutor may submit written proposals to the court or appear in person at the bar.

2 It is not linked to the legal assessment of the facts as it appears from the indictment or to the proposals it contains.

3 The Public Prosecutor's Office is obliged to support the prosecution in person in court when it requires a custodial sentence of more than one year or a measure resulting in deprivation of liberty.

4 In addition, the management of the proceedings may, where it considers it necessary, require the public prosecutor to support the charge in person.

5 If the Public Prosecutor's Office does not appear in person while it is held, the proceedings shall be adjourned.

Art. 338 Complainant and third parties

1 At the request of the complaining party, the direction of the proceedings may exempt him from appearing personally, when his presence is not necessary.

2 The third party concerned by a confiscation order has the right not to appear personally.

3 If the complainant or the third party targeted by a confiscation order does not appear personally, they may be represented or put forward written proposals.

Section 2 Beginning of the debate

Article 339 Opening, questions for preliminary rulings and incidental questions

1 The direction of the proceedings opens the debates, gives knowledge of the composition of the court and finds the presence of the persons summoned to appear.

2 The court and the parties may then raise questions for a preliminary ruling, in particular concerning:

A.
The validity of the act of accusation;
B.
The conditions for the opening of public action;
C.
Impediments to proceeding;
D.
The record and evidence collected;
E.
Advertising of debates;
F.
Split the debates into two parts.

3 After hearing the parties present, the Court shall decide immediately on the questions referred for a preliminary ruling.

4 If the parties raise incidental questions during the proceedings, the court shall treat them as questions for a preliminary ruling.

5 In dealing with questions referred for a preliminary ruling or incidental questions, the court may, at any time, adjourn the proceedings to complete the case or evidence or to entrust the public prosecutor with such additions.

Art. 340 Continuation of the debates

1 The fact that the questions referred have been dealt with has the following effects:

A.
Debates must be brought to an end without unnecessary interruption;
B.
The prosecution can no longer be withdrawn or amended, s. 333 being reserved;
C.
The parties whose presence is mandatory cannot leave the proceedings without the permission of the court; the departure of a party does not interrupt the proceedings.

2 After any questions have been referred for a preliminary ruling, the Directorate of Procedure shall communicate the conclusions of the Public Prosecutor's Office, unless the parties waive it.

Section 3 Probationary procedure

Art. 341 Hearings

1 The management of the proceedings or a member of the court appointed by the court shall conduct the hearings.

2 The other members of the court and the parties may ask further questions through the management of the proceedings or, with the permission of the parties, to ask them themselves.

3 At the beginning of the evidentiary procedure, the management of the proceedings questions the accused in detail on his person, on the charge and on the results of the preliminary proceedings.

Art. 342 Split of debates into two parts

1 The court, ex officio or at the request of the accused or the public prosecutor, may split the proceedings into two parts and decide:

A.
In the first part, it will deal only with the question of the facts and the question of guilt and, in the second part, the consequences of a conviction or acquittal;
B.
In the first part, it will only deal with the question of the facts and, in the second part, the question of the guilt and consequences of a conviction or acquittal.

2 The decision to split the debates is not subject to appeal.

3 Where the procedure is split, the personal situation of the accused may be the subject of debate only in the case of a conviction, unless it is relevant to the settlement of the constituent elements, objectives And subjective, of the offence.

4 Decisions on the facts and guilt of the accused shall be notified after the deliberations of the court; however, they may be appealed only after the full judgment has been rendered.

S. 343 Evidence Administration

1 The court shall administer new evidence or complete the evidence administered inadequately.

2 The Court reiterates the administration of the evidence which, in the preliminary proceedings, has not been properly administered.

3 It reiterates the administration of the evidence which, in the preliminary proceedings, has been properly administered where the direct knowledge of the means of evidence appears necessary for the judgment to be delivered.

S. 344 Divergent legal assessment

Where the court intends to depart from the public prosecutor's legal assessment of the statement of fact in the indictment, the court shall inform the parties present and invite them to decide.

Art. 345 Closure of the probationary procedure

Before closing the evidentiary procedure, the court gives the parties an opportunity to propose the administration of new evidence.

Section 4 Pleadings and closing of the proceedings

Article 346 Order of pleadings

1 At the end of the probationary procedure, the parties present and motivate their proposals. The pleadings are held in the following order:

A.
The public prosecutor;
B.
The complainant;
C.
Third parties affected by a measure of forfeiture within the meaning of s. 69 to 73 CP 1 ;
D.
The defendant or his/her advocate.

2 The parties are entitled to a second argument.


S. 347 End of pleadings

1 At the end of the pleadings, the accused has the right to speak one last time.

2 The management of the proceedings shall then declare the proceedings closed.

Section 5 Judgement

Article 348 Proceedings

1 After the closure of the proceedings, the court shall withdraw to deliberate in camera.

2 The Registrar shall take part in the deliberation with a consultative vote.

S. 349 Supplement to Evidence

When the case is not in a state of trial, the court decides to complete the evidence and then resume the proceedings.

Art. 350 Latitude in the assessment of the accused; Basis of judgment

1 The court is bound by the state of affairs described in the indictment but not by the legal assessment made by the public prosecutor.

2 It takes into account the evidence given during the preliminary proceedings and in the debates.

Art. 351 Pronounced and Notification of Judgment

1 When the court is in a position to deal materially with the charge, it makes a judgment on the accused's guilt, sanctions and other consequences.

2 The court shall render its judgment on each point by a simple majority. Each member is required to vote.

3 The court shall notify its judgment in accordance with Art. 84.

Title 8 Special procedures

Chapter 1 Proceedings of the Criminal Order and Contraventions Procedure

Section 1 Criminal order procedure

Art. 352 Conditions

1 The public prosecutor makes a criminal order if, during the preliminary proceedings, the defendant admitted the facts or that the facts are established and that, including a possible revocation of a stay or conditional release, he considers it sufficient One of the following penalties:

A.
A fine;
B.
A penalty of 180 days or more;
C.
Work of general interest of 720 hours or more;
D.
A custodial sentence of up to six months.

2 Each of these penalties may be ordered in conjunction with a measure within the meaning of s. 66 and 67 E To 73 CP 1 . 2

3 The penalties provided for in para. 1, let. B to d, may be ordered together if the entire sentence does not exceed a custodial sentence of six months. A fine may be imposed in addition.


1 RS 311.0
2 New content according to the c. 1 of the annex to the PMQ of Dec 13. 2013 on the prohibition of carrying on an activity, the prohibition of contact and the geographical prohibition, in force since 1 Er Jan 2015 ( RO 2014 2055 ; FF 2012 8451 ).

Art. 353 Contents and Notification of the Criminal Order

1 The Criminal Ordinance contains the following information:

A.
The designation of the authority making it;
B.
The identity of the accused;
C.
The facts charged to the accused;
D.
Offences committed;
E.
The sanction;
F.
Briefly stating the reasons for revoking a stay or conditional release;
G.
Expenses and allowances;
H.
The reference to the objects and heritage values held in return or to be confiscated;
I.
An indication of the right to oppose and the consequences of a default;
J.
The place and date of the establishment of the order;
K.
The signature of the person who made the order.

2 If the defendant has acknowledged the civil claims of the complainant, reference is made in the criminal order. Claims that have not been recognized are referred to the civil trial.

3 The criminal order shall be immediately notified in writing to the persons and authorities who have standing to form an opposition.

Art. 354 Opposition

1 May form an opposition against the criminal order before the public prosecutor, in writing and within ten days:

A.
The accused;
B.
Other persons concerned;
C.
If intended, the first prosecutor or the chief prosecutor of the Confederation or the canton, in the context of the relevant criminal procedure.

2 The opposition must be motivated, with the exception of the defendant.

3 If no opposition is validly formed, the criminal order is deemed to be in force.

Art. Procedure in case of opposition

1 In the case of opposition, the public prosecutor shall administer the other evidence necessary for the judgment of the opposition.

2 If the opponent, without apology, fails to hear a hearing despite a quotation, his opposition shall be deemed to be withdrawn.

3 After the administration of the evidence, the public prosecutor decides:

A.
Maintain the criminal order;
B.
Classify the procedure;
C.
Make a new criminal order;
D.
To bring the charge before the court of first instance.
Art. 356 Procedure before the Court of First Instance

1 When it decides to maintain the criminal order, the public prosecutor shall promptly transmit the case to the court of first instance for the purpose of the proceedings. The criminal order takes place as a charge.

2 The Court of First Instance shall rule on the validity of the criminal order and the opposition.

3 The opposition may be withdrawn until the outcome of the pleadings.

4 If the opponent fails in the proceedings without being excused and without being represented, his opposition shall be deemed to be withdrawn.

5 If the criminal order is invalid, the court will cancel it and refer the case back to the public prosecutor for a new preliminary procedure.

6 If the opposition relates only to costs and allowances or other incidental consequences, the court shall act in writing, unless the opponent expressly requests the proceedings.

7 If criminal orders on the same facts have been made against several persons, s. 392 shall apply mutatis mutandis.

Section 2 Criminal procedure for ticketing

Article 357

1 Where administrative authorities are established for the prosecution and judgment of the tickets, they shall have the powers of the public prosecutor.

