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 Powers
Section 1 General Provisions
Art. 12 Prosecution authorities
The prosecution authorities are: a. the police; b. the public prosecutor; c. the authorities responsible for prosecuting contraventions.
Art. 13 Courts
The following bodies have judicial powers in criminal proceedings: a. the compulsory measures court; b. the court of first instance; c. the court for Article 393 appeals; d. the court for Article 398 appeals.
Art. 14 Titles and organisation of the criminal justice authorities
1 The Confederation and the cantons shall determine their own criminal justice authorities and the titles that they use. 2 They shall regulate the composition, organisation and powers of the criminal justice authorities and the appointment of their members, unless this Code or other federal acts regulate the same in full. 3 They may establish the offices of a chief public prosecutor or attorney general. 4 They may establish two or more similar criminal justice authorities and specify the local or material jurisdiction of each; exempted therefrom are the courts for Article 393 and Article 398 appeals. 5 They shall regulate the supervision of their criminal justice authorities.
Section 2 Prosecution Authorities
Art. 15 Police
1 The activities of the federal, cantonal and communal police in prosecution matters are governed by this Code. 2 The police investigate offences on their own initiative, in response to reports from members of the public and from authorities, and on the instructions of the public prosecutor; in doing so, they are subject to the supervision and the directives of the public prosecutor. 3 Where criminal proceedings are pending before a court, the court may issue the police with instructions and assignments.
Art. 16 Public prosecutor
1 The public prosecutor is responsible for the uniform exercise of the state's right to punish criminal conduct. 2 It conducts preliminary proceedings, pursues offences within the scope of the investigation, and where applicable brings charges and acts as prosecutor.
Art. 17 Authorities responsible for prosecuting contraventions
1 The Confederation and the cantons may delegate the prosecution and adjudication of contraventions to administrative authorities. 2 Where contraventions are committed in connection with a felony or misdemeanour, they shall be prosecuted by the public prosecutor and judged by the courts at the same time as the more serious offence.
Section 3 Courts
Art. 18 Compulsory measures court
1 The compulsory measures court is responsible for ordering the accused's remand or preventive detention and, where this Code so provides, for ordering or approving additional compulsory measures. 2 Members of the compulsory measures court may not sit as judge at the trial in the same case.
Art. 19 Court of first instance
1 The court of first instance assesses, as the first instance, all offences that do not fall within the jurisdiction of other authorities. 2 The Confederation and the cantons may provide that the court of first instance comprise one judge sitting alone to assess: a. contraventions; b. felonies and misdemeanours, with exception of those for which the public prosecutor demands a custodial sentence of more than two years, indefinite incarceration in terms of Article 64 SCC, treatment in terms of Article 59 SCC or, in the case of suspended sanctions to be revoked simultaneously, a deprivation of liberty of more than two years.
Para. 2 let. b — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Para. 2 let. b — SR 311.0
Art. 20 Court for Article 393 appeals
1 The court for Article 393 appeals rules on Article 393 appeals against the procedural acts and decisions not subject to an Article 398 appeal: a. of the courts of first instance; b. of the police, the public prosecutor and the authorities responsible for prosecuting contraventions; c. of the compulsory measures court in the cases provided for by this Code. 2 The Confederation and the cantons may assign the powers of the court for Article 393 appeals to the court for Article 398 appeals.
Art. 21 Court for Article 398 appeals
1 The court for Article 398 appeals decides on: a. Article 398 appeals against judgments of the courts of first instance; b. applications for the review of a case. 2 Any person who has acted as a member of the court for Article 393 appeals may not sit as a member of the court for Article 398 appeals in the same case. 3 Any person who has acted as a member of the court for Article 398 appeals in a specific case may not act as a judge reviewing the same case.
Chapter 2 Material Jurisdiction
Section 1 Extent of Federal and Cantonal Jurisdict
Art. 22 Cantonal jurisdiction
The cantonal criminal justice authorities shall prosecute and judge offences under federal law, subject to the statutory exceptions.
Art. 23 Federal jurisdiction in general
1 The following offences in the SCC are subject to federal jurisdiction: a. the offences in Titles One and Four and Articles 140, 156, 189 and 190 insofar as they are committed against persons protected by international law, members of the Federal Council, the Federal Chancellor or judges of the Federal Courts, members the Federal Assembly, the Federal Attorney General or the Deputy Attorneys General; b. the offences in Articles 137–141, 144, 160 and 172ter insofar as they relate to premises, archives or documents of diplomatic missions and consulates; c. the taking of hostages in terms of Article 185 in order to exert duress on federal or foreign authorities; d. felonies and misdemeanours under Article 224–226ter; e. the felonies and misdemeanours in Title Ten relating to coinage, paper money and banknotes, official stamps and other federal marks, weights and measures; f. the felonies and misdemeanours in Title Eleven insofar as they relate to official federal documents, with the exce
Para. 1 — SR 311.0 Para. 1 let. a — Amended by Annex No II 7 of the Criminal Justice Authorities Act of 19 March 2010, in force since 1 Jan. 2011 (AS 2010 3267; BBl 2008 8125). Para. 1 let. e — Amended by Annex No II 1 of the Fixed Penalties Act of 18 March 2016, in force since 1 Jan. 2018 (AS 2017 6559; BBl 2015 959). Para. 1 let. g — Amended by No I 3 of the FA of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statute of the International Criminal Court, in
Art. 24 Federal jurisdiction in the case of organised crime, terrorist offences and white-collar crime
1 Federal jurisdiction further applies to the offences in Articles 260ter, 260quinquies, 260sexies, 305bis, 305ter and 322ter–322septies SCC as well as the felonies associated with a criminal or terrorist organisation as defined in Article 260ter SCC, if the offences: a. have to substantial extent been committed abroad; b. have been committed in two or more cantons with no single canton being the clear focus of the criminal activity. 2 In the case of felonies under Titles Two and Eleven of the SCC, the Office of the Attorney General of Switzerland may open an investigation if: a. the requirements of paragraph 1 are fulfilled; and b. no cantonal criminal justice authority is dealing with the case or if the competent cantonal criminal justice authority requests the Office of the Attorney General of Switzerland to take over the case. 3 The opening of an investigation in accordance with paragraph 2 establishes federal jurisdiction.
