Criminal Procedure Code (CrimPC)

Art. 410CrimPC from 2020

Art. 410 Admissibility of and grounds for a review

¹ Any person who is adversely affected by a legally binding final judgment, a summary penalty order, a subsequent judicial decision or a decision in separate proceedings on measures may request a review of the case if:

a.

new circumstances that arose before the decision or new evidence have come to light that are likely to lead to an acquittal, a considerably reduced or more severe penalty for the convicted person or the conviction of an acquitted person;

b.

the decision is irreconcilably contradictory to a subsequent criminal judgment relating to the same set of circumstances;

c.

it has been proven in other criminal proceedings that the result of proceedings was influenced by a criminal offence; a conviction is not required; if it is not possible to conduct criminal proceedings, proof may be adduced in another way.

² The review of a case due to a violation of the Convention of 4 November 1950¹ for the Protection of Human Rights and Fundamental Freedoms (ECHR) may be requested if:

a.

the European Court of Human Rights has held in a final judgment that the ECHR or its Protocols have been violated;

b.

the consequences the violation cannot be compensated for by the payment of damages; and

c.

the review of a case is necessary in order to redress the violation.

³ The review of a case for the benefit of the person convicted may also be requested after the case becomes time-barred.

⁴ Is the review of a case is limited to civil claims, it shall be admissible only if the civil procedure law applicable at the place of jurisdiction would allow a review of a case.

¹ SR 0.101