2 The provisions on the criminal order shall apply mutatis mutandis to the criminal proceedings in respect of tickets.

3 If the constituent elements of the ticket are not fulfilled, the criminal authority responsible for ticketing shall order the proceedings to be classified by a reasoned order.

4 If the criminal authority responsible for ticketing breaches the state of fact that the offence committed is a crime or a crime, it shall transmit the case to the public prosecutor.

Chapter 2 Simplified procedure

Article 358 Principles

1 Up to the point of indictment, the defendant who has recognised the decisive facts for the legal assessment and, at least in principle, civil claims may request the execution of a simplified procedure in the Public Prosecutor's Office.

2 The simplified procedure is excluded where the public prosecutor requires a custodial sentence of more than five years.

Article 359 Opening of the proceedings

1 The public prosecutor shall decide definitively on the execution of the simplified procedure. He is not required to give reasons for his decision.

2 The public prosecutor shall notify the execution of the simplified procedure to the parties and fix the complainant with a period of ten days to announce his civil claims and the procedural allowances claimed.

Art. Indictments

1 The indictment contains:

A.
The particulars provided for in Art. 325 and 326;
B.
The value of the sentence;
C.
Measures;
D.
The rules of conduct imposed when the stay is granted;
E.
The revocation of suspended sanctions or the release of a sanction;
F.
Settlement of the complainant's civil claims;
G.
The settlement of costs and allowances;
H.
A reference to the fact that the parties waive ordinary proceedings and the means of appeal by accepting the indictment.

2 The prosecutor shall notify the parties of the indictment. They must declare within 10 days whether they accept it or reject it. Acceptance is irrevocable.

3 The indictment shall be deemed to have been accepted if the complaining party did not reject it in writing within the time limit.

4 If the parties agree to the indictment, the prosecutor shall forward it to the court of first instance.

5 If a party rejects the indictment, the public prosecutor shall initiate an ordinary preliminary procedure.

Art. Debates

1 The Court of First Instance shall proceed to the proceedings.

2 During the debates, the court asks the accused and notes:

A.
Acknowledges the facts of the case;
B.
If his evidence is consistent with the record.

3 If necessary, it also asks the other parties present.

4 There is no evidence administration.

Article 362 Judgement or rejection

1 The court freely appreciates:

A.
Whether the simplified procedure complies with the law and is justified;
B.
If the charge is consistent with the outcome of the proceedings and the record;
C.
Whether the proposed sanctions are appropriate.

2 If the conditions for rendering the judgment under the simplified procedure are met, the facts, sanctions and civil claims contained in the indictment are equated with a judgment. The court summarily sets out these conditions.

3 If the conditions for making the judgment in a simplified procedure are not met, the case shall be forwarded to the Public Prosecutor's Office for an ordinary preliminary procedure. The court shall notify the parties of its decision to reject, orally and in writing, in the operative part. This decision is not subject to appeal.

4 The statements made by the parties in the light of the simplified procedure are not actionable in the ordinary procedure that could follow.

5 By appealing the judgment in a simplified procedure, a party can claim only that it does not accept the indictment or that the judgment does not correspond to the indictment.

Chapter 3 Procedure in case of subsequent independent judicial decisions

Article 363 Jurisdiction

1 The court which delivered the judgment in the first instance also makes subsequent decisions which are within the competence of a judicial authority, provided that the Confederation and the cantons do not otherwise dispose of it.

2 The public prosecutor who makes a decision in a criminal order procedure or the criminal authority responsible for ticketing that makes a decision in criminal proceedings in respect of tickets is also competent to render a decision. Subsequent decisions.

3 The Confederation and the cantons designate the competent authorities to make subsequent decisions which are not within the jurisdiction of the court.

Article 364 Procedure

1 The competent authority shall automatically introduce the procedure for making a subsequent judicial decision, provided that the federal law does not otherwise dispose of it. It shall address the relevant file and its proposal to the court.

2 In other cases, the convicted person or other person entitled to the case may request in writing that the proceedings be commenced; the request shall be substantiated.

3 The court shall examine whether the conditions of the subsequent judicial decision are met, complete the case if necessary or have other investigations carried out by the police.

4 It gives the person concerned and the authorities the opportunity to express their views on the proposed decisions and to submit their proposals.

Art. Decision

1 The court shall decide on the basis of the case. It may also order debates.

2 He makes his decision in writing and motivates him briefly. If debates have taken place, it shall notify its decision immediately and orally.

Chapter 4 Default procedure

Section 1 Conditions and enforcement

Art. 366 Conditions

1 If the accused, duly quoted, does not appear before the proceedings of the first instance, the court shall set new debates and shall again cite the accused or cause him to be brought. It gathers evidence whose administration does not suffer any delay.

2 If the accused does not present himself or may be brought to the new proceedings, they may be taken in his absence. The court may also suspend the proceedings.

3 If the accused has himself been unable to participate in the proceedings or refuses to be brought into the proceedings, the court may take the default procedure as soon as possible.

4 The default procedure can only be initiated under the following conditions:

A.
The accused has had sufficient opportunity to express himself in the past on the facts complained of;
B.
The evidence gathered makes it possible to render a judgment in its absence.
Art. 367 Execution and delivery

1 The parties and the defender are allowed to plead.

2 The court shall decide on the basis of the evidence administered during the preliminary proceedings and in the proceedings.

3 At the end of the pleadings, the court may render a judgment or suspend the proceedings until the accused appears on the bar.

4 Moreover, the default procedure is governed by the provisions applicable to the first instance procedure.

Section 2 New judgment

Art. 368 Request for a new judgment

1 If the judgment given by default can be personally notified to the convicted person, he or she must be informed of his or her right to request a new judgment in the court within ten days, in writing or orally.

2 In his application, the offender briefly explained the reasons that prevented him from participating in the proceedings.

3 The court shall reject the application where the convicted person, duly cited, is absent from the proceedings without any valid excuse.

Art. 369 Procedure

1 If it appears likely that the conditions for making a new judgment are met, the management of the procedure sets new debates. In these cases, the court shall decide upon the request of the convicted person and shall, where appropriate, make a new judgment.

2 The appeal authorities shall suspend the appeal proceedings brought by the other parties.

3 The management of the procedure shall decide until the proceedings for the granting of suspensory effect and detention on grounds of security.

4 If the convict fails again without a valid excuse, the judgment rendered by default remains valid.

5 The request for a new judgment may be withdrawn until the closure of the proceedings, subject to costs and costs.

S. 370 New judgment

1 The court makes a new judgment. The latter can be attacked by the usual remedies.

2 When the new judgment comes into force, the judgment rendered by default, the appeals against it and the decisions already rendered in the appeal procedure lapse.

Art. 371 Report with Call

1 As long as the appeal period is short, the convicted person may make a statement of appeal against a judgment rendered by default in conjunction with his or her application for a new judgment or instead. He must be informed in accordance with art. 368, para. 1.

2 An appeal is admissible only if the application for a new judgment has been rejected.

Chapter 5 Independent measurement procedures

Section 1 Preventive Security

Art. 372 Conditions and competence

1 If a preventive bond provided for in s. 66 PC 1 Cannot be ordered within the framework of the criminal proceedings instituted against the accused, an independent procedure is initiated.

2 If the accused is in custody because he or she is at risk of taking action or reoffending, the preventive bond is not ordered.

3 An application for the initiation of an independent procedure shall be made to the public prosecutor at the place where the threat has been made or where the intention to re-offend has been made.


Article 373 Procedure

1 The public prosecutor asks the persons concerned and then transmits the case to the court for coercive measures. The Board orders the measures provided for in s. 66 PC 1 The person concerned may appeal to the appeal authority against the decision ordering the detention.

2 The threatened person has the same rights as the complainant. It may, for just cause, be required to provide security in order to cover the costs of the proceedings and the allowances.

3 The person who uttered a threat has the same rights as the accused.

4 If the security rights provided are vested in the State, in accordance with Art. 66, para. 3, CP, the authority adjudicates pursuant to s. 240.

5 If a person is in danger of moving immediately to the act, the public prosecutor may temporarily detain him or take other protective measures. He then defers it without delay before the court of competent coercive measures; the latter shall rule on detention.


Section 2 Procedure for irresponsible defendants

Art. 374 Conditions and procedure

1 If the accused is irresponsible and the punishability within the meaning of s. 19, para. 4, or 263 CP 1 Does not take into account the public prosecutor's request in writing to the court of first instance to give a measure within the meaning of s. 59 to 61, 63, 64, 67, 67 B Or 67 E CP, without giving the ranking of the accused's irresponsibility procedure. 2

2 In order to take account of the health of the defendant or to protect his or her personality, the court of first instance may:

A.
Debate in the absence of the accused;
B.
Vote in camera.

3 The Court of First Instance gives the complainant the opportunity to express his views on the requisition of the public prosecutor and on his civil claims.