Art. 24 — Amended by Annex No II 3 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021 (AS 2021 360; BBl 2018 6427). Para. 1 — SR 311.0 Para. 1 — Amended by Annex No II 3 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convent
Art. 25 Delegation to the cantons
1 The Office of the Attorney General of Switzerland may assign a criminal case subject to federal jurisdiction in terms of Article 23 to the cantonal authorities for investigation and adjudication or, by way of exception, for assessment only. Exempted therefrom are criminal cases in terms of Article 23 paragraph 1 letter g. 2 In minor cases, it may also assign a criminal case subject to federal jurisdiction in terms of Article 24 to the cantonal authorities for investigation and adjudication.
Art. 26 Multiple jurisdiction
1 If the offence was committed in two or more cantons or abroad or if offenders, co-offenders, or participants are domiciled or habitually resident in different cantons, the Office of the Attorney General of Switzerland shall decide which canton investigates and adjudicates the case. 2 If a criminal case is subject to both federal and cantonal jurisdiction, the Office of the Attorney General of Switzerland may instruct the proceedings to be combined and dealt with by the federal authorities or the cantonal authorities. 3 Jurisdiction established in accordance with paragraph 2 continues to apply even if that part of the proceedings that established jurisdiction has been abandoned. 4 Where delegation in accordance with this Chapter is an option, the public prosecutors of the Confederation and the cantons shall provide each other with their respective files. Once the decision is made, the files shall be passed to the authority that must investigate and adjudicate the case.
Art. 27 Jurisdiction over the initial enquiries
1 Where a case is subject to federal jurisdiction, the matter is urgent and the federal criminal justice authorities are not yet involved, the police enquiries and the investigation may also be conducted by the cantonal authorities that have local jurisdiction under the rules on place of jurisdiction. The Office of the Attorney General of Switzerland must be notified immediately; the case must be transferred to the OAG or referred for a decision in terms of Articles 25 or 26 as soon as possible. 2 In the case of offences that have been committed wholly or partly in two or more cantons or abroad and for which federal or cantonal jurisdiction has not yet been established, the federal criminal justice authorities may conduct the initial enquiries.
Art. 28 Conflicts
In the event of conflicts between the Office of the Attorney General of Switzerland and cantonal criminal justice authorities, the Federal Criminal Court shall decide.
Section 2 Jurisdiction where two or more Offences
Art. 29 Principle of unity of proceedings
1 Offences shall be prosecuted and adjudicated together where: a. one person is accused of two or more offences; or b. the case involves co-offending or participation. 2 Where one or more of multiple offences are subject to federal jurisdiction or multiple offences have been committed in different cantons and by two or more persons, Articles 25 and 33–38 take precedence.
Art. 30 Exceptions
The public prosecutor and the courts may separate or combine criminal proceedings for practical reasons.
Chapter 3 Place of Jurisdiction
Section 1 Principles
Art. 31 Place of jurisdiction of the place of commission
1 The authorities at the place where the criminal act was committed have jurisdiction to prosecute and adjudicate the offence. If it is only the outcome of the offence that occurs in Switzerland, the authorities at the place where it occurs have jurisdiction. 2 Where the offence is committed in two or more places or if the outcome occurs in two or more places, the authorities in the place where the initial prosecution procedures are carried out have jurisdiction. 3 Where an accused has committed two or more felonies, misdemeanours or contraventions in the same place, the various proceedings shall be combined.
Art. 32 Place of jurisdiction for offences committed abroad or at an unknown location
1 Where an offence was committed abroad or if the place of commission cannot be established, the authorities of the place where the accused is domiciled or habitually resident has jurisdiction to prosecute and adjudicate the offence. 2 If the accused is neither domiciled nor habitually resident in Switzerland, the authorities at his or her place of origin have jurisdiction; in the absence of a place of origin, the authorities of the place where the accused was found have jurisdiction. 3 In the absence of a place of jurisdiction in accordance with paragraphs 1 and 2, authorities of the Canton requesting extradition have jurisdiction.
Section 2 Special Jurisdiction
Art. 33 Place of jurisdiction in the case of two or more participants
1 The participants in an offence shall be prosecuted and adjudicated by the same authorities as the principal offender. 2 If an offence has been committed by two or more co-offenders, the authorities of the place where the initial prosecution procedures were carried out have jurisdiction.
Art. 34 Place of jurisdiction where two or more offences are committed at different loci
1 Where an accused has committed two or more offences at different loci, the authorities of the place where the offence that carries the most severe penalty was committed have jurisdiction to prosecute and adjudicate all offences. Where two or more offences carry the same penalty, the authorities of the place where the initial prosecution procedures were carried out have jurisdiction. 2 Where charges have already been brought in a participant canton in respect of one of the offences at the time of the procedure to establish jurisdiction in accordance with Articles 39–42, the proceedings shall be conducted separately. 3 Where a person is sentenced by different courts to two or more similar penalties, the court that has imposed the most severe penalty shall on application impose a cumulative sentence on the convicted person.
Art. 35 Place of jurisdiction for offences via the media
1 In the case of an offence under Article 28 SCC committed in Switzerland, the authorities of the place where the media undertaking has its registered office have jurisdiction. 2 If the author is known and if he or she is domiciled or habitually resident in Switzerland, the authorities at the domicile or the place of habitual residence have jurisdiction. In such a case, the proceedings shall be conducted where the initial prosecution procedures were carried out. In the case of offences prosecuted only on complaint, the complainant may choose between the two places of jurisdiction. 3 Where no place of jurisdiction is established by paragraphs 1 or 2, the authorities of the place where the media product is broadcast have jurisdiction. If broadcasting takes place in two or more places, the authorities of the place where the initial prosecution procedures were carried out have jurisdiction.
