Criminal Procedure Code (CrimPC) in english

Criminal Procedure Code - 2022

Art. 1 - Scope of application
Art. 2 - Administration of criminal justice
Art. 3 - Respect for human dignity and requirement of fairness
Art. 4 - Independence
Art. 5 - Principle of expeditiousness
Art. 6 - Principle of substantive truth
Art. 7 - Obligation to prosecute
Art. 8 - Waiving prosecution
Art. 9 - Principle of no judgment without a charge
Art. 10 - Presumption of innocence and assessment of evidence
Art. 11 - Prohibition of double jeopardy
Art. 12 - Prosecution authorities
Art. 13 - Courts
Art. 14 - Titles and organisation of the criminal justice authorities
Art. 15 - Police
Art. 16 - Public prosecutor
Art. 17 - Authorities responsible for prosecuting contraventions
Art. 18 - Compulsory measures court
Art. 19 - Court of first instance
Art. 20 - Objections authority
Art. 21 - Court of appeal
Art. 22 - Cantonal jurisdiction
Art. 23 - Federal jurisdiction in general
Art. 24 - Federal jurisdiction in the case of organised crime, terrorist financing and white-collar [...]
Art. 25 - Delegation to the cantons
Art. 26 - Multiple jurisdiction
Art. 27 - Jurisdiction over the initial enquiries
Art. 28 - Conflicts
Art. 29 - Principle of unity of proceedings
Art. 30 - Exceptions
Art. 31 - Place of jurisdiction of the place of commission
Art. 32 - Place of jurisdiction for offences committed abroad or at an unknown location
Art. 33 - Place of jurisdiction in the case of two or more participants
Art. 34 - Place of jurisdiction where two or more offences are committed at different [...]
Art. 35 - Place of jurisdiction for offences via the media
Art. 36 - Place of jurisdiction in the case of Debt Enforcement and Bankruptcy offences and criminal [...]
Art. 37 - Place of jurisdiction for separate forfeiture proceedings
Art. 38 - Establishing an alternative place of jurisdiction
Art. 39 - Verification of and agreement on jurisdiction
Art. 40 - Conflicts of jurisdiction
Art. 41 - Contesting the place of jurisdiction
Art. 42 - Common provisions
Art. 43 - Scope of application and definition
Art. 44 - 1Obligation to provide mutual assistance
Art. 45 - Support
Art. 46 - Direct communication
Art. 47 - Costs
Art. 48 - Disputes
Art. 49 - Principles
Art. 50 - Request for compulsory measures
Art. 51 - Right to participate
Art. 52 - Principles
Art. 53 - Using the services of the police
Art. 54 - Scope of Application of this Code
Art. 55 - Jurisdiction
Art. 56 - Grounds for recusal
Art. 57 - Duty to notify
Art. 58 - Recusal request by a party
Art. 59 - Decision
Art. 60 - Consequences of violating the recusal regulations
Art. 61 - Jurisdiction
Art. 62 - General duties
Art. 63 - Measures to ensure order in court
Art. 64 - Disciplinary measures
Art. 65 - Right of appeal against procedural orders issued by the court
Art. 66 - Requirement of oral proceedings
Art. 67 - Language of the proceedings
Art. 68 - Translation and interpretation
Art. 69 - Principles
Art. 70 - Restrictions on and exclusion of public access
Art. 71 - Video and audio recordings
Art. 72 - Court reporting
Art. 73 - Duty of confidentiality
Art. 74 - Information to the public
Art. 75 - Communications with other authorities
Art. 76 - General Provisions
Art. 77 - Records of proceedings
Art. 78 - Records of hearings
Art. 79 - Corrections
Art. 80 - Form
Art. 81 - Content of final judgments
Art. 82 - Limitations to the duty to state grounds
Art. 83 - Explanation and correction of decisions
Art. 84 - Notice of decisions
Art. 85 - Form and service of communications
Art. 86 - 1Electronic service
Art. 87 - Address for service
Art. 88 - Public notice
Art. 89 - General Provisions
Art. 90 - Commencement and calculation of time limits
Art. 91 - Compliance with time limits
Art. 92 - Extension of time limits and postponement of hearings
Art. 93 - Default
Art. 94 - New time limit
Art. 95 - Obtaining personal data
Art. 95 - a1Processing of personal data
Art. 96 - Disclosure and use in pending criminal proceedings
Art. 97 - Rights to information in the case of pending proceedings
Art. 98 - Correction of data
Art. 99 - Processing and retention of personal data after conclusion of the proceedings
Art. 100 - File management
Art. 101 - Inspection of case documents in pending proceedings
Art. 102 - Procedure relating to applications to inspect case documents
Art. 103 - Retention of case documents
Art. 104 - Parties
Art. 105 - Other persons involved in the proceedings
Art. 106 - Capacity to act
Art. 107 - Right to be heard
Art. 108 - Restriction of the right to be heard
Art. 109 - Submissions
Art. 110 - Form
Art. 111 - Definition
Art. 112 - Criminal proceedings against corporate undertakings
Art. 113 - Status
Art. 114 - Fitness to plead
Art. 115 - 1 A person suffering harm is a person whose rights have been directly violated by [...]
