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 General Provisions
Section 1 Definition and Status
Art. 104 Parties
1 Parties are: a. the accused; b. the private claimant; c. at the trial and in appellate proceedings: the public prosecutor. 2 The Confederation and the cantons may grant full or limited party rights to other authorities that are required to safeguard public interests.
Art. 105 Other persons involved in the proceedings
1 Other persons involved in the proceedings are: a. persons suffering harm; b. the person who has reported the offence; c. witnesses; d. persons providing information; e. expert witnesses; f. third parties who have suffered detriment due to procedural acts. 2 If the rights of persons involved in the proceedings named in paragraph 1 are directly affected, they shall, in order to safeguard their interests, be entitled to the procedural rights of a party.
Art. 106 Capacity to act
1 The party may validly carry out procedural acts only if he or she has the capacity to act. 2 A person lacking the capacity to act shall be represented by his or her statutory representative. 3 A person with capacity of judgement who lacks the capacity to act may, in addition to his or her legal agent, exercise procedural rights that are of a highly personal nature.
Art. 107 Right to a fair hearing
1 The parties have the right to a fair hearing; in particular, they have the right: a. to inspect case documents; b. to participate in procedural acts c. to appoint a legal agent; d. to comment on the case and on the proceedings; e. to request that further evidence be taken. 2 The criminal justice authorities shall notify parties who are unaware of the law of their rights.
Art. 108 Restriction of the right to a fair hearing
1 The criminal justice authorities may restrict the right to a fair hearing if: a. there is justified suspicion that a party is abusing his or her rights; b. this is required for the safety of persons or to safeguard public or private interests in preserving confidentiality. 2 Restrictions in relation to legal agents are only permitted if the legal agent gives personal cause for imposing a restriction. 3 Restrictions must be limited in time or to individual procedural acts. 4 If the reason for imposing the restriction continues to apply, the criminal justice authorities may base their decisions on files that have not been disclosed to a party only if that party has been informed of the essential content thereof. 5 If the reason for the restriction has ceased to apply, the right to a fair hearing must be granted in a suitable form retrospectively.
Section 2 Procedural Acts by the Parties
Art. 109 Submissions
1 The parties may make submissions to the director of proceedings at any time, subject to the specific provisions thereon in this Code. 2 The director of proceedings shall examine the submissions and give the other parties the opportunity to comment.
Art. 110 Form
1 Submissions may be made in writing or orally on record. Written submissions must be dated and signed. 2 In the case of electronic submission, the submission and its enclosures must bear a qualified electronic signature in accordance with the Federal Act of 18 March 2016 on Electronic Signatures. The Federal Council shall regulate: a. the format for submissions and their attachments; b. the method of transmission; c. the requirements for requesting the submission of documents in paper form in the event of technical problems. 3 Procedural acts are not otherwise subject to any formal requirements unless this Code provides otherwise. 4 The director of proceedings may reject illegible, incomprehensible, improper or incoherent submissions; they shall fix a deadline for the revision of the submission and give notice that the submission if not revised, will not be considered.
Para. 2 — SR 943.03 Para. 2 let. c — 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).
Chapter 2 The Accused
Art. 111 Definition
1 For the purposes of this Code, the accused is a person suspected, accused of or charged with an offence in a report of a criminal offence, a criminal complaint or in a procedural act carried out by a criminal justice authority. 2 The rights and the obligations of an accused also apply to persons in respect of whom it is intended to bring new proceedings following abandonment or a judgment in accordance with Article 323 or Articles 410–415.
Art. 112 Criminal proceedings against corporate undertakings
1 In criminal proceedings against a corporate undertaking, the undertaking shall be represented by a single person who has unlimited authority to represent the undertaking in private law matters. 2 If the undertaking fails to appoint such a representative within a reasonable time, the director of proceedings shall decide which of the persons authorised to represent the undertaking in private law matters will represent the undertaking in the criminal proceedings. 3 If a criminal investigation is opened against the person representing the undertaking in the criminal proceedings in respect of the same or related circumstances, the undertaking must appoint another representative. If necessary, the director of proceedings shall appoint another person to represent the undertaking in accordance with paragraph 2, or if no one is available, a suitable third party. 4 If proceedings are brought against a natural person and an undertaking in respect of the same or related circumstances, the two pr
Art. 113 Status
1 The accused may not be compelled to incriminate him or herself. In particular, the accused is entitled to refuse to make a statement or to cooperate in the criminal proceedings. He or she must however submit to the compulsory measures provided for by the law. 2 The proceedings continue irrespective of whether the accused cooperates.