Para. 1 — SR 311.0
Art. 36 Place of jurisdiction in the case of Debt Enforcement and Bankruptcy offences and criminal proceedings against corporate undertakings
1 In the case of offences in accordance with Articles 163–171 SCC, the authorities at the domicile, place of habitual residence or registered office of the debtor have jurisdiction responsible. 2 For criminal proceedings against a corporate undertaking in terms of Article 102 SCC, the authorities at the registered office of the undertaking have jurisdiction. The foregoing also applies if a person acting for the undertaking is also being prosecuted for the same offence. 3 In the absence of a place of jurisdiction in accordance with paragraphs 1 and 2, jurisdiction is established in accordance with Articles 31–35.
Para. 1 — SR 311.0 Para. 1 — Amended by No I 12 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
Art. 37 Place of jurisdiction for separate forfeiture proceedings
1 Separate forfeiture proceedings (Art. 376–378) must be carried out in the place where the items or assets to be forfeited are located. 2 If the items or assets to be forfeited are located in two or more cantons and if they are connected to the same offence or offender, the authorities of the place where the forfeiture proceedings were initiated has jurisdiction.
Art. 38 Establishing an alternative place of jurisdiction
1 The public prosecutors may by mutual agreement establish a place of jurisdiction other than that provided for in Articles 31–37 if this is justified by the focus of the criminal activity, the personal circumstances of the accused or other just cause. 2 In order to safeguard the procedural rights of a party, after charges have been filed, the cantonal court for Article 393 appeals may on application from that party or ex officio transfer the adjudication to another court of first instance in the same canton with material jurisdiction in derogation from the rules on place of jurisdiction in this Chapter.
Section 3 Procedure for Establishing Jurisdiction
Art. 39 Verification of and agreement on jurisdiction
1 The criminal justice authorities shall verify their jurisdiction ex officio and if necessary transfer the case to the competent authority. 2 Where two or more criminal justice authorities have local jurisdiction, the public prosecutors concerned shall notify each other immediately of the essential elements of the case and endeavour to reach agreement as soon as possible.
Art. 40 Conflicts of jurisdiction
1 In the event of a dispute over jurisdiction between criminal justice authorities in the same canton, the Office of the Chief Cantonal Prosecutor or Cantonal Attorney General shall decide or, if there is no such office, the cantonal court for Article 393 appeals. 2 In the event of a dispute over jurisdiction between criminal justice authorities in different cantons, the public prosecutor of the canton that was first to deal with the matter shall submit the issue immediately, and in every case before bringing charges, to the Federal Criminal Court for decision. 3 The authority competent to decide on the place of jurisdiction may specify a place of jurisdiction other than that provided for in Articles 31–37 if this is required due to the focus of the criminal activity or the personal circumstances of the accused or if there is other just cause.
Para. 1 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 41 Contesting the place of jurisdiction
1 If a party wishes to contest the jurisdiction of the authority conducting the criminal proceedings, he or she must immediately request the authority to transfer the case to the competent criminal justice authority. 2 The parties may file an Article 393 appeal within 10 days with the authority responsible for the decision on the place of jurisdiction in terms of Article 40 against the decision on the place of jurisdiction (Art. 39 para. 2) made by the public prosecutors concerned. If the public prosecutors have agreed on an alternative place of jurisdiction (Art. 38 para. 1), only the party whose request under paragraph 1 is rejected has the right to file an Article 393 appeal.
Art. 42 Common provisions
1 Until a binding decision is made on the place of jurisdiction, the first authority to deal with the case shall carry out any measures that cannot be delayed. If necessary, the authority responsible for the decision on the place of jurisdiction shall designate the authority that must provisionally deal with the matter. 2 Persons who have been arrested shall only be transferred to the authorities of other cantons when a binding decision on jurisdiction has been made. 3 A place of jurisdiction established in accordance with Articles 38–41 may be changed only if good cause has subsequently arisen before charges have been brought.
Chapter 4 Domestic Mutual Assistance
Section 1 General Provisions
Art. 43 Scope of application and definition
1 The provisions this Chapter regulate mutual assistance in criminal matters provided by federal and cantonal authorities to public prosecutors, authorities responsible for prosecuting contraventions and federal and cantonal courts. 2 In relation to the police, these provisions apply to the extent that the police are acting on instructions from public prosecutors, authorities responsible for prosecuting contraventions and courts. 3 Direct mutual assistance between police authorities at federal and cantonal levels and between two or more cantonal police authorities is permitted provided it does not relate to compulsory measures that fall within the exclusive competence of the public prosecutor or the court. 4 Mutual assistance is deemed to be any measure requested by an authority within the scope of their competence in ongoing criminal proceedings.
Art. 44 Obligation to provide mutual assistance
The federal and cantonal authorities are obliged to provide mutual assistance in respect of offences being prosecuted and adjudicated under federal law in application of this Code.
Art. 44 — The correction by the Federal Assembly Drafting Committee dated 10 Nov. 2014, published on 25 Nov. 2014 relates only to the French text (AS 2014 4071).
Art. 45 Support
1 The cantons shall, to the extent that it is required and possible, provide the criminal justice authorities of the Confederation and other cantons with rooms in which to carry out their official duties and for the accommodation of persons detained pending trial. 2 At the request of the federal criminal justice authorities, the cantons shall take the measures required to guarantee the security of the official duties of these authorities.
Art. 46 Direct communication
1 The authorities shall communicate directly with each other. 2 Requests for mutual assistance may be filed in the language of the requesting or the requested authority. 3 If there is any uncertainty as to which authority has jurisdiction, the requesting authority shall file the request for mutual assistance with the highest public prosecutor of the requested Canton or of the Confederation. This service shall pass the request on to the relevant office.
Para. 1 — Details of the competent local Swiss justice authority for mutual assistance requests may be obtained from the following website: www.elorge.admin.ch .