Art. 116 - Definitions
Art. 117 - Status
Art. 118 - Definition and requirements
Art. 119 - Form and content of the declaration
Art. 120 - Waiver and withdrawal
Art. 121 - Legal successors
Art. 122 - General Provisions
Art. 123 - Quantification and statement of the grounds
Art. 124 - Jurisdiction and procedure
Art. 125 - Security for the claims against the private claimant
Art. 126 - Decision
Art. 127 - 1 The accused, the private claimant and the other persons involved in the [...]
Art. 128 - Status
Art. 129 - Right to choose a defence lawyer
Art. 130 - Mandatory appointment of a defence lawyer
Art. 131 - Appointment of the mandatory defence lawyer
Art. 132 - Duty defence lawyer
Art. 133 - Appointment of the duty defence lawyer
Art. 134 - Dismissal and change of duty defence lawyer
Art. 135 - Duty defence lawyer's fees
Art. 136 - Requirements
Art. 137 - Appointment, dismissal and change
Art. 138 - Fees and allocation of costs
Art. 139 - Principles
Art. 140 - Prohibited methods of taking evidence
Art. 141 - Admissibility of unlawfully obtained evidence
Art. 142 - Criminal justice authority conducting the examination hearing
Art. 143 - Conduct of the examination hearing
Art. 144 - Examination hearing by video conference
Art. 145 - Written reports
Art. 146 - Examination of two or more persons and confrontation hearings
Art. 147 - General provisions
Art. 148 - In mutual assistance proceedings
Art. 149 - General provisions
Art. 150 - Assurance of anonymity
Art. 151 - Measures to protect undercover investigators
Art. 152 - General measures to protect victims
Art. 153 - Special measures to protect of victims sexual offences
Art. 154 - Special measures to protect child victims
Art. 155 - Measures to protect persons with mental disorders
Art. 156 - Measures to protect persons outside the proceedings
Art. 157 - Principle
Art. 158 - Caution administered at the first interview
Art. 159 - Police examination hearings during enquiries
Art. 160 - Examination hearing with an accused who has admitted the offence
Art. 161 - Investigation of personal circumstances at the preliminary proceedings stage
Art. 162 - Definition
Art. 163 - Capacity and duty to testify
Art. 164 - Enquiries relating to witnesses
Art. 165 - Witness's duty of confidentiality
Art. 166 - Interview with the person suffering harm
Art. 167 - Compensation
Art. 168 - Right to refuse to testify due to a personal relationship
Art. 169 - Right to refuse to testify for personal protection or to protect closely related [...]
Art. 170 - Right to refuse to testify due to official secrecy
Art. 171 - Right to refuse to testify due to professional confidentiality
Art. 172 - Protection of journalists' sources
Art. 173 - Right to refuse to testify due to other duties of confidentiality
Art. 174 - Decision on permitting a person to refuse to testify
Art. 175 - Exercise of the right to refuse to testify
Art. 176 - Unlawful refusal to testify
Art. 177 - 1 The authority conducting the examination hearing shall caution the witness at the [...]