4 For the remainder, the provisions governing the first instance procedure shall apply.


1 RS 311.0
2 New content according to the c. 1 of the annex to the PMQ of Dec 13. 2013 on the prohibition of carrying on an activity, the prohibition of contact and the geographical prohibition, in force since 1 Er Jan 2015 ( RO 2014 2055 ; FF 2012 8451 ).

Art. 375 Pronounced

1 The court shall order the proposed measures or other measures when it considers the accused's participation and irresponsibility to be established and shall take such measures as necessary. It also decides on the civil claims that the complainant has made.

2 The pronouncement of measures and the decision on civil claims shall be rendered in the form of a judgment.

3 If the court considers that the defendant is liable or holds the accused responsible for the offences committed in a state of irresponsibility, he shall reject the requisition of the public prosecutor. The entry into force of this judgment continues the preliminary proceedings instituted against the accused.

Section 3 Procedure for the independent confiscation of criminal proceedings

Art. 376 Conditions

An independent confiscation procedure is introduced where the confiscation of objects or heritage values of a specified person must be decided independently of a criminal procedure.

Art. 377 Procedure

1 Heritage objects or values that are likely to be confiscated in an independent procedure are sequestered.

2 If the conditions of confiscation are met, the public prosecutor makes an order for confiscation and gives the person concerned an opportunity to express himself.

3 If the conditions are not met, it shall determine the classification of the procedure and return the objects or heritage values to the person entitled to it.

4 The opposition procedure is governed by the provisions on the criminal order. A court decision shall be made in the form of a decision or order.

Article 378 Allowance for the injured

The public prosecutor or the court shall also decide on the claims of the injured party concerned with the allocation in his favour of confiscated objects and heritage values. Art. 267, para. 3 to 6, shall apply mutatis mutandis.

Title 9 Remedies

Chapter 1 General provisions

Art. 379 Applicable Provisions

Except as otherwise provided, the general provisions of this Code shall apply mutatis mutandis to the appeal procedure.

Art. 380 Final or non-recourse decisions

Decisions which are qualified as final or not subject to appeal by this Code may not be challenged by one of the means of appeal provided for in this Code.

Article 381 Quality to use the Public Prosecutor's Office

1 The Public Prosecutor's Office may appeal both to the defendant or to the convicted person.

2 If the Confederation or the cantons have appointed a first prosecutor or a public prosecutor, they determine the public prosecutor's right to appeal.

3 They determine which authorities can lodge an appeal in the criminal proceedings for ticketing.

4 The Public Prosecutor's Office may appeal against cantonal decisions:

A.
Where federal law provides that the decision must be communicated to himself or another federal authority.
B.
When he has delegated the direction and judgment of a criminal case to the cantonal authorities.
Art. 382 Quality to use other parties

1 Any party who has a legally protected interest in the cancellation or amendment of a decision has the right to appeal against it.

2 The complaining party cannot bring an appeal on the issue of the sentence or the measure.

3 If the defendant, the convicted person or the complaining party dies, their relatives within the meaning of s. 110, para. 1, PC 1 May, in the order of succession, appeal or continue the proceedings provided that their legally protected interests have been infringed.


S. 383 Provision of security rights

1 The management of the proceedings of the appeal authority may require the complainant to provide security within a specified period of time to cover the possible costs and allowances. Art. 136 is reserved.

2 If the security rights are not provided within the time limit, the appeal authority shall not enter into the appeal.

S. 384 Start of delay

The appeal period begins to run:

A.
For judgments, upon delivery or notification of the written device;
B.
For other decisions, upon notification of the other decisions;
C.
For acts of procedure not notified in writing, as soon as the persons concerned have been informed thereof.
Art. 385 Motivation and form

1 If the present Code requires that the action be justified, the person or authority making use of it shall specify precisely:

A.
The points of the decision that it attacks;
B.
The reasons for another decision;
C.
The means of evidence which it invokes.

2 If the submission does not meet these requirements, the recourse authority shall refer it to the appellant for complete within a short period of time. If, after the expiry of that additional period, the submission still does not meet those requirements, the appeal authority shall not enter into such matters.

3 The incorrect designation of a remedy has no effect on its validity.

Art. 386 Waiver and withdrawal

1 Any person who has the right to appeal may waive the right to appeal after communication of the attainable decision, by a written or oral statement to the authority which has made it.

2 Any person who has brought an appeal may withdraw it:

A.
As regards oral proceedings, before the closure of the proceedings;
B.
In the case of a written procedure, before the closure of the exchange of pleadings and the term fixed to supplement the evidence or to supplement the file.

3 Renunciation and withdrawal shall be final, unless the party has been induced to make a declaration by deception, an offence or inaccurate information from the authorities.

Art. 387 Suspensive effect

The remedies shall not have suspensory effect; the provisions of this Code and the decisions of the management of the proceedings of the appeal authority which are contrary to that rule shall be reserved.

Art. 388 Orders by the Directorate of Procedure and Provisional Measures

The management of the procedure of the redress authority makes the orders and takes the necessary provisional measures and does not suffer any delay. It may include:

A.
To entrust the public prosecutor with the administration of evidence when the latter does not suffer any delay;
B.
Order the detention of the accused;
C.
Appoint an ex officio defender.
Art. 389 Evidence supplements

1 The appeal procedure is based on the evidence administered during the preliminary proceedings and the first instance procedure.

2 The administration of evidence of the court of first instance is repeated only if:

A.
The evidence provisions have been breached;
B.
The administration of evidence was incomplete;
C.
Evidence for the administration of evidence does not seem reliable.

3 The appeal authority shall administer, ex officio or at the request of a party, the additional evidence necessary for the treatment of the appeal.

Art. 390 Written procedure

1 Any person who intends to use a remedy for which this Code provides for the written procedure must file an appeal.

2 If the appeal is not manifestly inadmissible or ill-founded, the management of the proceedings shall notify the other parties and the lower authority of the appeal. The proceedings shall be continued even if the notice of appeal cannot be notified or a party is not pronounced.

3 Where appropriate, the appeal authority shall order a second exchange of pleadings.

4 It makes its decision by way of circulation or, during a non-public deliberation, on the basis of the file and the administration of the additional evidence.

5 It may order debates, ex officio or at the request of a party.

Art. Decision

1 In making its decision, the appeal authority is not bound:

A.
The reasons given by the parties;
B.
By the parties' conclusions, except when it decides on civil action.

2 It cannot alter a decision to the detriment of the defendant or the convicted person if the appeal has been brought only in their favour. It may, however, impose a more severe sanction in the light of new facts which could not be known to the court of first instance.

3 It cannot alter a decision concerning civil conclusions to the detriment of the complainant if it is the only one to have lodged an appeal.

Article 392 Extension of the scope of decisions on appeal

1 Where, in the same proceedings, an appeal has been brought by some of the defendants or convicted persons only and has been accepted, the contested decision shall be annulled or amended also in favour of those who have not lodged an appeal against the The following conditions:

A.
The appeal authority considers the facts differently;
B.
The recitals also apply to other persons involved.

2 Before rendering its decision, the appeal authority shall hear the case of the defendants or convicted persons who have not lodged an appeal, the public prosecutor and the complaining party.

Chapter 2 Recourse

Art. 393 Admissibility and grounds of appeal

1 The action is admissible:

A.
Against the decisions and acts of procedure of the police, the public prosecutor and the criminal authorities responsible for ticketing;
B.
Against orders, decisions and procedural acts of the courts of first instance, except those of the management of the proceedings;
C.
Against the decisions of the Court of Restraint Measures in the cases provided for in this Code.

2 The appeal may be lodged for the following reasons:

A.
Violation of the law, including excess and abuse of discretion, denial of justice and undue delay;
B.
Incomplete or erroneous finding of facts;
C.
Inexpediency.
Art. 394 Inadmissibility of the action

The action is inadmissible:

A.
When the appeal is admissible;
B.
Where the public prosecutor or the criminal authority responsible for ticketing rejects a request for evidence which can be repeated without prejudice to the court of first instance.
Art. 395 The collective redress authority

If the appeal authority is a collegial court, its management of the proceedings shall act alone on the appeal:

A.
When it relates exclusively to tickets;
B.
When it relates to the ancillary economic consequences of a decision and the amount at issue does not exceed 5000 francs.
S. 396 Form and delay

1 The appeal against decisions notified in writing or orally shall be reasoned and sent in writing, within the ten-day period, to the appeal authority.

2 The appeal for denial of justice or undue delay shall not be subject to any time limit.

Art. 397 Procedure and decision

1 The action shall be the subject of a written procedure.

2 If the authority allows the appeal, it makes a new decision or annuls the contested decision and refers it to the lower authority which decides.

3 If it allows an appeal against a classification order, it may give instructions to the public prosecutor or the criminal authority responsible for ticketing as a result of the proceedings.

4 If it finds a denial of justice or an undue delay, it may give instructions to the authority concerned by providing it with time limits for execution.

Chapter 3 Appeal

Section 1 General provisions

Art. 398 Admissibility and grounds of appeal

1 The appeal is admissible against the judgments of the courts of first instance which have closed all or part of the proceedings.

