Criminal Procedure Code (CrimPC) in english

Criminal Procedure Code - 2023

Art. 1 Scope of Application and PrinciplesChapter 1Scope of Application and the Administration of Criminal Justice
Art. 2 Administration of criminal justice
Art. 3 Principles of Criminal Procedure Law
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 Criminal Justice AuthoritiesChapter 1 PowersSection 1 General Provisions
Art. 13 Courts
Art. 14 Titles and organisation of the criminal justice authorities
Art. 15 Prosecution Authorities
Art. 16 Public prosecutor
Art. 17 Authorities responsible for prosecuting contraventions
Art. 18 Courts
Art. 19 Court of first instance
Art. 20 Objections authority
Art. 21 Court of appeal
Art. 22 Material JurisdictionSection 1 Extent of Federal and Cantonal Jurisdiction
Art. 23 Federal jurisdiction in general
Art. 24
Art. 25 Delegation to the cantons
Art. 26 Multiple jurisdiction
Art. 27 Jurisdiction over the initial enquiries
Art. 28 Conflicts
Art. 29 Jurisdiction where two or more Offences coincide
Art. 30 Exceptions
Art. 31 Place of JurisdictionSection 1 Principles
Art. 32 Place of jurisdiction for offences committed abroad or at an unknown location
Art. 33 Special Jurisdiction
Art. 34 Place of jurisdiction where two or more offences are committed at different loci
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 proceedings against corporate undertakings
Art. 37 Place of jurisdiction for separate forfeiture proceedings
Art. 38 Establishing an alternative place of jurisdiction
Art. 39 Procedure for Establishing Jurisdiction
Art. 40 Conflicts of jurisdiction
Art. 41 Contesting the place of jurisdiction
Art. 42 Common provisions
Art. 43 Domestic Mutual AssistanceSection 1 General Provisions
Art. 44 Obligation to provide mutual assistance
Art. 45 Support
Art. 46 Direct communication
Art. 47 Costs
Art. 48 Disputes
Art. 49 Procedural Acts at the Request of the Confederation or of another Canton
Art. 50 Request for compulsory measures
Art. 51 Right to participate
Art. 52 Procedural Acts in another Canton
Art. 53 Using the services of the police
Art. 54 International Mutual Assistance
Art. 55 Jurisdiction
Art. 56 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 Director of Proceedings

Revised by the Federal Assembly Drafting Committee (Art. 58 para. 1 ParlA; SR 171.10).

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 General Procedural RegulationsSection 1 Requirement of Oral Proceedings; Language
Art. 67 Language of the proceedings
Art. 68 Translation and interpretation
Art. 69 Public Proceedings
Art. 70 Restrictions on and exclusion of public access
Art. 71 Video and audio recordings
Art. 72 Court reporting
Art. 73 Confidentiality, Information to the Public, Communications to Authorities
Art. 74 Information to the public
Art. 75 Communications with other authorities
Art. 76 Records
Art. 77 Records of proceedings
Art. 78 Records of hearings
Art. 79 Corrections
Art. 80 Decisions
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 and Service of Decisions
Art. 85 Form and service of communications
Art. 86 Electronic service
Art. 87 Address for service
Art. 88 Public notice
Art. 89 Time Limits and Deadlines
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 Data Processing
Art. 95a Processing 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 Management, Inspection and Retention of Case Files
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 General ProvisionsSection 1 Definition and Status
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 Procedural Acts by the Parties
Art. 110 Form
Art. 111 The Accused
Art. 112 Criminal proceedings against corporate undertakings
Art. 113 Status
Art. 114 Fitness to plead
Art. 115 Persons suffering Harm, Victims and Private ClaimantsSection 1 Persons suffering Harm
Art. 116 Victims
Art. 117 Status
Art. 118 Private Claimants
Art. 119 Form and content of the declaration
Art. 120 Waiver and withdrawal
Art. 121 Legal successors
Art. 122 Civil Claims
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 Legal AgentsSection 1 Principles
Art. 128 Defence Lawyers
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 Legal Aid for the Private Claimant
Art. 137 Appointment, dismissal and change
Art. 138 Fees and allocation of costs
Art. 139 EvidenceChapter 1 General ProvisionsSection 1 Taking Evidence and Admissibility of Evidence
Art. 140 Prohibited methods of taking evidence
Art. 141 Admissibility of unlawfully obtained evidence
Art. 142 Examination Hearings