Art. 47 Costs
1 Mutual assistance is provided free of charge. 2 The Confederation shall reimburse the cantons the costs of support as defined in Article 45 that it has caused them to incur. 3 Notice shall be given to the requesting canton or the Confederation of any costs that have arisen in order that they may be charged to the parties liable to pay costs. 4 The requesting canton or the Confederation shall bear any obligations to pay compensation arising from mutual assistance measures.
Art. 48 Disputes
1 The court for Article 393 appeals in the relevant canton shall make a final decision on any dispute over mutual assistance between authorities of the same canton. 2 The Federal Criminal Court decides on conflicts between federal and cantonal authorities as well as between authorities of different cantons.
Section 2 Procedural Acts at the Request of the Co
Art. 49 Principles
1 The federal and cantonal public prosecutors and courts may request the criminal justice authorities of other cantons or of the Confederation to carry out procedural acts. The requested authority shall not examine whether the requested procedural acts are admissible or equitable. 2 The authorities of the requesting Canton or of the Confederation have jurisdiction to hear Article 393 appeals against mutual assistance measures. Only the implementation of the mutual assistance measures may be contested before the authorities of the requested Canton or of the Confederation.
Art. 50 Request for compulsory measures
1 The requesting authority shall request that a person be arrested with a written warrant for an enforced appearance (Art. 208). 2 If possible, the requested authority shall hand over the arrested persons within 24 hours. 3 Applications for other compulsory measures must include a brief notice of the grounds. In cases of urgency, notice of the grounds may be provided later.
Art. 51 Right to participate
1 The parties, their legal agents and the requesting authority may participate in the requested procedural acts, insofar as this Code provides therefor. 2 If participation is possible, the requested authority shall notify the requesting authority, the parties and their legal agents as to where and when the procedural act will be carried out.
Section 3 Procedural Acts in Another Canton
Art. 52 Principles
1 Federal and cantonal public prosecutors, authorities responsible for prosecuting contraventions and courts are entitled to order and carry out any of the procedural acts specified in this Code directly in another canton. 2 Prior notice shall be given to the public prosecutor of the canton in which the procedural act is to be carried out. In cases of urgency, subsequent notice is possible. No notice is required for obtaining information and for requesting the handover of files. 3 The costs of the procedural acts and any related obligations to pay compensation shall be borne by the Confederation or the canton carrying out the act; it may charge the costs to the parties in accordance with Articles 426 and 427.
Art. 53 Using the services of the police
If the requesting authority requires the support of the police in order to carry out a procedural act, it shall make the relevant request to the public prosecutor of the requested Canton, which shall issue the necessary instructions to the local police.
Chapter 5 International Mutual Assistance
Art. 54 Scope of Application of this Code
The provision of international mutual assistance and the mutual assistance proceedings are governed by this Code only to the extent that other federal acts and international agreements make no provision therefor.
Art. 55 Jurisdiction in general
1 Where a canton is involved in a case of international mutual assistance, the public prosecutor has jurisdiction. 2 During the main proceedings, the courts may themselves submit requests for mutual assistance. 3 The powers of the authorities responsible for the execution of sentences and measures are reserved. 4 Where federal law assigns mutual assistance duties to a judicial authority, the court for Article 393 appeals has jurisdiction. 5 Where a canton dealing with a request for mutual assistance from abroad carries out procedural acts in other cantons, the provisions on domestic mutual assistance apply. 6 The cantons shall regulate any additional procedures.
Art. 55 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 55a Jurisdiction of the compulsory measures court
If a Swiss prosecution authority files a request for mutual assistance in respect of a compulsory measure abroad and if the State requested for mutual assistance requires a court decision, the compulsory measures court is responsible for approving the measure.
Art. 55a — Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Chapter 6 Recusal
Art. 56 Grounds for recusal
A person acting for a criminal justice authority shall recuse him- or herself if he or she: a. has a personal interest in the case; b. has acted in another capacity in the same case, and in particular as a member of an authority, as the legal agent for a party, as an expert witness, or as a witness; c. is married to, or living in a registered partnership or cohabiting with a party, his or her legal agent or a person who has acted as a member of the lower court; d. is related to a party by birth or by marriage directly or collaterally up to and including the third degree; e. is related to the legal agent of a party or of a person who acted in the same case as a member of the lower court directly or collaterally up to and including the second degree; f. may not be impartial for other reasons, in particular due to friendship or enmity with a party or his or her legal agent.
Art. 57 Duty to notify
Where a person acting for a criminal justice authority has grounds for recusal, that person shall notify the director of proceedings in good time.
Art. 58 Recusal request by a party
1 If a party requests that a person acting for a criminal justice authority be recuse him- or herself, the party must submit the relevant application to the director of proceedings as soon as he or she becomes aware of the grounds for recusal; the circumstances justifying recusal must be credibly substantiated. 2 The person concerned shall respond to the application.
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 decide without taking additional evidence: a. the public prosecutor if matter relates to the police; b. the court for Article 393 appeals if the matter relates to the public prosecutor, the authorities responsible for prosecuting contraventions or the courts of first instance; c. the court for Article 398 appeals if the matter relates to the court for Article 393 appeals or individual members of the court for Article 398 appeals; d. the Federal Criminal Court if the matter relates to an entire cantonal court for Article 398 appeals. 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 b
Para. 1 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Para. 1 let. d — 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).
Art. 60 Consequences of violating the recusal regulations
1 Where a person subject to recusal has participated in official acts, these acts must be annulled and repeated if so requested by a party within 5 days of becoming aware of the decision on recusal. 2 Evidence that cannot be taken again may be taken into consideration by the criminal justice authority. 3 If the ground for recusal comes to light only after conclusion of the proceedings, the provisions on the review of cases apply.
Chapter 7 Director of Proceedings
Revised by the Federal Assembly Drafting Committee (Art. 58 para. 1 ParlA; SR 171.10).
Art. 61 Jurisdiction
The persons responsible for directing the proceedings are: a. until proceedings are abandoned or charges are brought: the public prosecutor; b. in contravention proceedings: the authority responsible for prosecuting contraventions; c. in court proceedings before a panel of judges: the president of the court concerned; d. in court proceedings before one judge sitting alone: the judge.