2 The appeal court has full powers of review on all the contested points of the judgment.

3 The call may be made for:

A.
Violation of the law, including excess and abuse of discretion, denial of justice and undue delay;
B.
Incomplete or erroneous finding of facts;
C.
Inexpediency.

4 Where only tickets have been the subject of the proceedings of first instance, the appeal may only be lodged for the complaint that the judgment is legally incorrect or that the statement of fact has been established in a manifestly incorrect manner or Violation of the law. No new allegations or evidence may be filed.

5 If an appeal relates only to the civil claim, the appellate court shall examine the judgment of the first instance only to the extent that the civil procedural law applicable to the forum would allow the appeal.

S. 399 Announcement and Statement of Appeal

1 The party shall announce the appeal to the Court of First Instance in writing or orally for the record within the ten-day period from the date of the communication of the judgment.

2 Where the reasoned judgment is drawn up, the court of first instance shall transmit the advertisement and the file to the court of appeal.

3 The party announcing the appeal shall send a written appeal declaration to the appeal court within 20 days of the notification of the reasoned judgment. In her statement, she stated:

A.
Whether it intends to attack the judgment as a whole or only on certain parties;
B.
Amendments to the first instance judgment that it requests;
C.
Evidence requirements.

4 Whoever attacks only certain parts of the judgment is required to indicate in the declaration of appeal, on a final basis, on which parties the appeal is lodged, namely:

A.
The question of guilt, if any, in relation to each act;
B.
The value of the sentence;
C.
The measures that were ordered;
D.
Civil claims or some of them;
E.
The ancillary consequences of the judgment;
F.
Costs, indemnities and compensation for moral harm;
G.
Subsequent judicial decisions.
Art. 400 Screening

1 If the statement of appeal does not specify precisely those parts of the judgment of the first instance which are attacked, the management of the proceedings of the appellate court shall invite the party to specify its declaration and shall set a time limit for that purpose.

2 The Directorate of Procedure shall promptly transmit a copy of the statement of appeal to the other parties.

3 Within 20 days of receipt of the declaration of appeal, the parties may, in writing:

A.
Submit an application for non-entry; the application must be reasoned;
B.
Declare a joint appeal.
Art. 401 Call Attached

1 Art. 399, para. 3 and 4 shall apply mutatis mutandis to the joint appeal.

2 The joint appeal is not limited to the main appeal, unless it relates exclusively to the civil conclusions of the judgment.

3 If the main appeal is withdrawn or is the subject of a non-entry decision, the joint appeal shall be null and void.

Art. Effect of the appeal

The appeal suspends the force of res judiced from the judgment under appeal within the limits of the contested points.

Section 2 Procedure

Article 403 Input into matter

1 The court of appeal shall, in writing, render its decision on the admissibility of the appeal where the management of the proceedings or a party claims:

A.
The announcement or declaration of appeal is late or inadmissible;
B.
The appeal is not admissible within the meaning of s. 398;
C.
That the conditions for opening the criminal proceedings are not met or that there is an impediment to proceeding.

2 The appeal court shall give the parties an opportunity to decide.

3 If it does not deal with the appeal, it shall notify the parties of its reasoned decision.

4 If it enters into matter, the management of the proceedings shall without delay take the necessary measures to continue the appeal procedure.

Art. 404 Scope of the examination

1 The court of appeal shall examine only the contested points of the first instance judgment.

2 It may also examine in favour of the defendant the points of judgment which are not under attack, in order to prevent unlawful or unfair decisions.

Art. 405 Oral Proceedings

1 The provisions on first instance debates shall apply mutatis mutandis to appeal proceedings.

2 The management of the proceedings shall summon the defendant or the complaining party who has declared the appeal or the joint appeal to appear in the appeal proceedings. In simple cases, it may, at their request, exempt them from participating in the debates and allow them to submit their reasoned conclusions in writing.

3 She quotes the public prosecutor as appearing in the debates:

A.
In the cases referred to in s. 337, para. 3 and 4;
B.
Whether he has declared the appeal or the attached appeal.

4 If the public prosecutor is not summoned to appear, he or she may file his or her findings in writing, as well as the motivation to support them or appear in person.

Art. 406 Written procedure

1 The appeal court may not deal with the appeal in writing that:

A.
If only points of law are to be settled;
B.
If only the civilian findings are attacked;
C.
If the judgment of the first instance relates only to tickets and the appeal is not based on a conviction for a crime or an offence;
D.
If only costs, indemnities or compensation for moral harm are being attacked;
E.
If only measures within the meaning of s. 66 to 73 CP 1 Are attacked.

2 With the agreement of the parties, the management of the procedure may also order the written procedure:

A.
Where the presence of the accused in the appeal proceedings is not indispensable;
B.
When the appeal is directed against judgments given by a single judge.

3 The direction of the proceeding shall be fixed to the party who has declared the appeal or the appeal shall be accompanied by a period of time to file a reasoned appeal.

4 The sequence of proceedings is governed by s. 390, para. 2 to 4.


Art. Failure of the parties

1 An appeal or joint appeal shall be deemed to be withdrawn if the party stating that:

A.
Is absent from the appeal proceedings without a valid excuse and is not represented;
B.
Fails to file a written submission;
C.
Cannot be summoned to appear.

2 If the public prosecutor's or the complainant's appeal concerns the conviction or the issue of the sentence and the defendant does not appear in the debate without apology, a default procedure is initiated.

3 If the complainant's appeal is limited to the civil conclusions and the defendant does not appear before the debate without apology, the court of appeal shall decide on the basis of the results of the first instance debates and the case.

Section 3 Appeal Judgement

Art. 408 New judgment

If the court of appeal comes in, it makes a new judgment which replaces the judgment of the first instance.

Art. 409 Cancellation and Referral

1 If the proceedings of first instance present significant defects to which it is impossible to remedy the appeal proceedings, the court of appeal shall cancel the judgment under appeal and refer the case to the court of first instance for it to be carried out New debates and for a new judgment to be delivered.

2 The court of appeal shall determine the procedural acts which must be repeated or supplemented.

3 The Court of First Instance shall be bound by the recitals of the decision of reference and the instructions referred to in para. 2.

Chapter 4 Revision

Art. 410 Admissibility and reasons for review

1 Any person aggrieved by a judgment entered in force, a criminal order, a subsequent judicial decision or a decision made in an independent procedure in respect of measures may request the review of:

A.
If there are facts or means of evidence which were unknown to the lower authority and which are such as to motivate the acquittal or a substantially less severe or more severe sentence of the person convicted or the person's conviction Paid;
B.
The decision is in clear conflict with a criminal decision made subsequently on the same facts;
C.
If it is established in another criminal procedure that the outcome of the proceedings has been influenced by an offence, a conviction is not required as evidence; if the criminal proceedings cannot be carried out, the evidence may be furnished by another Way.

2 Revision for breach of the Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms (ECHR) 1 May be requested on the following conditions:

A.
The European Court of Human Rights has found in a definitive judgment a violation of the ECHR or its protocols;
B.
Compensation is not such as to remedy the effects of the violation;
C.
The revision is necessary to remedy the effects of the violation.

3 The review in favour of the convicted person may be requested even after the acquisition of the prescription.

4 The review limited to civil claims shall be admissible only in the event that the civil procedure law applicable to the forum permits the revision.


Art. 411 Form and delay

1 Requests for review must be submitted in writing to the appeal court. The grounds for review must be set out and justified in the application.

2 Requests for review under s. 410, para. 1, let. B, and 2, must be filed within 90 days from the date on which the person concerned became aware of the decision in question. In other cases, they are not subject to any delay.

Art. 412 Screening and Entry into the Field

1 The appeal court shall examine in advance the application for review in writing.

2 It does not apply if the application is manifestly inadmissible or unsubstantiated, or if a request for review invoking the same grounds has already been rejected in the past.

3 If the appeal court enters the matter on the application, it shall invite the other parties and the lesser authority to make a written decision.

4 It shall determine the adjuncts of evidence to be administered and the additions to be made to the file and shall adopt provisional measures, provided that this decision is not the responsibility of the management of the procedure under Art. 388.

S. 413 Decision

1 If the appellate court finds that the grounds for review are unfounded, it shall reject the application for review and cancel any provisional measures.

2 If the Commission finds that the grounds for review are based, it partially or completely annuls the contested decision; further:

A.
It refers the case for further processing and judgment to the authority it designates;
B.
It makes a new decision itself if the status of the case permits.

3 In the case of dismissal of the case, the appellate court determines the extent to which the grounds for review set aside the force of res judiced and the enforceability of the contested decision and at what stage the procedure must be resumed.

4 If the conditions are met, it may temporarily place or allow the accused to be detained for security reasons.

Art. 414 New Procedure

1 If the appeal court has referred the case to the public prosecutor, the latter decides whether to issue a new indictment, to make a criminal order or to classify the proceedings.

2 If it has referred the case to a court, it proceeds with the necessary additional evidence and makes a new judgment in the debates.

Art. 415 Consequences of the new decision

1 If the new decision condemns the accused to a heavier penalty, the penalty already incurred shall be deducted from the new sentence.

