Criminal Procedure Code (CrimPC)

Art. 314CrimPC from 2022

Art. 314

¹ The public prosecutor may suspend an investigation, in particular if:

a.

the identity of the offender or his or her whereabouts is unknown is or there are other temporary procedural impediments;

b.

the outcome of the criminal proceedings depends on other proceedings and it seems appropriate to await their conclusion;

c.

private settlement proceedings are ongoing and it seems appropriate to await their outcome;

d.

a decision on the substance of the case depends on how the consequences of the offence develop.

² In the case of paragraph 1 letter c, the period of suspension shall be limited to 3 months; it may be extended on one occasion by a further 3 months.

³ Before suspending proceedings, the public prosecutor shall gather any evidence that is at risk of being lost. If the identity of the offender or his or her whereabouts is unknown, it shall order that he or she be traced.

⁴ The public prosecutor shall give notice of the suspension to the accused, the private claimant and the victims.

⁵ The procedure is otherwise governed by the provisions on the abandonment of proceedings.

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