Art. 62 General duties
1 The director of proceedings makes the arrangements required to guarantee the lawful and orderly conduct of the proceedings. 2 In court proceedings before a panel of judges, the director of proceedings holds all the powers that are not reserved to the court.
Art. 63 Measures to ensure order in court
1 The director of proceedings shall ensure security, quiet and order during the hearings. 2 The director of proceedings may warn any person who disrupts the hearings or breaches the rules of respectable behaviour. In the event of any repetition, he or she may deny them the right to speak, order them to leave the court and if necessary have them held in police custody until the conclusion of the hearing. He or she may order that the court be cleared. 3 The director of proceedings may request the assistance of the police at the place where the proceedings are being held. 4 If a party is excluded from the court, the proceedings shall nevertheless be continued.
Art. 64 Disciplinary measures
1 The director of proceedings may order a person who disrupts the hearings, breaches the rules of respectable behaviour or disregards orders directing proceedings to pay a fixed penalty fine of up to 1000 francs. 2 Fixed penalty fines imposed by the public prosecutor and the courts of first instance may be challenged before the court for Article 393 appeals within 10 days. Its decision is final.
Art. 65 Right of appeal against orders directing proceedings issued by the court
1 Orders directing proceedings issued by the court may only be challenged when the final judgment is issued. 2 If the director of proceedings in a court with a panel of judges has issued orders directing proceedings before the trial, the court may amend or revoke such orders ex officio or on request.
Chapter 8 General Procedural Regulations
Section 1 Requirement of Oral Proceedings; Languag
Art. 66 Requirement of oral proceedings
Proceedings before the criminal justice authorities shall be conducted orally unless this Code provides for written proceedings.
Art. 67 Language of the proceedings
1 The Confederation and the cantons shall determine the languages to be used by their criminal justice authorities in proceedings. 2 The cantonal criminal justice authorities shall carry out all procedural acts in the languages that they use in proceedings; the director of proceedings may permit exceptions.
Art. 68 Translation and interpretation
1 Where a party to the proceedings does not understand the language of the proceedings or is unable to express him- or herself adequately, the director of proceedings shall appoint an interpreter. In minor or urgent cases, the director of proceedings may, if the person concerned consents, dispense with appointing an interpreter provided the director of proceedings and the clerk of court have an adequate command of the foreign language concerned. 2 Even if he or she has a defence lawyer, the accused shall be notified in a language that he or she understands, either orally or in writing, of at least the essential content of the most important procedural acts. There is no right to have all procedural acts and files translated in full. 3 Files that are not submissions made by parties shall, if required, be translated in writing or orally translated for the record of proceedings. 4 A person of the same sex must be appointed to translate questions to be put to the victim of a sexual offence
Section 2 Public Proceedings
Art. 69 Principles
1 Proceedings before the court of first instance and the court for Article 398 appeals, together with the oral passing of judgments and decrees of these courts shall, with the exception of the judges' deliberations, be conducted in public. 2 If the parties to such cases have waived their right to the public passing of judgment, or if a summary penalty order is issued, interested persons may inspect the judgments and summary penalty orders. 3 The following proceedings are not conducted in public: a. preliminary proceedings, with the exception of public announcements made by the criminal justice authorities; b. proceedings before the compulsory measures court; c. proceedings before the court for Article 393 appeals and, in cases where they are conducted in writing, before the court for Article 398 appeals; d. summary penalty order proceedings. 4 Public hearings are open to all members of the public; however, persons under 16 years of age shall only be admitted with the permission of the
Art. 70 Restrictions on and exclusion of public access
1 The court may completely or partly exclude members of the public from court hearings if: a. public safety or order or the legitimate interests of a person involved, and in particular the victim, so require; b. too many members of the public wish access to the court. 2 If members of the public are excluded, the accused, the victim and private claimants may each be accompanied by a maximum of three confidants. 3 Subject to specific requirements, the court may allow court reporters and additional persons with a legitimate interest access to proceedings that are private in accordance with paragraph 1. 4 If members of the public are excluded, the court shall pass judgement at a public hearing or shall if required inform the public of the outcome of the proceedings in another suitable manner.
Art. 71 Video and audio recordings
1 It is not permitted to make video or audio recordings within the court building or to make such recordings of procedural acts carried out outside the court building. 2 Persons infringing the foregoing paragraph may be liable to a fixed penalty fine in accordance with Article 64 paragraph 1. Unauthorised recordings may be confiscated.
Art. 72 Court reporting
The Confederation and the cantons may regulate the accreditation and rights and obligations of court reporters.
Section 3 Confidentiality, Information to the Publ
Art. 73 Duty of confidentiality
1 Members of criminal justice authorities, their employees and experts appointed by criminal justice authorities shall treat as confidential information that comes to their knowledge in the exercise of their official duties. 2 The director of proceedings may require private claimants and other persons involved in the proceedings and their legal agents, under caution as to Article 292 SCC, to maintain confidentiality with regard to the proceedings and the persons concerned if the object of the proceedings or a private interest so requires. A time limit must be placed on this obligation.
Para. 2 — SR 311.0
Art. 74 Provision of information to thepublic
1 The public prosecutor, the courts and, with the consent of the courts, the police may provide the public with information on pending proceedings where this is required: a. so that the public may assist in enquiries into offences or in locating suspects; b. to warn or reassure the public; c. to correct inaccurate reports or rumours; d. due to the special importance of a case. 2 The police may also inform the public on their own initiative about accidents and offences without naming the persons involved. 3 When providing information to the public, the presumption of innocence and the personal privacy of the persons concerned must be observed. 4 In cases involving a victim, authorities and private individuals may only identify the victim or provide information that enables his or her identification outside public court proceedings if: a. the assistance of the public in enquiries into a felony or in tracing suspects is required; or b. the victim or his or her survivors consent.