2 If the convicted person is acquitted or the sentence is reduced, or if the proceedings are closed, the amount of fines or pecuniary penalties received is refunded. The defendant's claims for damages or compensation for moral harm are governed by s. 436, para. 4.

3 If the convicted person is acquitted, himself or, if he has died, his or her relatives can request the publication of the new sentence.

Title 10 Costs of procedure, compensation and compensation for moral damage

Chapter 1 General provisions

Art. 416 Scope of application

The provisions of this Title shall apply to all procedures provided for in this Code.

Art. 417 Fees resulting from vitiated procedural acts

In the event of a defect or other procedural acts, the criminal authority may place the costs of the proceedings and the allowances of the participants in the proceedings which caused them, irrespective of the outcome of the proceedings.

Art. Participation of several persons and third party liability

1 Where a number of persons are required to pay the costs, they shall be distributed proportionally between them.

2 The criminal authority may order that those who are subject to the payment of costs respond jointly with those whom they have incurred together.

3 It may order that third parties and the defendant respond jointly and severally, in accordance with the principles of liability in civil law.

S. 419 Charging expenses of irresponsible persons

If the proceedings have been ordered as a result of the defendant's irresponsibility, or if the defendant has been acquitted on that basis, the costs may be borne by him if the fairness requires it in the light of all the circumstances.

Article 420 Recursoire action

The Confederation or the Canton may institute proceedings against persons who, intentionally or by gross negligence, have:

A.
Caused the procedure to be opened;
B.
Making the procedure significantly more difficult;
C.
Caused a decision to be annulled in a review procedure.
Art. 421 Decision on the fate of costs

1 The criminal authority shall fix the costs in the final decision.

2 It may set costs ahead of time in:

A.
Intermediate decisions;
B.
Partial classification orders;
C.
Decisions on appeals involving intermediate decisions and orders for partial classification.

Chapter 2 ProcedCharges

Art. 422 Definition

1 The costs of the proceedings consist of the fees to cover the costs and disbursements actually incurred.

2 Disbursements include:

A.
Costs attributable to statutory defence and free assistance;
B.
Translation costs;
C.
Expert fees;
D.
Participation fees of other authorities;
E.
Postage and telephone charges and similar charges.
Art. Principles

1 The costs of the proceedings shall be borne by the Confederation or the canton which has led the proceedings; the contrary provisions of this Code shall be reserved.

2 And 3 ... 1


1 Repealed by c. II 7 of the annex to the PMQ of 19 March 2010 on the organisation of the criminal authorities, with effect from 1 Er Jan 2011 ( RO 2010 3267 ; FF 2008 7371 ).

Art. 424 Calculation and emoluments

1 The Confederation and the cantons shall settle the calculation of the costs of procedure and fix the emoluments.

2 They may, in the case of simple cases, provide for flat-rate emoluments also covering disbursements.

Art. 425 Sursis and Remission

The criminal authority may grant a stay for the payment of proceedings fees. It may reduce or remit fees, taking into account the situation of the person who is required to pay them.

Art. 426 Costs to the accused and parties under an independent procedure for measures

1 The accused shall bear the costs of proceedings if convicted. The exception is the costs associated with the defence of the Office; Art. 135, para. 4, is reserved.

2 Where the procedure is the subject of a classification order or the defendant is acquitted, all or part of the costs of the proceedings may be charged if he has, in a wrongful and wrongful manner, caused the proceedings to be opened or made more Difficult to conduct business.

3 The accused does not bear the costs:

A.
That the Confederation or the canton have caused unnecessary or erroneous pleadings;
B.
Which are attributable to the translations made necessary by the fact that he is an allophone.

4 The costs of the free legal assistance of the complainant can only be charged to the accused if the accused has a good financial situation.

5 The above provisions shall apply mutatis mutandis to the parties in an independent procedure in respect of measures, where the decision is rendered to their detriment.

Art. Costs to the complainant and the complainant

1 The costs of the proceedings caused by the civil conclusions of the complaining party may be borne by the complainant:

A.
Where the procedure is classified or the accused is acquitted;
B.
When the complainant withdraws his or her civilian findings before the close of the first instance debates;
C.
Where the civil claim has been ruled out or the complainant has been returned to act in the civil direction.

2 In the case of offences prosecuted on complaint, the costs of the proceedings may, under the following conditions, be borne by the complainant or the complainant who, having acted in a reckless manner or by gross negligence, obstructed the proper conduct of the proceedings. Of the procedure or made it more difficult:

A.
The procedure is closed or the accused acquitted;
B.
The accused is not required to pay the costs in accordance with Art. 426, para. 2.

3 If the complainant withdraws his complaint in the course of an attempt at conciliation between the public prosecutor, the Confederation or the canton generally bear the costs of the proceedings.

4 Any agreement between the complainant and the accused concerning the charging of costs in connection with the withdrawal of the complaint requires the consent of the authority which ordered the classification. It shall not adversely affect the Confederation or the canton.

Article 428 Costs in the appeal proceedings

1 The costs of the appeal procedure shall be borne by the parties to the extent that they have been successful or unsuccessful. The party whose action is inadmissible or withdraws the appeal is also considered to have been unsuccessful.

2 Where a party making an appeal obtains a decision which is more favourable to him, the costs of the proceedings may be borne in the following cases:

A.
The conditions which allowed him to succeed have only been fulfilled in the appeal procedure;
B.
The modification of the decision is of little importance.

3 If the appeal authority itself makes a new decision, it shall also rule on the costs fixed by the lower authority.

4 If they cancel a decision and refer the case for a new decision to the lower authority, the Confederation or the canton shall bear the costs of the appeal proceedings and, according to the assessment of the appeal authority, the costs of the Procedure before the lower authority.

5 Where a request for review is allowed, the criminal authority which is then called upon to hear the case shall fix the costs of the first procedure according to its discretion.

Chapter 3 Compensation and Compensation for Moral harm

Section 1 Planned

S. 429 Pretentions

1 If the accused is acquitted in whole or in part or is entitled to a classification order, he or she is entitled to:

A.
Compensation for expenses incurred as a result of the reasonable exercise of its procedural rights;
B.
Compensation for economic damage suffered as a result of its compulsory participation in the criminal procedure;
C.
Compensation for the moral damage suffered as a result of a particularly serious attack on his or her personality, particularly in the case of deprivation of liberty.

2 The criminal authority shall ex officio examine the defendant's claims. It may direct it to encrypt and justify them.

Art. 430 Reduction or denial of compensation or compensation for moral harm

1 The criminal authority may reduce or refuse compensation or compensation for moral harm in the following cases:

A.
The accused unlawfully and falsly caused the opening of the proceedings or made it more difficult to conduct the proceedings;
B.
The complaining party is liable to indemnify the accused;
C.
The expenses of the accused are insignificant.

2 In the appeal procedure, compensation and compensation for moral harm may also be reduced if the conditions laid down in Art. 428, para. 2, are completed.

Art. 431 Illegal coercive measures

1 If the accused unlawfully has been subjected to coercive measures, the criminal authority shall provide him with a fair compensation and compensation for the moral damage.

2 In the case of pre-trial detention and detention on grounds of security, the accused shall be entitled to compensation or compensation for non-pecunious harm where the detention has exceeded the authorized duration and the deprivation of excessive liberty cannot be imputed On penalties imposed on other offences.

3 The accused is not entitled to the benefits referred to in para. 2 if:

A.
Shall be sentenced to a pecuniary penalty, a work of general interest or a fine, the conversion of which would give rise to a penalty of deprivation of liberty which would not be significantly shorter than pre-trial detention or detention for reasons Security;
B.
Is sentenced to deprivation of liberty with a suspended sentence, the duration of which exceeds that of pre-trial detention or detention for reasons of security.
Art. 432 Pretentions for the Complainant and the Complainant

1 The successful defendant may apply to the complainant for a fair compensation for expenses incurred as a result of the civil claim.

2 When the accused is successful on the issue of his or her guilt and the offence is continued on a complaint, the complainant or the complainant who, having acted in a reckless manner or through gross negligence, has obstructed the proper conduct of the The procedure, or has made it more difficult, may be required to compensate the accused for expenses incurred as a result of the reasonable exercise of his procedural rights.

Section 2 Complainant and third parties

Article 433 Complainant

1 In the following cases, the complainant may apply to the accused for a fair compensation for the compulsory expenditure occasioned by the procedure:

A.
Wins the case;
B.
The accused is required to pay the costs in accordance with art. 426, para. 2.

2 The complainant makes his claims to the criminal authority; it must encrypt them and justify them. If it does not fulfil this obligation, the criminal authority shall not enter into the application.

Art. Tiers

1 Third parties who, through acts of procedure or the assistance provided to the criminal authorities, are injured are entitled to a fair compensation if the damage is not otherwise covered, as well as to compensation for moral damage. Art. 433, para. 2, shall apply mutatis mutandis.

2 The claims are settled as part of the final decision. Where the case is clear, the public prosecutor may already settle them at the preliminary stage of the proceedings.

Section 3 Special provisions

Article 435 Limitation period

Claims for compensation and compensation for moral damage to the Confederation or the Canton shall be subject to a period of ten years from the day on which the decision is entered into force.