Art. 178 - Definition
Art. 179 - Persons providing information at police examination hearings
Art. 180 - Status
Art. 181 - Examination hearing
Art. 182 - Requirements for requesting the services of an expert witness
Art. 183 - Requirements for the expert witness
Art. 184 - Appointment and instructions
Art. 185 - Preparation of the report
Art. 186 - In-patient assessment
Art. 187 - Form of the expert report
Art. 188 - Right of the parties to comment
Art. 189 - Additions and improvements to the report
Art. 190 - Fees
Art. 191 - Neglect of duty
Art. 192 - Items of evidence
Art. 193 - Inspection
Art. 194 - Consultation of case files
Art. 195 - Obtaining reports and information
Art. 196 - Definition
Art. 197 - Principles
Art. 198 - Competence
Art. 199 - Notice of the order
Art. 200 - Use of force
Art. 201 - Form and content
Art. 202 - Time limit
Art. 203 - Exceptions
Art. 204 - Safe conduct
Art. 205 - Duty to appear, circumstances preventing appearance and failure to appear
Art. 206 - Police summonses
Art. 207 - Requirements and competence
Art. 208 - Form of the order
Art. 209 - Procedure
Art. 210 - Principles
Art. 211 - Assistance from the public
Art. 212 - Principles
Art. 213 - Access to premises
Art. 214 - Notification
Art. 215 - Police power to stop
Art. 216 - Pursuit
Art. 217 - By the police
Art. 218 - By private individuals
Art. 219 - Police procedure
Art. 220 - Definitions
Art. 221 - Requirements
Art. 222 - 1Appellate remedies
Art. 223 - Communications with the defence in detention proceedings
Art. 224 - Remand proceedings before the public prosecutor
Art. 225 - Detention proceedings before the compulsory measures court
Art. 226 - Decision of the compulsory measures court
Art. 227 - Application to extend the period of remand
Art. 228 - Application for release from remand
Art. 229 - Decision to order preventive detention
Art. 230 - Release from preventive detention during the proceedings before the court of first [...]
Art. 231 - Preventive detention following the judgment of the court of first instance
Art. 232 - Preventive detention during proceedings before the court of appeal
Art. 233 - Application for release from detention during proceedings before the court of [...]
Art. 234 - Detention centre
Art. 235 - Conditions of detention
Art. 236 - Accelerated execution of sentences and measures
Art. 237 - General Provisions
Art. 238 - Payment of money bail
Art. 239 - Return of the bail payment
Art. 240 - Forfeiture of the bail payment
Art. 241 - Authorisation
Art. 242 - Conduct of searches
Art. 243 - Accidental finds
Art. 244 - Principle
Art. 245 - Conduct of searches
Art. 246 - Principle
Art. 247 - Conduct
Art. 248 - Sealing of evidence
Art. 249 - Principle
Art. 250 - Conduct
Art. 251 - Principle
Art. 252 - Conduct of physical examinations
Art. 253 - Unnatural deaths
Art. 254 - Exhumation
Art. 255 - General requirements
Art. 256 - Mass testing
Art. 257 - Convicted persons
Art. 258 - Taking samples
Art. 259 - Application of the DNA Profiling Act
Art. 260 - Recording identification data
Art. 261 - Retention and use of identifying documents
Art. 262 - Handwriting and voice samples
Art. 263 - Principle
Art. 264 - Restrictions
Art. 265 - Duty to hand over items or assets
Art. 266 - Procedure
Art. 267 - Decision on seized property and assets
Art. 268 - Seizure to cover costs
Art. 269 - Requirements
Art. 269 - bis1Use of special technical devices for the surveillance of telecommunications
Art. 269 - ter1Use of special software for the surveillance of telecommunications
Art. 269 - quater1Requirements applicable to special software for the surveillance of [...]
Art. 270 - Subject matter of surveillance
Art. 271 - 1Preservation of professional confidentiality
Art. 272 - Duty to obtain authorisation and general authorisation
Art. 273 - 1Subscriber information, location identification and technical transmission [...]