Art. 114 Fitness to plead
1 An accused is fit to plead if he or she is physically and mentally capable of understanding the proceedings. 2 In the event of temporary unfitness to plead, procedural acts that cannot be delayed shall be carried out in the presence of the defence. 3 If the accused remains unfit to plead, the criminal proceedings shall be suspended or abandoned. The special provisions on proceedings against an accused who is not legally responsible due to a mental disorder are reserved.
Chapter 3 Persons suffering Harm, Victims and Priv
Section 1 Persons suffering Harm
Art. 115
1 A person suffering harm is a person whose rights have been directly violated by the offence. 2 A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
Section 2 Victims
Art. 116 Definitions
1 A victim is a person suffering harm whose physical, sexual or mental integrity has been directly and adversely affected by the offence. 2 Relatives of the victim are his or her spouse, children and parents, and persons closely related to him or her in a similar way.
Art. 117 Status
1 Victims have special rights, in particular: a. the right to protection of personal privacy (Art. 70 para. 1 let. a, 74 para. 4, 152 para. 1); b. the right to be accompanied by a confidant (Art. 70 para. 2, 152 para. 2); c. the right to protective measures (Art. 152–154); d. the right to remain silent (Art. 169 para. 4); e. the right to information (Art. 305 and 330 para. 3); f. the right to a special composition of the court (Art. 335 para. 4); g. the right to receive the decision or the summary penalty order in case in which they are the victim from the court or from the public prosecutor free of charge, unless they expressly waive this right. 2 In the case of victims under the age of 18, additional special provisions protecting personal privacy apply, in particular relating to: a. restrictions on confrontation hearings with the accused (Art. 154 para. 4); b. special protective measures during examination hearings (Art. 154 para. 2–4); c. abandonment of the proceedings (Art. 319 par
Para. 1 let. g — Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Section 3 Private Claimants
Art. 118 Definition and requirements
1 A private claimant is a person suffering harm who expressly declares that he or she wishes to participate in the criminal proceedings as a criminal or civil claimant. 2 The filing of a criminal complaint is regarded as being equivalent to such a declaration. 3 The declaration must be made to a criminal justice authority by the end of the preliminary proceedings at the latest. 4 If a person suffering harm has not made a declaration of his or her own volition, so the public prosecutor shall advise the person of this possibility after opening the preliminary proceedings.
Art. 119 Form and content of the declaration
1 A person suffering harm may submit a written declaration in writing or make the declaration orally on record. 2 In the declaration the person suffering harm may do either or both of the following: a. request the prosecution and punishment of the person responsible for the offence (a criminal complaint); b. file private law claims based on the offence (a civil claim).
Art. 120 Waiver and withdrawal
1 The person suffering harm may at any time declare either in writing or orally on record that he or she waives his or her rights. The waiver is final. 2 Unless the waiver is expressly limited, it shall be deemed to cover both the criminal and the civil proceedings.
Art. 121 Legal successors
1 If the person suffering harm dies without waiving his or her procedural rights as a private claimant, such rights pass to his or her relatives as defined in Article 110 paragraph 1 SCC in accordance with their ranking under the law of succession. 2 Any person who by law acquires the rights as a claimant of a person suffering harm does so only in respect of the civil claim and has only those procedural rights that relate directly to the assertion of the civil claim.
Para. 1 — SR 311.0
Section 4 Civil Claims
Art. 122 General Provisions
1 The person suffering harm may bring civil claims based on the offence as a private claimant in the criminal proceedings. 2 The relatives of the victim have the same right provided they bring their own civil claims against the accused. 3 The civil proceedings become pending when a declaration in accordance with Article 119 paragraph 2 letter b is made. 4 If a private claimant withdraws the civil claim before the end of the trial before the court of first instance, they may file the claim again in civil proceedings.
Art. 123 Quantification and statement of the grounds
1 The civil claim must if possible be quantified in the declaration made in accordance with Article 119 and a brief statement of the grounds must be provided, detailing the relevant evidence. 2 The quantification and statement of the grounds must be provided within the period stipulated by the director of proceedings in accordance with Article 331 paragraph 2.