Art. 436 Compensation and compensation for moral damage in the appeal proceedings

1 Claims for compensation and compensation for moral harm in the appeal procedure are governed by Art. 429 to 434.

2 If neither a full or partial acquittal, nor a classification of the proceedings are pronounced, but the defendant wins the case on other points, he is entitled to a fair compensation for his expenses.

3 If the appeal authority rescinds a decision in accordance with Art. 409, the parties are entitled to a fair compensation for the costs of the appeal proceedings and the annulled part of the first instance proceedings.

4 The accused person who, after review, is acquitted or sentenced to a less severe penalty, is entitled to a fair compensation for the expenses incurred by the revision procedure. If it has suffered a penalty or a deprivation of liberty, it is also entitled to compensation for moral harm and compensation to the extent that the deprivation of liberty cannot be attributed to sanctions imposed on other offences.

Title 11 Entry into Force and Enforcement of Criminal Decisions

Chapter 1 Entry into Force

Art. 437 Force Entry

1 Judgments and other closure decisions against which a means of appeal under this Code is admissible shall enter into force:

A.
Where the appeal period has expired without having been used;
B.
When the entitled person declares that he or she waives the filing of an appeal or withdraws his appeal;
C.
Where the appeal authority does not enter or reject the appeal.

2 The entry into force shall take effect on the date on which the decision was rendered.

3 Decisions against which no appeal is admissible under this Code shall enter into force on the day on which they are rendered.

Art. Finding the entry into force

1 The criminal authority which has rendered a decision determines the entry into force by a reference to the case or in the judgment.

2 If the parties have been informed of the filing of an appeal, the entry into force of the judgment must also be communicated to them.

3 If the entry into force is in dispute, it is for the authority that made the decision to decide.

4 The decision determining the entry into force is subject to appeal.

Chapter 2 Enforcement of criminal decisions

Art. 439 Enforcement of Sentences and Measures

1 The Confederation and the cantons shall designate the competent authorities for the execution of penalties and measures and shall regulate the procedure; the special regulations provided for in this Code and by the CP 1 Are reserved.

2 The executing authority shall issue a sentence of execution.

3 Decisions taken in force setting penalties and deprivation of liberty shall be executed immediately in the following cases:

A.
There is a danger of leakage;
B.
There is a serious public danger;
C.
The purpose of the measure cannot be achieved in any other way.

4 In order to carry out the order of execution of the sentence, the executing authority may arrest the convicted person, issue a search opinion against him or request his extradition.


Art. 440 Detention for security reasons

1 In the event of an emergency, the executing authority may, in order to guarantee the execution of a sentence or measure, order the detention of the convicted person on grounds of security.

2 She defers the case within five days of detention:

A.
The court that sentenced or the measure to be carried out;
B.
The court for the coercive measures of the prosecution service which made the criminal order.

3 The court shall decide definitively whether the sentenced person must remain in custody until the execution of the sentence or the measure has commenced.

Art. 441 Limitation of the sentence

1 The prescribed penalties cannot be enforced.

2 The executing authority shall examine ex officio whether the penalty is prescribed.

3 The sentenced person may make use of the execution of a sentence or a prescribed measure before the authority of the canton of enforcement against the execution of a sentence or a prescribed measure under threat. The authority shall decide on the suspensive effect of the appeal.

4 If the convicted person has been subjected to a prescribed deprivation of liberty, he is entitled to compensation and compensation for moral harm; s. 431 is applicable by analogy.

Art. 442 Enforcement of decisions on the fate of procedural and other financial benefits

1 The recovery of proceedings fees, monetary penalties, fines and other financial benefits arising out of a criminal proceeding is governed by the provisions of the Federal Act of April 11, 1889 on the Prosecution of Debts and the Bankrupt 1 .

2 Claims relating to the costs of the proceedings shall be barred by ten years from the day on which the decision on costs has entered into force. The interest in the moratorium is 5 %.

3 The Confederation and the cantons designate the authorities responsible for the recovery of financial benefits.

4 The criminal authorities may compensate for claims relating to procedural costs with the compensation awarded to the debtor party in the same criminal procedure and with sequestered values.


S. 443 Enforcement of decisions on civil claims

To the extent that the judgment relates to civil conclusions, it is executed in accordance with the civil procedural law applicable to the place of enforcement and the Federal Act of 11 April 1889 on the prosecution of debts and the bankruptcy 1 .


Art. 444 Official Publications

The Confederation and the cantons designate the authorities responsible for official publications.

Title 12 Final provisions

Chapter 1 Implementing provisions

Article 445

The Federal Council and, to the extent that they are competent, the cantons shall lay down the provisions necessary for the implementation of this Code.

Chapter 2 Adaptation of legislation

Art. 446 Repeal and amendment of the law in force

1 The repeal and amendment of the existing law are set out in Schedule 1.

2 The Federal Assembly may, by way of order, adapt the provisions of federal laws which, although contrary to this Code, have not been formally amended by it.

S. 447 Coordination provisions

The coordination of this Act and other legislative acts is set out in Schedule 2.

Chapter 3 Transitional provisions

Section 1 General procedural provisions

S. 448 Applicable law

1 Proceedings pending at the time of entry into force of this Code shall continue in accordance with the new law, unless otherwise provided for in the following provisions.

2 Acts of procedure ordered or performed before the entry into force of this Code shall remain valid.

Article 449 Jurisdiction

1 The proceedings pending at the time of entry into force of this Law shall continue before the competent authorities under the new law unless the following provisions have otherwise provided for it.

2 Conflicts of jurisdiction between the authorities of the same canton are decided by the canton's appeal authority; those between the authorities of different cantons or the cantonal authorities and the federal authorities are settled by the Court of First Instance Federal Penal Code.

Section 2 First instance debates and special procedures

Art. 450 First Instance Debates

Where the proceedings have been opened before the entry into force of this Code, they shall continue according to the former right before the competent court of first instance until then.

Art. 451 Subsequent Independent Judicial Decisions

After the entry into force of this Code, subsequent independent judicial decisions shall be made by the criminal authority which has been competent in accordance with this Code in order to render the judgment of first instance.

Art. Default procedure

1 Applications for retrial by persons who have been tried in the course of a default procedure shall be treated under the former right if they were pending at the time of entry into force of this Code.

2 Requests for further judgment submitted after the entry into force of this Code by persons who have been tried in the course of a default procedure under the former right shall be assessed in the light of the law which is most favourable to them.

3 The new judgment is governed by the new law. It shall be made by the court which has been competent under this Code to give judgment in the default procedure.

Section 3 Appeal procedure

Art. Decisions rendered before the entry into force of this Code

1 Appeals against decisions rendered before the entry into force of this Code shall be treated in accordance with the former right by the competent authorities under this right.

2 Where a procedure is referred back to the lower authority for further judgment by the appeal authority or the Federal Court, the new right shall apply. The new judgment shall be delivered by the authority which has been competent under this Code to render the decision annulled.

Art. 454 Decisions rendered after the entry into force of this Code

1 The new right shall apply to appeals against decisions made at first instance after the entry into force of this Code.

2 The former right is applicable to appeals against decisions rendered at first instance under the former right, after the entry into force of this Code, by a judicial authority superior to that of first instance.

Section 4 Opposition to criminal orders; procedure introduced by the complainant

Art. 455 Opposition to criminal orders

Art. 453 shall apply mutatis mutandis to oppositions against criminal orders.

S. 456 Procedures introduced by the complainant

Where proceedings brought by the complainant under the former cantonal law were pending before a court of first instance before the entry into force of this Code, they shall continue until the conclusion of the First instance according to the old right, before the competent court up to then.

Section 5 5 Transitional provision of the amendment of 28 September 2012

S. 456 A

Hearings completed in the course of proceedings in progress after the entry into force of this amendment shall be governed by the new law.

Chapter 4 Referendum and entry into force

Article 457

1 This Code is subject to the referendum.

2 The Federal Council shall fix the date of entry into force.

Annex 1

(art. 446, para. 1)

Repeal and amendment of the law in force

I

Are repealed:

1.
Federal Act of 15 June 1934 on Federal Criminal Procedure 1 ;
2.
The Federal Act of 20 June 2003 on the secret investigation 2 .

II

The following federal statutes are amended as follows:

... 3


1 [RS 3 295; RO 1971 777 hp. III 4, 1974 1857 Annex c. 2, 1978 688 art. 88 Ch. 4, 1979 1170, 1992 288 Annex c. 15 2465 Annex c. 2, 1993 1993, 1997 2465 app. Ch. 7, 2000 505 hp. I 3 2719 ch. II 3 2725 c. II, 2001 118 hp. I 3 3071 ch. II 1 3096 Annex c. 2,3308, 2003 2133 Annex c. 9, 2004 1633 hp. I 4, 2005 5685 Annex, c. 19, 2006 1205 anx c. 10, 2007 6087, 2008 1607 Annex c. 1 4989 Annex 1 c. 6 5463 annex, c. 3, 2009 6605 Annex, c. II 3]
2 [ RO 2004 1409 , 2006 2197 Annex c. 29 5437 art. 2 hp. 2, 2007 5437 Annex, c. II 6]
3 The mod. Can be viewed at RO 2010 1881 .