Art. 274 - Authorisation procedure
Art. 275 - Conclusion of surveillance
Art. 276 - Results not required
Art. 277 - Use of the results of unauthorised surveillance operations
Art. 278 - Accidental finds
Art. 279 - Notice
Art. 280 - Permitted use
Art. 281 - Requirements and conduct
Art. 282 - Requirements
Art. 283 - Notice
Art. 284 - Principle
Art. 285 - Conduct
Art. 285 - a1Definition
Art. 286 - Requirements
Art. 287 - Requirements for the persons deployed
Art. 288 - Cover and guarantee of anonymity
Art. 289 - Authorisation procedure
Art. 290 - Briefing before deployment
Art. 291 - Commanding officer
Art. 292 - Duties of undercover investigators
Art. 293 - Scope of influence permitted
Art. 294 - Deployment in investigations under the Narcotics Act
Art. 295 - Money for simulated transactions
Art. 296 - Accidental finds
Art. 297 - Conclusion of the operation
Art. 298 - Notice
Art. 298 - a Definition
Art. 298 - b Requirements
Art. 298 - c Requirements for the persons deployed and conduct
Art. 298 - d Termination and notification
Art. 299 - Definition and purpose
Art. 300 - Commencement
Art. 301 - Right to report an offence
Art. 302 - Duty to report
Art. 303 - Offences prosecuted on complaint or with official authorisation
Art. 304 - Form of the criminal complaint
Art. 305 - 1Information and referral for the victim2
Art. 306 - Duties of the police
Art. 307 - Cooperation with the public prosecutor
Art. 308 - Definition and purpose of the investigation
Art. 309 - Opening the investigation
Art. 310 - No-proceedings order
Art. 311 - Gathering of evidence and extending the investigation
Art. 312 - Assignments given by the public prosecutor to the police
Art. 313 - Taking evidence for civil claims
Art. 314 - Suspension
Art. 315 - Resumption of proceedings
Art. 316 - 1 Where the proceedings relate to an offence that is prosecuted only on complaint, [...]
Art. 317 - Final examination hearing
Art. 318 - Conclusion
Art. 319 - Grounds
Art. 320 - Ruling abandoning proceedings
Art. 321 - Notice
Art. 322 - Approval and rights of appeal
Art. 323 - Reopening of proceedings
Art. 324 - Principles
Art. 325 - Content of the indictment
Art. 326 - Further information and applications
Art. 327 - Service of the indictment
Art. 328 - Pending status
Art. 329 - Examination of the indictment; suspension and abandonment of the proceedings
Art. 330 - Preparation for the main hearing
Art. 331 - Scheduling the main hearing
Art. 332 - Preliminary hearings
Art. 333 - Amending and adding charges
Art. 334 - Transfer
Art. 335 - Composition of the court
Art. 336 - Accused, duty defence lawyer and mandatory defence lawyer
Art. 337 - Public prosecutor
Art. 338 - Private claimant and third parties
Art. 339 - Opening; Preliminary and supplementary issues
Art. 340 - Continuation of the hearing
Art. 341 - Examination hearings
Art. 342 - Division of the main hearing
Art. 343 - Taking of evidence
Art. 344 - Differences in legal assessment
Art. 345 - Conclusion of the procedure for taking evidence
Art. 346 - Party submissions
Art. 347 - Conclusion of the party hearing
Art. 348 - Deliberations on the judgment
Art. 349 - Additional evidence
Art. 350 - Latitude in assessing the charge; Basis for the judgment
Art. 351 - Decision on and notice of the judgment
Art. 352 - Requirements
Art. 353 - Content and notice of the summary penalty order
Art. 354 - Rejection
Art. 355 - Procedure for rejection
Art. 356 - Procedure before the court of first instance
Art. 357 - 1 The administrative authorities appointed to prosecute and adjudicate [...]