Para. 2 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 124 Jurisdiction and procedure
1 The court hearing the criminal case shall judge the civil claim regardless of the amount involved. 2 The accused shall be given the opportunity to respond to the civil claim in the main proceedings before the court of first instance at the latest. 3 If the accused accepts the civil claim, this shall be placed on record and recorded in the decision concluding the proceedings.
Art. 125 Security for the claims against the private claimant
1 A private claimant, with the exception of the victim, must on application by the accused lodge security in respect of the accused's probable costs arising from the civil claim if: a. he or she is not domiciled or has no registered office in Switzerland; b. he or she appears to be insolvent, in particular if bankruptcy proceedings have been opened or composition proceedings are ongoing or if certificates of loss have been issued; c. for other reasons, there is reason to fear that the accused's claim could be seriously jeopardised or frustrated. 2 The director of proceedings for the court shall decide on the application. He or she shall determine the amount of security and fix a time limit for its payment. 3 The security may be paid in cash or take the form of a guarantee from a bank permanently established in Switzerland. 4 It may be retrospectively increased, reduced or revoked.
Para. 2 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 126 Decision
1 The court decides on pending civil claims in the event that it: a. convicts the accused; b. acquits the accused and the court is in a position to make a decision. 2 The civil claim shall be referred for civil proceedings if: a. the criminal proceedings are abandoned; abis. it cannot be settled under the summary penalty order procedure; a. the criminal proceedings are abandoned or concluded by means of the summary penalty order procedure; b. the private claimant has failed to justify or quantify the claim sufficiently; c. the private claimant has failed to lodge security in respect of the claim; d. the accused has been acquitted but the court is not in a position to make a decision. 3 If a full assessment of the civil claim would cause unreasonable expense and inconvenience, the court may make a decision in principle on the civil claim and refer it for civil proceedings. If possible, the court shall rule on minor claims itself. 4 In cases involving the victim, the court may firstly de
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. abis — Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Chapter 4 Legal Agents
Section 1 Principles
Art. 127
1 The accused, the private claimant and the other persons involved in the proceedings may appoint a legal agent to safeguard their interests. 2 The parties may appoint two or more persons as legal agent provided this does not unreasonably delay the proceedings. In such a case, they must designate one agent as the principal agent, who is authorised to carry out acts of representation before the criminal justice authorities and whose domicile is deemed to be the sole address for service. 3 The legal agent may act for two or more persons involved in the proceedings, subject to the restrictions laid down by law and in their professional code of practice. 4 The parties may appoint any person who has the capacity to act, is of unblemished reputation and is trustworthy; the restrictions of the law governing the legal profession are reserved. 5 The defence of the accused is reserved to lawyers who are authorised under the Lawyers Act of 23 June 2000 to represent parties in court; the foregoing
Para. 5 — SR 935.61
Section 2 Defence Lawyers
Art. 128 Status
A defence lawyer is obliged to act solely in the interests the accused, subject to the restrictions laid down by law and in the professional code of practice.
Art. 129 Right to choose a defence lawyer
1 The accused is entitled, in any criminal proceedings and at any stage of the proceedings either to instruct a legal agent as defined in Article 127 paragraph 5 to conduct his or her defence (right to choose a defence lawyer) or, subject to Article 130, to conduct his or her own defence. 2 The accused shall exercise his or her right to choose a defence lawyer by executing a written power of attorney or making a declaration on record.
Art. 130 Mandatory appointment of a defence lawyer
A defence lawyer must be appointed to represent the accused if: a. the period on remand including the period when under arrest has exceeded 10 days; b. the offence concerned carries a custodial sentence of more than one year or a custodial measure or may result in expulsion from Switzerland; c. the accused is unable to safeguard his or her interests in the proceedings adequately due to his or her physical or mental condition or for other reasons, and his or her statutory representative is unable to do so either; d. the prosecuting lawyer is appearing in person before the court of first instance or the court for Article 398 appeals; e. accelerated proceedings (Art. 358–362) are being conducted.
let. b — Amended by Annex No 5 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
Art. 131 Ensuring the mandatory appointment of the defence lawyer
1 Where the mandatory appointment of a defence lawyer is required, the director of proceedings shall ensure that a defence lawyer is appointed immediately. 2 If the requirements for the mandatory appointment of a defence lawyer are met on instigation of the preliminary proceedings, the defence lawyer must be appointed before the first examination by the public prosecutor or by the police on behalf of the public prosecutor. 3 In cases where the mandatory appointment of a defence lawyer is clearly required but evidence is obtained before a defence lawyer is appointed, the evidence obtained is only admissible if the accused waives the right to have the evidence taken again.