State 1 Er January 2016

Annex 2

(art. 447)

Coordination provisions

1. Coordination of Art. 305, para. 2, let. B, CPP with the new LAVI

Whatever the order in which the Code of Criminal Procedure of 5 October 2007 (CPP) and the Law of 23 March 2007 on victim assistance (new LAVI) 1 Enter In force 2 , the entry into force of the second of those laws, or their entry into force simult A , art. 305, para. 2, let. B, CPP is amended as follows:

...

2. Coordination of the ch. 9 of the CDPF Annex 1 with the new LAVI

Regardless of the order in which the CDPF and the new LAVI enter into force, at the entry into force of the second of those laws, or upon their simultaneous entry into force, the c. 9 of Annex 1 of the CDPF lapses and the new LAVI is amended in accordance with c. 10 of Annex 1 to the PPC.

3. Coordination of the military criminal procedure of 23 March 1979 3 (Annex 1, c. 12, CPP) with the new LAVI

Regardless of the order in which the CDPF and the new LAVI enter into force, at the entry into force of the second of these laws, or upon their simultaneous entry into force, s. 84a, 104, para. 3, and 118, para. 2 of the c. 12 of Annex 1 of the CDPF I Vante:

...

Table of Contents

Scope Art. 1

Administration of criminal justice Sec.

Respect for dignity and fair trial Art. 3

Independence Art. 4

Inherency Art. 5

Maxime de l' instruction Art. 6

Imperative character of prosecution Art. 7

Waiver of any criminal proceedings Art. 8

Prosecution Art. 9

Presumption of innocence and assessment of evidence Art. 10

Prohibition of double prosecution Art. 11

Criminal prosecution authorities Art. 12

Tribunals Art. 13

Designation and organisation of criminal authorities Art. 14

Police Art. 15

Public Prosecutor's Office 16

Criminal authorities responsible for ticketing Art. 17

Tribunal of Constraint Measures Art. 18

Court of First Instance Art. 19

Board of Appeal Art. 20

Appeal Jurisdiction Art. 21

Cantonal Jurisdiction Art. 22

Federal Jurisdiction in General Art. 23

Federal Jurisdiction in the Field of Organized Crime, Terrorist Financing and Economic Crime Art. 24

Delegation of powers to the cantons Art. 25

Multiple Competence Art. 26

Jurisdiction to carry out first investigations Art. 27

Conflicts Art.

Principle of unity of procedure Art. 29

Exceptions Art. 30

For the place of commission Art. 31

For offences committed abroad or in the event of uncertainty in the place of commission Art. 32

For the involvement of several persons Art. 33

For offences committed in different places Art. 34

For offences by the media Art. 35

For offences relating to the prosecution of debts and bankruptcies and offences committed within an enterprise Art. 36

For in case of confiscation independent of criminal proceedings Art. 37

Fixing of another for Art. 38

Examination of jurisdiction and agreement on the for Art. 39

Conflicts of forests Art. 40

Challenge of the forum by the parties Art.

Common provisions Art. 42

Scope and definition Art. 43

Obligation to grant mutual legal assistance Art. 44

Support Art. 45

Direct communication Art. 46

Fees Art. 47

Conflicts S. 48

Principles Art. 49

Application for enforcement of coercive measures Art. 50

Participation in pleadings Art. 51

Principles Art. 52

Use of the Police Article 53

Applicability of this Code Art. 54

Jurisdiction Art. 55

Grounds for objection Art. 56

Mandatory declaration Art. 57

Recusal requested by part Art. 58

Decision Art. 59

Consequences of infringement of the provisions on recusal Art. 60

Appointing Authority Art. 61

General tasks Art. 62

Hearing Police Art. 63

Disciplinary measures Art. 64

Challenge of court orders Art. 65

Orality Art. 66

Language of the proceedings Art. 67

Translations Art. 68

Principles S. 69

Restricting hearing and in camera proceedings Art. 70

Audio and video recordings Art. 71

Judicial Chronicle Art. 72

Obligation to keep secrecy Art. 73

Public Information Art. 74

Information from authorities Art. 75

General provisions Art. 76

Minutes of Proceedings Art. 77

Minutes of the hearings Art. 78

Correction Art. 79

Form Art. 80

Content of closing statements Art. 81

Restrictions on the obligation to motivate Art. 82

Explanation and Correction of the Speeches Art. 83

Notification of Speeches Art. 84

Form of Communications and Notifications Art. 85

Electronic Notification Art. 86

Domicile of notification Art. 87

Official publication Art. 88

General provisions Art. 89

Computation of Time Limits Art. 90

Observation of time limits Art. 91

Extension of time limits and deferment of terms Art. 92

Defect Art. 93

Restitution Art. 94

Collection of personal data Art. 95

Disclosure and use of data in proceedings pending Art. 96

Right to information in proceedings pending Art. 97

Correction of data Art. 98

Processing and retention of personal data after the conclusion of the proceedings Art. 99

Record Keeping Art. 100

Consultation of files in proceedings pending Art. 101

Rules applicable in case of request for consultation of files Art. 102

Retention of records S. 103

Parties Art. 104

Other participants in the proceedings Art. 105

Capacity to be sued Art. 106

Right to be heard Art. 107

Restriction of the right to be heard Art. 108

Requests Art. 109

Form Art. 110

Definition Art. 111

Criminal proceedings against the undertaking Art. 112

Statute Art. 113

Ability to take part in debates Art. 114

Art. 115

Definition Article 116

Status Article 117

Definition and conditions Art. 118

Form and content of declaration Art. 119

Waiver and Withdrawal Art. 120

Transfer of Rights Art. 121

General provisions Art. 122

Calculation and reasoning Art. 123

Jurisdiction and Procedure Art. 124

Security for expenditure occasioned by civil conclusions Art. 125

Decision Art. 126

Art. 127

Status Article 128

Private defence Art. 129

Compulsory defence Art. 130

Implementation of compulsory defence Art. 131

Office of Defence Art. 132

Designation of Office Defender Art. 133

Revocation and Replacement of Defender of Office Art. 134

Indemnification of Office Defender Art. 135

Conditions Art. 136

Designation, Revocation and Replacement Art. 137

Compensation and payment of costs Art. 138

Principles Art. 139

Methods of Administration of Prohibited Evidence Art. 140

Exploitation of means of evidence obtained unlawfully Art. 141

Competent criminal authorities for hearings Art. 142

Execution of the hearing Art. 143

Hearing by video conference Art. 144

Written Reports Art. 145

Hearing of several persons and confrontations Art. 146

General Art. 147

In case of mutual legal assistance Art. 148

In general Art.

Ensuring anonymity Art. 150

Measures to protect undercover agents Art. 151

General measures to protect victims Art. 152

Special measures to protect victims of crimes against sexual integrity Art. 153

Special measures to protect children Art. 154

Measures to protect persons with mental disorders Art. 155

Measures to protect persons outside the procedure Art. 156

Principle Art. 157

Information to be given at the first hearing Art. 158

Police conduct in the investigative process Art. 159

Procedures for hearing confessions Art. 160

Examination of the Personal Situation in the Preliminary Procedure Art. 161

Definition Art. 162

Ability and obligation to testify Art. 163

Information on witnesses Art. 164

Duty of discretion of witnesses Art. 165

Hearing of the injured Art. 166

Compensation Art. 167

Right to refuse to testify because of personal relationships Art. 168

Right to refuse to give evidence for his or her own protection or that of a relative Art. 169

Right to refuse to testify based on secrecy of function Art. 170

Right to refuse to testify based on solicitor-client privilege Art. 171

Protecting the sources of media professionals Art. 172

Right to refuse 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 to refuse to testify Art. 175

Unjustified refusal to testify Art. 176

Art. 177

Definition Art. 178

Hearing of persons to give information by police Art. 179

Status Article 180

Hearing Art. 181

Use of an expert Art. 182

Qualifications of the expert Art. 183

Designation and Mandate Art. 184

Establishing expertise Art. 185

Hospitalization for expertise Art. 186

Form of expertise Art. 187

Observations of the Parties Art. 188

Expertise to be completed or clarified Art. 189

Compensation Art. 190

Expert's Negligences Art. 191

Exhibits of conviction Art. 192

Inspection Sec. 193

Filing of files Art. 194

Request for Reports and Information Art. 195

Definition Art. 196

Principles Art. 197

Jurisdiction Art. 198

Communication of delivery Art. 199

Use of force Art. 200

Form and content Art. 201

Time limit Art. 202

Exceptions Art. 203

Except-conduit Art. 204

Obligation to Appear, Impediment and Default Art.

Police Appearance Warrants Art. 206

Conditions and jurisdiction Art. 207

Form of the mandate to bring Art.