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 Rights to Participate in the Taking of Evidence
Art. 148 In mutual assistance proceedings
Art. 149 Protective Measures
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 Examination Hearings with the Accused
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 WitnessesSection 1 General Provisions
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 Rights to Refuse to Testify
Art. 169 Right to refuse to testify for personal protection or to protect closely related persons
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 Examination Hearings with Witnesses
Art. 178 Persons providing Information
Art. 179 Persons providing information at police examination hearings
Art. 180 Status
Art. 181 Examination hearing
Art. 182 Authorised Experts
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 Material Evidence
Art. 193 Inspection
Art. 194 Consultation of case files
Art. 195 Obtaining reports and information
Art. 196 Compulsory MeasuresChapter 1 General Provisions
Art. 197 Principles
Art. 198 Competence
Art. 199 Notice of the order
Art. 200 Use of force
Art. 201 Summonses, Enforced Appearances and Tracing of Wanted Persons or PropertySection 1 Summonses
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 Appearance enforced by the Police
Art. 208 Form of the order
Art. 209 Procedure
Art. 210 Tracing of Wanted Persons or Property
Art. 211 Assistance from the public
Art. 212 Deprivation of Liberty, Remand and Preventive DetentionSection 1 General Provisions
Art. 213 Access to premises
Art. 214 Notification
Art. 215 Police Powers to Stop and of Pursuit
Art. 216 Pursuit
Art. 217 Arrest
Art. 218 By private individuals
Art. 219 Police procedure
Art. 220 Remand and Preventive Detention: General Provisions
Art. 221 Requirements
Art. 222 Appellate remedies
Art. 223 Communications with the defence in detention proceedings
Art. 224 Remand
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 Preventive Detention
Art. 230 Release from preventive detention during the proceedings before the court of first instance
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 appeal
Art. 234 Execution of Remand and Preventive Detention
Art. 235 Conditions of detention
Art. 236 Accelerated execution of sentences and measures
Art. 237 Alternative Measures
Art. 238 Payment of money bail
Art. 239 Return of the bail payment
Art. 240 Forfeiture of the bail payment
Art. 241 Searches and ExaminationsSection 1 General Provisions
Art. 242 Conduct of searches
Art. 243 Accidental finds
Art. 244 Searches of Premises
Art. 245 Conduct of searches
Art. 246 Search of Records and Recordings
Art. 247 Conduct
Art. 248 Sealing of evidence
Art. 249 Searches of Persons and Property
Art. 250 Conduct
Art. 251 Examination of Persons
Art. 252 Conduct of physical examinations
Art. 253 Examination of Dead Bodies
Art. 254 Exhumation
Art. 255 DNA Analyses
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, Handwriting and Voice Samples
Art. 261 Retention and use of identifying documents
Art. 262 Handwriting and voice samples
Art. 263 Seizure
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 Covert Surveillance MeasuresSection 1 Surveillance of Post and Telecommunications
Art. 269bis Use of special technical devices for the surveillance of telecommunications
Art. 269ter Use of special software for the surveillance of telecommunications
Art. 269quater Requirements applicable to special software for the surveillance of telecommunications
Art. 270 Subject matter of surveillance
Art. 271 Preservation of professional confidentiality
Art. 272 Duty to obtain authorisation and general authorisation
Art. 273 Subscriber information, location identification and technical transmission features
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 Surveillance using Technical Surveillance Devices
Art. 281 Requirements and conduct
Art. 282 Observation
Art. 283 Notice
Art. 284 Surveillance of Banking Transactions
Art. 285 Conduct
Art. 285a Undercover Investigations
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. 298a Undercover Enquiries
Art. 298b Requirements
Art. 298c Requirements for the persons deployed and conduct
Art. 298d Termination and notification
Art. 299 Preliminary ProceedingsChapter 1 General Provisions
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
Art. 306 Police Enquiries
Art. 307 Cooperation with the public prosecutor
Art. 308 Investigation by the Public ProsecutorSection 1 Duties of the Public Prosecutor