Art. 75 Communications with other authorities
1 Where an accused is serving a sentence or subject to a criminal measure, the criminal justice authorities shall inform the authorities responsible for the execution of sentences or measures of any new criminal proceedings and any decisions issued. 2 The criminal justice authorities shall inform the social services and child and adult protection authorities of any criminal proceedings that have been initiated and of any decisions in criminal proceedings if this is required for the protection of an accused or a person suffering harm or his or her next-of-kin. 3 If they establish in the prosecution of offences in which minors are involved that further measures are required, they shall inform the child protection authorities immediately. 3bis The director of proceedings shall notify the Defence Group of pending criminal proceedings against members of the armed forces or potential conscripts if there are serious indications or other evidence that the person concerned could use a firearm t
Para. 2 — Amended by Annex No 2 of the FA of 15 Dec. 2017 (Child Protection), in force since 1 Jan. 2019 (AS 2018 2947; BBl 2015 3431). Para. 3 — Amended by Annex No 2 of the FA of 15 Dec. 2017 (Child Protection), in force since 1 Jan. 2019 (AS 2018 2947; BBl 2015 3431). Para. 3bis — Inserted by No I 2 of the FA of 25 Sept. 2015 on Improving the Exchange of Information between Authorities in relation to Weapons, (AS 2016 1831; BBl 2014 303). Amended by Annex No 3 of the FA of 18 March 2016, in f
Section 4 Records
Art. 76 General Provisions
1 The statements of the parties, the oral decisions of the authorities and any other procedural acts that are not carried out in writing shall be recorded. 2 The clerk of court, the director of proceedings and, where applicable, the interpreter or translator shall confirm the accuracy of the record. 3 The director of proceedings is responsible for ensuring that procedural acts are completely and correctly recorded. 4 He or she may order that an audio or video recording of all or part of a procedural act be made, in addition to its being recorded in writing. He or she shall give those present advance notice of such a recording.
Art. 77 Records of proceedings
The records of proceedings contain details of all the essential procedural acts and in particular provide information on: a. the nature, place, date and time of the procedural acts; b. the names of the participant members of authorities, the parties, their legal agents and any other persons present; c. the applications of the parties; d. the caution given regarding the rights and obligations of the persons examined; e. the statements made by the persons examined; f. the course of events in the proceedings, the instructions given by the criminal justice authority and compliance with the formal requirements for the individual procedural acts; g. the files and other evidence submitted by the persons involved in the proceedings or otherwise produced in the criminal proceedings; h. the decisions and the grounds therefor, unless these are separately included in the files.
Art. 78 Records of hearings in general
1 The statements of the parties, witnesses, persons providing information and expert witnesses shall be recorded as they are made. 2 The record is made in the language of the proceedings, but important statements must if possible be recorded in the language in which the person examined makes them. 3 Decisive questions and answers shall be recorded verbatim. 4 The director of proceedings may permit the person examined to dictate his or her own statements. 5 On conclusion of the examination hearing, the record shall be read out to the person examined or given to him or her to read. Once aware of its content, the person examined must sign the record and initial each page. If he or she refuses to read or sign the record, the refusal and reasons given for doing so shall be noted in the record. 5bis … 6 In the case of hearings by means of video conference, the person examined shall make an oral declaration that he or she understands the content of the record instead of signing and initiallin
Art. 78 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Para. 5bis — Inserted by No I 2 of the FA of 28 Sept. 2012 (Transcription Regulations) (AS 2013 851; BBl 2012 5707 5719). Repealed by No I of the FA of 17 June 2022, with effect from 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Para. 7 — Amended by No I 2 of the FA of 28 Sept. 2012 (Transcription Regulations), in force since 1 May 2013 (AS 2013 851; BBl 2012 5707 5719).
Art. 78a Transcripts of recordings of examination hearings
If an examination hearing is recorded using technical aids, the following derogations from the general rules (Art. 78) apply: a. Instead of making a continuous written transcript of the examination, the transcript may be made after the examination based on the recording, but in principle within seven days of the examination. b. The examining authority may dispense with reading the transcript back to the person examined and or giving that person the transcript to read and sign. c. The recordings of the examination shall be placed in the case files immediately.
Art. 78a — Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 79 Corrections
1 Obvious errors shall be corrected by the director of proceedings and the clerk of court; the director of proceedings shall thereafter notify the parties of the corrections. 2 The director of proceedings shall decide on requests to have the records corrected. 3 Corrections, alterations, deletions and additions shall be certified by the clerk of court and the director of proceedings. Any alterations to the content shall be made in such a manner that the original record remains recognisable.
Section 5 Decisions
Art. 80 Form
1 Decisions that determine substantive criminal or civil issues, together with individual subsequent decisions and individual forfeiture decisions, are issued in the form of a judgment. Other decisions, if made by an authority comprising a panel of judges, are issued in the form of a decree, or if they are made by a single person, in the form of a ruling. The provisions on summary penalty order procedures are reserved. 2 Decisions are issued in writing and contain a statement of the grounds. They are signed by the director of proceedings and the clerk of court and are served on the parties. 3 Simple decrees and rulings directing proceedings do not require to be issued in any specific form or to contain a statement of grounds; they are noted in the case records and notified to the parties in a suitable manner.
