Art. 59 CrimPC from 2023
Art. 59 Decision
1 If grounds for recusal in terms of Article 56 letter a or f are claimed or if a person acting for a criminal justice authority opposes a party application for recusal based on Article 56 letters b–e, the following authorities shall issue a final decision without taking additional evidence:a. the public prosecutor if matter relates to the police;b. the objections authority if the matter relates to the public prosecutor, the authorities responsible for prosecuting contraventions or the courts of first instance;c. the court of appeal if the matter relates to the objections authority or individual members of the court of appeal;d. (1) the Federal Criminal Court if the matter relates to an entire cantonal court of appeal.
2 The decision shall be issued in writing and with a statement of reasons.
3 Until the decision is issued, the person concerned shall continue to exercise his office.
4 If the application is approved, the procedural costs are borne by the Confederation or the canton. If it is rejected or was clearly submitted too late or vexatious, the costs are borne by the applicant.
(1) Amended by No II 3 of the FA of 17 March 2017 (Creation of an Appeals Chamber in the Federal Criminal Court), in force since 1 Jan. 2019 ([AS 2017 5769]; [BBl 2013 7109], [2016 6199]).
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