Art. 309 Opening the investigation
Art. 310 No-proceedings order
Art. 311 Conduct of 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 Private Settlements
Art. 317 Conclusion of the Investigation
Art. 318 Conclusion
Art. 319 Abandoning Proceedings and Bringing ChargesSection 1 Abandoning Proceedings
Art. 320 Ruling abandoning proceedings
Art. 321 Notice
Art. 322 Approval and rights of appeal
Art. 323 Reopening of proceedings
Art. 324 Bringing Charges
Art. 325 Content of the indictment
Art. 326 Further information and applications
Art. 327 Service of the indictment
Art. 328 Main Proceedings of First InstanceChapter 1 Pending Status, Preparation for the Main Hearing, General Provisions on the Main Hearing
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 Conduct of the Main HearingSection 1 Court and Persons involved in the Proceedings
Art. 336 Accused, duty defence lawyer and mandatory defence lawyer
Art. 337 Public prosecutor
Art. 338 Private claimant and third parties
Art. 339 Commencement of the Main Hearing
Art. 340 Continuation of the hearing
Art. 341 Procedure for Taking Evidence
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 and Conclusion of the Party Hearing
Art. 347 Conclusion of the party hearing
Art. 348 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 Summary Penalty Order Procedure, Contravention ProcedureSection 1 Summary Penalty Order Procedure
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 Contravention Proceedings
Art. 358 Accelerated Proceedings
Art. 359 Opening proceedings
Art. 360 Indictment
Art. 361 Main hearing
Art. 362 Judgment or rejection of application
Art. 363 Procedure for Separate Subsequent Court Decisions
Art. 364 Procedure
Art. 364a Preventive detention with a view to a separate subsequent court decision
Art. 364b Preventive detention during the court proceedings
Art. 365 Decision
Art. 366 Procedure in the Absence of the AccusedSection 1 Requirements and Conduct
Art. 367 Conduct and decision
Art. 368 Re-assessment
Art. 369 Procedure
Art. 370 New judgment
Art. 371 Relationship to an appeal
Art. 372 Separate Measures ProceduresSection 1 Good Behaviour Bond Order
Art. 373 Procedure
Art. 374 Procedure where the Accused is not legally responsible due to a Mental Disorder
Art. 375 Decision
Art. 376 Separate Forfeiture Proceedings
Art. 377 Procedure
Art. 378 Use for the benefit of the person suffering harm
Art. 379 Appellate RemediesChapter 1 General Provisions
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 Objections
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 AppealsSection 1 General Provisions
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 Procedure
Art. 404 Extent of consideration
Art. 405 Oral procedure
Art. 406 Written procedure
Art. 407 Default by the parties
Art. 408 Appeal Decision
Art. 409 Quashing the judgment and remitting the case
Art. 410 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 Procedural Costs, Damages and SatisfactionChapter 1 General Provisions
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 disorder
Art. 420 Legal action
Art. 421 Decision on costs
Art. 422 Procedural Costs
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 proceedings
Art. 427 Liability to pay costs of the private claimant and the complainant
Art. 428 Allocation of costs in appellate proceedings
Art. 429 Damages and SatisfactionSection 1 Accused
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 and Third Parties
Art. 434 Third parties
Art. 435 Special Provisions
Art. 436 Damages and satisfaction in appellate proceedings
Art. 437 Legal Effect and Execution of Decisions in Criminal ProceedingsChapter 1 Legal Effect
Art. 438 Notification of legal effect
Art. 439 Enforcement of Decisions in Criminal Proceedings
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 Final ProvisionsChapter 1 Implementing Provisions
Art. 446 Amendment of Legislation
Art. 447 Coordination provisions
Art. 448 Transitional ProvisionsSection 1 General Procedural Provisions
Art. 449 Jurisdiction
Art. 450 Main Proceedings of First Instance and Special Proceedings
Art. 451 Separate subsequent court decisions
Art. 452 Proceedings in absentia
Art. 453 Appellate Proceedings
Art. 454 Decision made after this Code comes into force
Art. 455 Rejections of Summary Penalty Orders; Private Prosecutions
Art. 456 Private prosecutions
Art. 456a Transitional Provision to the Amendment of 28 September 2012
Art. 457 Referendum and Commencement
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