Art. 358 - Principles
Art. 359 - Opening proceedings
Art. 360 - Indictment
Art. 361 - Main hearing
Art. 362 - Judgment or rejection of application
Art. 363 - Jurisdiction
Art. 364 - Procedure
Art. 365 - Decision
Art. 366 - Requirements
Art. 367 - Conduct and decision
Art. 368 - Application for a re-assessment
Art. 369 - Procedure
Art. 370 - New judgment
Art. 371 - Relationship to an appeal
Art. 372 - Requirements and jurisdiction
Art. 373 - Procedure
Art. 374 - Requirements and procedure
Art. 375 - Decision
Art. 376 - Requirements
Art. 377 - Procedure
Art. 378 - Use for the benefit of the person suffering harm
Art. 379 - Applicable regulations
Art. 380 - Final or non-contestable decisions
Art. 381 - Rights of the public prosecutor
Art. 382 - Rights of other parties
Art. 383 - Payment of security
Art. 384 - Commencement of the period for requesting the appellate remedy
Art. 385 - Statement of the grounds and form
Art. 386 - Waiver and withdrawal
Art. 387 - Suspensive effect
Art. 388 - Procedural and preliminary measures
Art. 389 - Additional evidence
Art. 390 - Written procedure
Art. 391 - Decision
Art. 392 - Extending the application of successful appellate remedies
Art. 393 - Admissibility and grounds
Art. 394 - Inadmissibility of the objection
Art. 395 - Collegial court as objections authority
Art. 396 - Form and time limit
Art. 397 - Procedure and decision
Art. 398 - Admissibility and grounds
Art. 399 - Notice of intention to appeal and appeal petition
Art. 400 - Preliminary examination
Art. 401 - Cross-appeal
Art. 402 - Effect of the appeal
Art. 403 - Decision to consider the substance of the appeal
Art. 404 - Extent of consideration
Art. 405 - Oral procedure
Art. 406 - Written procedure
Art. 407 - Default by the parties
Art. 408 - New judgment
Art. 409 - Quashing the judgment and remitting the case
Art. 410 - Admissibility of and grounds for a review
Art. 411 - Form and time limit
Art. 412 - Preliminary examination and decision to consider the substance of the case
Art. 413 - Decision
Art. 414 - New proceedings
Art. 415 - Consequences of the new decision
Art. 416 - Scope of application
Art. 417 - Liability to pay costs for procedural default
Art. 418 - Participation of more than one person and liability of third parties
Art. 419 - Liability to pay costs of persons not legally responsible due to a mental [...]
Art. 420 - Legal action
Art. 421 - Decision on costs
Art. 422 - Definition
Art. 423 - Principles
Art. 424 - Calculation and fees
Art. 425 - Deferment and remission
Art. 426 - Liability to pay costs of the accused and parties to separate measures [...]
Art. 427 - Liability to pay costs of the private claimant and the complainant
Art. 428 - Allocation of costs in appellate proceedings
Art. 429 - Claims
Art. 430 - Reduction or refusal of damages or satisfaction
Art. 431 - Unlawfully applied compulsory measures
Art. 432 - Rights in relation to the private claimant and the complainant
Art. 433 - Private claimant
Art. 434 - Third parties
Art. 435 - Time limits
Art. 436 - Damages and satisfaction in appellate proceedings
Art. 437 - Entry into force
Art. 438 - Notification of legal effect
Art. 439 - Execution of sentences and measures
Art. 440 - Preventive detention
Art. 441 - Time limit for enforcement
Art. 442 - Enforcement of decisions on procedural costs and other financial payments
Art. 443 - Enforcement of criminal judgments on civil matters
Art. 444 - Official notices
Art. 445 - The Federal Council and, insofar as they are responsible, the cantons shall issue the provisions [...]
Art. 446 - Repeal and amendment of current legislation
Art. 447 - Coordination provisions
Art. 448 - Applicable law
Art. 449 - Jurisdiction
Art. 450 - Main proceedings of first instance
Art. 451 - Separate subsequent court decisions
Art. 452 - Proceedings in absentia
Art. 453 - Decisions made before this Code comes into force
Art. 454 - Decision made after this Code comes into force
Art. 455 - Rejections of summary penalty orders
Art. 456 - Private prosecutions
Art. 456 - -
Art. 457 - 1 This Code is subject to an optional referendum