Art. 362 CrimPC from 2023
Art. 362 Judgment or rejection of application
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2 If the requirements for a judgment in the accelerated proceedings are fulfilled, the court shall issue a judgment that sets out the offences, sanctions and civil claims contained in the indictment, together with a brief statement of reasons for the fulfilment of the requirements for the accelerated proceedings.
3 If the requirements for a judgment in the accelerated proceedings are not fulfilled, the court shall return the files to the public prosecutor so that ordinary preliminary proceedings may be conducted. The court shall give notice of its decision not to issue a judgment both orally and by issuing written conclusions. This decision is non-contestable.
4 Following a decision not to issue a judgment in accelerated proceedings, statements made by the parties for the purpose of the accelerated proceedings may not be used in any subsequent ordinary proceedings.
5 The sole grounds for appeal against a judgment in accelerated proceedings are that a party did not consent to the indictment or that the judgment does not correspond to the indictment.
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