Para. 1 — First and second sentences amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 81 Content of final judgments
1 Judgments and other decisions concluding proceedings contain: a. an introduction; b. a statement of the grounds; c. conclusions; d. if subject to appeal: instructions on appellate remedies. 2 The introduction contains: a. details of the criminal justice authority and its members who participated in making the decision; b. the date of the decision; c. sufficient details of the parties and of their legal agents; d. in the case of judgments, the final submissions made by the parties. 3 The statement of the grounds contains: a. in the case of judgments: an appraisal of the factual and legal issues relating to the conduct incriminating the accused, and an explanation of why any sanctions or incidental legal orders were imposed and the decision on costs or compensation; b. in the case of other decisions concluding proceedings: the reasons for concluding the proceedings. 4 The conclusions contain: a. details of the statutory provisions; b. in the case of judgments: the verdict and decisions
Art. 82 Limitations to the duty to state grounds
1 The court of first instance shall dispense with a written statement of the grounds if it: a. states the grounds for the judgment orally; and b. it does not impose a custodial sentence of more than two years, indefinite incarceration under Article 64 SCC, treatment in terms of Article 59 SCC or, in the case of suspended sanctions to be revoked simultaneously, a deprivation of liberty of more than two years. 2 The court shall provide the parties retrospectively with a written judgment stating the grounds if: a. a party requests the same within 10 days of service of the conclusions; b. a party files an appeal. 3 If it is only the private claimant who requests a written judgment stating the grounds or who appeals, the court shall provide a statement of grounds only to the extent that this relates to the criminal conduct to the prejudice of the private claimant and to his or her civil claims. 4 In the appellate proceedings, the court may refer to the grounds stated by the lower court in i
Para. 1 let. b — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Para. 1 let. b — SR 311.0
Art. 83 Explanation and correction of decisions
1 If the conclusions to the decision are unclear, contradictory or incomplete, or if they are inconsistent with the grounds, the criminal justice authority that made the decision shall explain or correct the decision on the application of a party or on its own initiative. 2 The application must be submitted in writing, indicating the matters that are contested or the amendment that are requested. 3 The criminal justice authority shall allow the other parties the opportunity to comment on the application. 4 Notice of the explanation for or corrections to the decision shall be given to the parties.
Section 6 Notice and Service of Decisions
Art. 84 Notice of decisions
1 If the proceedings are public, the court shall give notice of the judgment orally on conclusion of its deliberations and state the grounds in brief. 2 The court shall provide the parties with a written copy of the conclusions at the end of the trial or serve it on the parties within 5 days. 3 If the court is unable to issue the judgment immediately, it shall do so as soon as possible and give notice of the judgment in rearranged hearing. If in such an event the parties waive their right to have the judgment issued publicly, the court shall serve the conclusions of the judgment on them immediately after it has been reached. 4 If the court has to state grounds for the judgment, it shall serve the judgment with a full statement of grounds on the accused and the public prosecutor within 60 days, or by way of exception 90 days. The other parties shall be served only with those parts of the judgment in which their applications are mentioned. 5 The criminal justice authority shall give noti
Art. 85 Form and service of communications
1 The criminal justice authorities shall issue communications in writing, unless this Code provides otherwise. 2 Service shall be effected by registered mail or in any other way provided confirmation of receipt is obtained, and in particular by personal service by the police 3 It is effected if the delivery is accepted by addressee or by an employee thereof or a person living in the same household who is at least 16 years old, unless the law enforcement authority has instructed that delivery be made to the addressee in person. 4 It is also deemed to be effected: a. in the case of a delivery by registered mail that is not collected: on the seventh day following the unsuccessful attempt at service, provided the person is expecting the delivery; b. in the case of personal service, if the addressee refuses to accept service and this is recorded by the messenger: on the day of refusal.
Art. 86 Electronic service
1 With the consent of the person concerned, communications may be served electronically. They must bear an electronic signature in accordance with the Federal Act of 18 March 2016 on Electronic Signatures. 2 The Federal Council shall regulate: a. the signature to be used; b. the format for communications and their attachments; c. the method of transmission; d. the point in time at which the communication is deemed to have been served.
Art. 86 — Amended by Annex No II 7 of the FA of 18 March 2016 on Electronic Signatures, in force since 1 Jan. 2017 (AS 2016 4651; BBl 2014 1001). Para. 1 — SR 943.03
Art. 87 Address for service
1 Communications must be served on addressees at their domicile, their habitual place of residence or their registered office. 2 Parties and legal agents whose domicile, habitual place of residence or registered office is abroad must provide an address for service in Switzerland; provisions of international agreements under which communications may be served directly are reserved. 3 Communications address to parties who have appointed a legal agent are validly served if sent to the agent. 4 Where a party is required to appear personally at a hearing or must personally carry out a procedural act, the related communication shall be served directly on that party. A copy shall be sent to the legal agent.
Art. 88 Public notice
1 Service shall be effected by publication in an official gazette designated by the Confederation or the canton where: a. the whereabouts of the addressee are unknown and cannot be ascertained despite making reasonable enquiries; b. service is impossible or would lead to exceptional inconvenience; c. a party or his or her legal agent with domicile, habitual residence or registered office abroad has failed to provide an address for service in Switzerland. 2 Service is deemed to be effected on the day of publication. 3 In the case of final judgments, only the conclusions of the judgment shall be published. 4 Decisions to take no proceedings and summary penalty orders are deemed to be served without publication being required.
Section 7 Time Limits and Deadlines
Art. 89 General Provisions
1 Statutory time limits may not be extended. 2 There are no court holidays in criminal proceedings.
Art. 90 Commencement and calculation of time limits
1 Time limits that are triggered by a communication or the occurrence of an event begin to run from the following day. 2 If the time limit is due to expire on a Saturday, a Sunday or a public holiday recognised under federal or cantonal law, it shall expire on the next working day. The matter shall be determined by the law of the canton in which the party or his or her legal agent is resident or has its registered office.
Para. 2 — Amended by Annex No II 7 of the Criminal Justice Authorities Act of 19 March 2010, in force since 1 Jan. 2011 (AS 2010 3267; BBl 2008 8125).
Art. 91 Compliance with time limits
1 The time limit is complied with if the procedural act is carried out to the satisfaction of the competent authority on the day of expiry at the latest. 2 Submissions must be delivered on the day of expiry of the time limit at the latest to the criminal justice authority or handed for delivery to SwissPost, a Swiss diplomatic or consular representation or, in the case of persons in custody, the governor of the institution. 3 In case of electronic submission, the relevant time for compliance with a time limit is that at which the receipt is issued that confirms that all the steps have been completed that the party must carry out for transmission. 4 The time limit is also deemed to be complied with if the submission is received by a Swiss authority not competent in the matter on the day of expiry at the latest. This authority shall pass the submission on immediately to the competent criminal justice authority. 5 The time limit for making a payment to a criminal justice authority is comp
Para. 3 — Amended by Annex No II 7 of the FA of 18 March 2016 on Electronic Signatures, in force since 1 Jan. 2017 (AS 2016 4651; BBl 2014 1001).