Procedure Art. 209

Principles Art. 210

Public Participation Art. 211

Principles Art. 212

Home visit Art. 213

Information Art. 214

Understanding Art. 215

Right of consequence Art. 216

Police Arrest Art. 217

Arrest by individuals Art. 218

Procedure by the Police Art. 219

Definitions S. 220

Conditions Art. 221

Rule of law Art. 222

Relations of the accused with his defender Art. 223

Proceedings before the Public Prosecutor's Office Art. 224

Procedure for detention before the court for coercive measures Art. 225

Decision of the Court of Restraint Measures Art. 226

Request for an extension of pre-trial detention Art. 227

Request for the release of provisional detention Art. 228

Decision ordering detention on grounds of security Art. 229

Release of detention for security reasons during the first instance proceedings Art. 230

Detention for security reasons following the judgment of first instance Art. 231

Detention on grounds of security during proceedings before the court of appeal Art. 232

Request for release during proceedings before the appeal court Art. 233

Establishment of detention Art. 234

Enforcement of detention Art. 235

Early enforcement of penalties and measures Art. 236

General provisions Art. 237

Provision of security rights Art. 238

Release of security rights Art. 239

Evolving security rights Art. 240

Delivery of the measure Art. 241

Execution Art. 242

Incidental Discoveries Art. 243

Principle Art. 244

Enforcement Article 245

Principle 246

Execution Art. 247

Sealing Article 248

Principle Art. 249

Enforcement Art. 250

Principle 251

Execution Art. 252

Suspect Death Article 253

Exhumation Article 254

General conditions Art. 255

Collection of Samples in Major Surveys Art. 256

Collection of samples of convicted persons Art. 257

Enforcement of Sample Collection Art. 258

Applicability of the DNA Profile Act Art. 259

Seizure of identifying data Art. 260

Use and Retention of Material Data Art. 261

Writing or Voice Samples Art. 262

Principle Art. 263

Restrictions Art. 264

Obligation to Deposit Art. 265

Execution Art. 266

Decision on Sequestered Heritage Objects and Values Art. 267

Sequestrian in cover of costs Art. 268

Conditions Art. 269

Purpose of Surveillance Art. 270

Protection of professional secrecy Art. 271

Authorisation and framework authorisation scheme Art. 272

Data on traffic and invoicing and user identification Art. 273

Authorization procedure Sec. 274

Waiving of Surveillance Art. 275

Information not necessary for the proceedings Art. 276

Information collected during unauthorized surveillance Art. 277

Incidental Discoveries Art. 278

Communication Art. 279

Goals Art. 280

Conditions and performance Art. 281

Conditions Art. 282

Communication Art. 283

Principle Art. 284

Enforcement Article 285

Definition Article 285 A

Conditions Art. 286

Qualifications of the undercover agent Art. 287

Identity of Borrowing and Assurance of Anonymity Art. 288

Authorization procedure Art. 289

Instructions before the mission Art. 290

Contact person Art. 291

Obligations of the undercover agent Art. 292

Scope of intervention Art. 293

Interventions in the prosecution of drug offences Sec. 294

Amounts necessary for the conclusion of a fictitious market Article 295

Incidental Findings Art. 296

Termination of the Mission Art. 297

Communication Art. 298

Definition Art. 298 A

Conditions Art. 298 B

Qualifications of the agent for secret searches and implementing rules Art. 298 C

End of research and communication Art. 298 D

Definition and Purpose Art. 299

Introduction Art. 300

Right to denounce Art. 301

Obligation to denounce Art. 302

Prosecution of complaints and prosecutions under authorization Art. 303

Form of criminal complaint Art. 304

Victim Information and Announcement of Cases Art. 305

Police duties Art. 306

Cooperation with the Public Prosecutor's Office.

Definition and purpose of the instruction Art. 308

Opening of Art. 309

Non-Admission Ordinance Art. 310

Evidence Administration and Extension of Training Art. 311

Mandates of the Public Prosecutor's Office Art. 312

Administration of Evidence in Relation to Civil Findings Art. 313

Suspension Art. 314

Resumption of the inquiry Art. 315

Art. 316

Final Hearing Art. 317

Closing Art. 318

Grounds for Classification Art. 319

Order of Classification Art. 320

Notification Art. 321

Approval and means of appeal Art. 322

Resumption of the preliminary proceedings Art. 323

Principles S. 324

Contents of the indictment Art. 325

Other Information and Proposals Art. 326

Notification of indictment Art. 327

Lis pendens Art. 328

Examination of the accusation, suspension and classification Art. 329

Preparation of debates Art. 330

Fixing of proceedings Art. 331

Preliminary Debates Section 332

Amendment and Supplements of the accusation Art. 333

Divestment Article 334

Composition of the Court Art. 335

Prerequisites, ex officio defence and compulsory defence Art. 336

Public Prosecutor Art. 337

Complainant and third parties Art. 338

Opening, Questions for a Preliminary ruling and Incidental Matters Art. 339

Continuation of the proceedings Art. 340

Hearings Art. 341

Two-part discussion of the proceedings Art. 342

Administration of Evidence Art. 343

Divergent legal assessment Art. 344

Closure of the Probationary Procedure Art. 345

Order of oral argument Art. 346

Conclusion of the pleadings Art. 347

Proceedings Art. 348

Supplement to Evidence Art. 349

Latitude in the assessment of the accused; Basis of the judgment Art. 350

Pronounced and Notification of Judgement Art. 351

Conditions Art. 352

Contents and Notification of the Criminal Order Art. 353

Opposition Art. 354

Procedure in case of opposition Art. 355

Proceedings before the Court of First Instance Art. 356

Article 357

Principles Art. 358

Initiation of proceedings Art. 359

Indictment Art. 360

Debates Art.

Judgement or Discharge Article 362

Jurisdiction Art. 363

Procedure Art. 364

Decision Art. 365

Conditions Art. 366

Execution and delivery Art. 367

Request for a New Judgment Art. 368

Procedure Art. 369

New judgment Art. 370

Relationship to Appeal Art. 371

Conditions and jurisdiction Art. 372

Procedure Art. 373

Conditions and Procedure Art. 374

Pronounced Art. 375

Conditions Art. 376

Procedure Art. 377

Allocation to the injured party Art. 378

Applicable provisions Art. 379

Final or non-appeal decisions Art. 380

Quality to use the Public Prosecutor's Office Art. 381

Quality of Use of Other Parties Art. 382

Provision of security Art. 383

Time limit Art. 384

Motivation and Form Art. 385

Waiver and Withdrawal Art. 386

Suspensive effect Art. 387

Orders by the Directorate of Procedure and Provisional Measures Art. 388

Complements of Evidence Art. 389

Written Proceedings Art. 390

Decision Art. 391

Extension of the scope of appeal decisions Art. 392

Admissibility and grounds of appeal Art. 393

Inadmissibility of the appeal Art. 394

Collective redress authority Art. 395

Form and time limit Art. 396

Procedure and decision Art. 397

Admissibility and grounds of appeal Art. 398

Announcement and Appeal Statement Art. 399

Prior Examination Art. 400

Joint Appeal Art. 401

Effect of Appeal Art. 402

Entry into matter Art. 403

Scope of the Examination Art. 404

Oral Proceedings Art. 405

Written Proceedings Art. 406

Defect of the Parties Sec.

New judgment Art. 408

Cancellation and Removal Art. 409

Admissibility and reasons for revision Art. 410

Form and time limit Art. 411

Prior examination and entry into matter Art. 412

Decision Art. 413

New procedure Art. 414

Consequences of the new decision Art. 415

Scope of application Art. 416

Fees resulting from vitiated procedural acts Art. 417

Participation of several persons and third party liability Art. 418

Costs to irresponsible persons Art. 419

Recursive action Art. 420

Decision on the fate of costs Art. 421

Definition Art. 422

Principles S. 423

Calculation and emoluments Art. 424

Sursis and surrender Art. 425

Costs to the accused and parties in an independent procedure in respect of measures Art. 426

Costs to the complainant and the complainant Art. 427

Costs in the appeal proceedings Art. 428

Pretentions S. 429

Reduction or denial of compensation or compensation for moral harm Art. 430

Measures of unlawful coercion Art. 431

Pretentions for the Complainant and the Complainant Art. 432

Complainant Art. 433

Third parties Art.

Limitation period Article 435

Compensation and compensation for moral harm in the appeal proceedings Art. 436

Entry into Force Art. 437

Recognition of entry into force Art. 438

Enforcement of Sentences and Measures Art. 439

Detention on grounds of security Art. 440

Limitation of the sentence Art. 441

Enforcement of decisions on the fate of costs of proceedings and other financial benefits Art. 442

Enforcement of decisions on civil claims Art. 443

Official Publications Art. 444

Article 445

Repeal and Amendment of the Law in Force Art. 446

Coordination provisions Art. 447

Applicable law Art. 448

Jurisdiction Art. 449

Debates of first instance Art. 450

Subsequent Independent Judicial Decisions Art. 451

Default Procedure Art. 452

Decisions rendered before the entry into force of this Code Art.

Decisions rendered after the entry into force of this Code Art.

Opposition to criminal orders Art. 455

Procedures introduced by the complainant Art. 456

S. 456 A

Article 457


1 RS 312.5
2 The new LAVI has entered into force on 1 Er Jan 2009.
3 RS 322.1


State 1 Er January 2016