Para. 2 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Para. 3 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 132 Duty defence lawyer
1 The director of proceedings shall appoint a duty defence lawyer if: a. in the event of the mandatory appointment of a defence lawyer: 1. the accused, despite being requested to do so by the director of proceedings, fails to appoint a defence lawyer of choice, or 2. the defence lawyer of choice has been dismissed or has resigned and the accused fails to appoint a new defence lawyer of choice within the time limit set; b. the accused lacks the necessary financial means and requires a defence lawyer to safeguard of his or her interests. 2 A defence lawyer is required to safeguard the interests of the accused in particular if the matter is not a minor case and the case involves factual or legal issues that the accused is not qualified to deal with alone. 3 A case is no longer regarded as minor if it is probable that a custodial sentence of more than 4 months or a monetary penalty of more than 120 daily penalty units may be imposed on conviction.
Para. 3 — Amended by Annex No 3 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
Art. 133 Appointment of the duty defence lawyer
1 The duty defence lawyer is appointed by the person acting as director of proceedings at the relevant stage of the proceedings. 1bis The Confederation and cantons may delegate the choice of the duty defence lawyer to another authority or to a third party. 2 In choosing the duty defence lawyer, the lawyer’s suitability and if possible the wishes of the accused shall be taken into account.
Para. 1bis — 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 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 134 Dismissal and change of duty defence lawyer
1 If there is no longer any reason to have a duty defence lawyer, the director of proceedings shall dismiss the lawyer. 2 If the mutual trust between the accused and his or her duty defence lawyer is seriously compromised or the provision of an effective defence is no longer guaranteed for other reasons, the director of proceedings shall appoint another person as the duty defence lawyer.
Art. 135 Duty defence lawyer's fees
1 The duty defence lawyer shall be paid in accordance with the table of legal fees applicable in the Confederation or in the canton in which the criminal proceedings were conducted. 2 The public prosecutor or the court passing judgment shall determine the fees at the end of the proceedings. If the mandate continues for a long period or if there is another reason why it is not appropriate to wait for the end of the proceedings, the duty defence lawyer may receive advance payments in amounts fixed by the director of proceedings. 3 The duty defence lawyer may contest the decision on fees using the appellate remedy that is admissible against the final decision. 4 If the accused is ordered to pay procedural costs, he or she must repay the fees to the Confederation or the canton, as soon as his or her financial circumstances permit. 5 The rights of the Confederation or of the canton are subject to a time limit of 10 years from the time when the decision becomes legally binding.
Para. 2 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Para. 3 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Para. 4 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Section 3 Legal Aid for the Private Claimant and t
Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 136 Requirements
1 The director of proceedings shall on request grant full or partial legal aid: a. to the private claimants to assert their civil claims if they do not have the required financial resources and the civil proceedings do not appear to be without any prospect of success; b. to the victim to assert his or her criminal complaint if he or she does not have the required financial resources and the criminal complaint does not appear to be without any prospect of success. 2 Legal aid includes: a. relief from the requirement to make an advance payment or to provide security in respect of costs; b. relief from the requirement to pay procedural costs; c. the appointment of a legal representative if this is necessary to safeguard the rights of the private claimants or the victim. 3 A new application must be made for legal aid in appeal proceedings.
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. 2 let. c — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Para. 3 — Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 137 Appointment, dismissal and change
The appointment, dismissal and change of the legal representative are governed by Articles 133 and 134 mutatis mutandis.
Art. 138 Fees and allocation of costs
1 The legal representative's fees are governed by Article 135 mutatis mutandis; the final judgment on who must pay the costs of the legal representative and of any procedural acts in respect of which relief has been granted from making an advance payment to cover costs remains reserved. 1bis The victim and his or her relatives are not subject to any obligation to repay the costs of legal aid. 2 If the private claimants are awarded procedural and legal costs to be paid by the accused, the portion of these costs covered by legal aid must be refunded to the Confederation or to the canton.
Para. 1bis — Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).