Art. 92 Extension of time limits and postponement of hearings
The authorities may extend time limits and postpone hearings ex officio or in response to an application. The application must be made before the expiry of the time limit and be adequately justified.
Art. 93 Default
A party is in default if he or she fails to carry out a procedural act in time or fails to appear for a hearing.
Art. 94 New time limit
1 Where a party has failed to comply with a time limit and has thus incurred a significant and irremediable loss of rights, he or she may request that a new time limit be fixed; in doing so he or she must credibly show that he or she was not at fault for the failure to comply with the time limit. 2 The application must be made in writing with a statement of reasons and submitted within 30 days of the reason for default ceasing to apply to the authority before which the relevant procedural act should have been carried out. The relevant procedural act must be carried out within the same time limit. 3 The application only has suspensive effect if the competent authority grants the same. 4 The criminal justice authority shall decide on the application in written proceedings. 5 Paragraphs 1–4 apply mutatis mutandis in the event of failure to attend a hearing. If a new hearing is granted, the director of proceedings shall fix a new date. The provisions on proceedings in absentia are reserved
Section 8 Data Processing
Art. 95 Obtaining personal data
1 Personal data must be obtained from the person concerned or with that person's knowledge unless the proceedings would be otherwise be prejudiced or unreasonable inconvenience or expense would be incurred. 2 If personal data is obtained without the knowledge of the person concerned, that person must be notified thereof immediately. Where overriding public or private interests so require, notification may be dispensed with or postponed.
Art. 95a Processing of personal data
When processing personal data, the competent criminal justice authorities shall ensure that they make a distinction, as far as possible: a. between the different categories of data subjects; b. between personal data based on facts and personal data based on personal assessments.
Art. 95a — Inserted by No II 3 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941).
Art. 96 Disclosure and use in pending criminal proceedings
1 The criminal justice authority may disclose personal data from pending proceedings for use in other pending proceedings if it is anticipated that the data may provide essential information. 2 The foregoing paragraph does not apply to: a. articles 14 and 20 of the Federal Act of 21 March 1997 on Measures to Safeguard Internal Security; abis. articles 19 and 20 of the Intelligence Service Act of 25 September 2015; b. the regulations of the Federal Act of 13 June 2008 on the Federal Police Information Systems; c. the regulations of the Federal Act of 7 October 1994 on the Central Offices of the Federal Criminal Police.
Para. 2 let. a — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Para. 2 let. a — SR 120 Para. 2 let. abis — Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Para. 2 let. abis — SR 121 Para. 2 let. b — SR 361 Para. 2 let. c — SR 360 Para. 2 let. c — Amended by Annex 2 No I 1 let. a of the FA of 13 June 2008 on the Federal Police Information Systems, in force since 1 Jan. 2011 (AS 2008 4989; BB
Art. 97 Rights to information in the case of pending proceedings
As long as proceedings are pending, the parties and the other participants in the proceedings have, in accordance with their right to inspect case documents, the right to information on personal data relating to them that has been processed.
Art. 98 Correction of data
1 Where personal data proves to be incorrect, the relevant criminal justice authorities shall correct it immediately. 2 They shall immediately notify authorities to which they have transmitted, made available or disclosed the data of the corrections.
Para. 2 — Amended by No II 3 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941).
Art. 99 Processing and retention of personal data after conclusion of the proceedings
1 After conclusion of the proceedings, the processing of personal data, procedures and legal protection are governed by the provisions of federal and cantonal data protection law. 2 The period of retention of personal data after conclusion of proceedings is governed by Article 103. 3 The provisions of the Federal Act of 7 October 1994 on the Central Offices of the Federal Criminal Police, the Federal Act of 13 June 2008 on the Federal Police Information Systems and the provisions of this Code on identifying documents and DNA profiles are reserved.
Para. 3 — SR 360 Para. 3 — SR 361 Para. 3 — Amended by Annex 2 No I 1 let. a of the FA of 13 June 2008 on the Federal Police Information Systems, in force since 1 Jan. 2011 (AS 2008 4989; BBl 2006 5061).
Section 9 Management, Inspection and Retention of
Art. 100 File management
1 A case file shall be opened for each criminal case. This file shall contain: a. the records of proceedings and examination hearings; b. the documents complied by the criminal justice authority; c. the documents submitted by the parties. 2 The director of proceedings shall ensure the systematic filing of documents and sequential indexing; in simple cases, an index is not required.
Art. 101 Inspection of case documents in pending proceedings
1 The parties may inspect the documents relating to the criminal proceedings at the latest following the first interview with the accused and the gathering of the other most important evidence by the public prosecutor; Article 108 is reserved. 2 Other authorities may inspect the case documents if they need to do so for the purposes of pending civil, criminal or administrative proceedings and inspection is not contrary to any overriding public or private interests. 3 Third parties may inspect the case documents if they claim to have an academic or other legitimate interest in doing so and inspection is not contrary to any overriding public or private interests.
Art. 102 Procedure relating to applications to inspect case documents
1 The director of proceedings decides on whether case documents may be inspected. He or she shall take the measures required to prevent abuses and delays and to protect legitimate interests in confidentiality. 2 The case documents must be inspected at the offices of the relevant criminal justice authority or those of another criminal justice authority in mutual assistance proceedings. Normally they shall be delivered to other authorities or the legal agents for the parties. 3 Any person who is entitled to inspect case documents may request copies thereof for a fee.
Art. 103 Retention of case documents
1 The case documents must be preserved at least until conclusion of the time limits for prosecution and for the execution of the sentence have expired. 2 The foregoing paragraph does not apply to original documents included in the case file; they must be returned to the persons entitled thereto against written acknowledgement of receipt as soon as the criminal case has been decided by a final judgment.