Criminal Procedure Code (CrimPC)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.
Chapter 1 Scope of Application and the Administrat
Art. 1 Scope of application
1 This Code regulates the prosecution and adjudication by the federal and cantonal criminal justice authorities of offences under federal law. 2 The procedural regulations contained in other federal acts are reserved.
Art. 2 Administration of criminal justice
1 The administration of criminal justice is the responsibility solely of the authorities specified by law. 2 Criminal proceedings may be conducted and concluded only in the forms provided for by law.
Chapter 2 Principles of Criminal Procedure Law
Art. 3 Respect for human dignity and requirement of fairness
1 The criminal justice authorities shall respect the dignity of the persons affected by the proceedings at all stages of the proceedings. 2 They shall in particular comply with: a. the principle of good faith; b. the requirement not to abuse the rights of others; c. the requirement to treat all persons involved in the proceedings equally and fairly and to grant them the right to a fair hearing; d. the prohibition, when taking evidence, of using methods that violate human dignity.
Art. 4 Independence
1 The criminal justice authorities are independent in applying the law and bound solely by the law. 2 Statutory powers to issue directives to the prosecution authorities under Article 14 are reserved.
Art. 5 Principle of expeditiousness
1 The criminal justice authorities shall commence criminal proceedings immediately and conclude them without unjustified delay. 2 Where an accused is in detention, the proceedings shall be conducted as a matter of urgency.
Art. 6 Principle of substantive truth
1 The criminal justice authorities shall investigate ex officio all the circumstances relevant to the assessment of the criminal act and the accused. 2 They shall investigate incriminating and exculpating circumstances with equal care.
Art. 7 Obligation to prosecute
1 The criminal justice authorities are obliged to commence and conduct proceedings that fall within their jurisdiction where they are aware of or have grounds for suspecting that an offence has been committed. 2 The cantons may provide: a. for the exclusion or limitation of criminal liability for statements made in the cantonal parliament by the members of their legislative and judicial authorities and of their governments; b. that the prosecution of members of their authorities responsible for the execution of sentences and measures and judicial authorities for felonies or misdemeanours committed while in office be made subject to the authorisation of a non-judicial authority.
Art. 8 Waiving prosecution
1 The public prosecutor and courts shall waive prosecution if the federal law so permits, in particular subject to the requirements of Articles 52, 53 and 54 of the Swiss Criminal Code (SCC). 2 Unless it is contrary to the private claimant's overriding interests, they shall also waive prosecution if: a. the offence is of negligible importance in comparison with the other offences with which the accused is charged as regards the expected sentence or measure; b. any additional penalty imposed in combination with the sentence in the final judgment would be negligible; c. an equivalent sentence imposed abroad would have to be taken into account when imposing a sentence for the offence prosecuted. 3 Unless it is contrary to the private claimant's overriding interests, the public prosecutor and courts may waive the prosecution if the offence is already being prosecuted by a foreign authority or the prosecution has been assigned to such an authority. 4 In such cases, they shall issue an order
Para. 1 — SR 311.0
Art. 9 Principle of no judgment without a charge
1 An offence may only be judicially assessed if the public prosecutor has brought a related charge against a specific person in the competent court based on precisely described circumstances. 2 The foregoing paragraph does not apply to proceedings relating to summary penalty orders and contraventions.
Art. 10 Presumption of innocence and assessment of evidence
1 Every person is presumed to be innocent until they have been convicted in a judgment that is final and legally binding. 2 The court shall be free to interpret the evidence in accordance with the views that it forms over the entire proceedings. 3 Where there is insurmountable doubt as to whether the factual requirements of alleged offence have been fulfilled, the court shall proceed on the assumption that the circumstances more favourable to the accused occurred.
Art. 11 Prohibition of double jeopardy
1 No person who has been convicted or acquitted in Switzerland by a final legally binding judgment may be prosecuted again for the same offence. 2 The foregoing paragraph does not apply to proceedings that have been waived or abandoned and to the review of a case.