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
Art. 299 Definition and purpose
1 The preliminary proceedings comprise the police enquiries and the investigation by the public prosecutor. 2 In the preliminary proceedings, based on the suspicion that an offence has been committed, enquiries shall be carried out and evidence gathered in order to establish whether: a. a summary penalty order should be issued to the accused; b. charges should be brought against the accused; c. the proceedings should be abandoned.
Art. 300 Commencement
1 Preliminary proceedings commence when: a. enquiries are begun by the police; b. an investigation is opened by the public prosecutor. 2 The commencement of preliminary proceedings may not be contested unless the accused claims it constitutes a violation of the rule against double jeopardy.
Art. 301 Right to report an offence
1 Any person is entitled to report an offence to a criminal justice authority in writing or orally. 1bis The person filing the report may request the criminal justice authority to provide confirmation of a report made orally on record. 2 The criminal justice authority shall if requested notify the person making the report of whether criminal proceedings are being commenced and how they are proceeding. 3 A person making a report who has neither suffered loss nor injury nor is a private claimant has no further procedural rights.
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).
Art. 302 Duty to report
1 The criminal justice authorities are obliged to report to the competent authority all offences that have come to light or that have been reported to them in the course of their official activities, unless they themselves are responsible for prosecuting the offence. 2 The Confederation and the cantons shall regulate the duty to report of members of other authorities. 3 The duty to report ceases to apply for persons who have the right to remain silent or to refuse to testify in accordance with Articles 113 paragraph 1, 168, 169 and 180 paragraph 1.
Art. 303 Offences prosecuted on complaint or with official authorisation
1 In the case of offences that are prosecuted only on complaint or with official authorisation, preliminary proceedings shall be commenced only if a criminal complaint has been made or authorisation granted. 2 The competent authority may act to secure evidence beforehand where this cannot be delayed.
Art. 303a Provision of security in the case of offences against personal honour
1 In the case of offences against personal honour, the public prosecutor may require the complainant to provide security for possible costs and compensation with a certain period. 2 If security is not provided within this period, the criminal complaint is deemed to be withdrawn.
Art. 303a — Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 304 Form of the criminal complaint
1 A criminal complaint must be submitted in writing or made orally and noted down in an official record. It must be made to the police, the public prosecutor or the authority responsible for prosecuting contraventions. 2 Where a person waives the right to file a complaint or withdraws a complaint, the same form is required.
Art. 305 Information and referral for the victim
1 The police and the public prosecutor shall inform the victim in full at their first examination hearing of his or her rights and obligations in the criminal proceedings. 2 They shall at the same time inform the victim of: a. the addresses and services provided by victim counselling services; b. the possibility of claiming various victim support benefits; c. the time limit for the filing claims for compensation and satisfaction; d. the right under Article 92a SCC to request information on the decisions and circumstances of the execution of penalties and measure in relation to the offender. 3 If the victim agrees, they shall pass his or her name and address on to a counselling service. 4 Paragraphs 1–3 also apply mutatis mutandis to the relatives of the victim. 5 Confirmation that the provisions this Article have been complied with must be recorded in the case file.
Art. 305 — 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. 305 — Amended by No I 3 of the FA of 26 Sept. 2014 on Victims’ Right to Information, in force since 1 Jan. 2016 (AS 2015 1623; BBl 2014 889 913). Para. 2 — Amended by No I 3 of the FA of 26 Sept. 2014 on Victims’ Right to Information, in force since 1 Jan. 2016 (AS 2015 1623; BBl 2014 889 913). Para. 2 let. d — Inserted by No I 3 of the FA o
Chapter 2 Police Enquiries
Art. 306 Duties of the police
1 The police shall in the course of their enquiries establish the facts relevant to an offence on the basis of reports, instructions from the public prosecutor or their findings. 2 They must in particular: a. secure and evaluate forensic and other evidence; b. identify and interview persons suffering harm and suspects; c. if necessary, stop and arrest or attempt to trace suspects. 3 Their activities are governed by the regulations on investigations, evidence and compulsory measures, subject to the special provisions of this Code.
Art. 307 Cooperation with the public prosecutor
1 The police shall inform the public prosecutor immediately of serious offences and other serious incidents. The federal and cantonal public prosecutors may issue more detailed provisions on this duty to provide information. 2 The public prosecutor may issue instructions and assignments to the police at any time or take over the conduct of the proceedings. In the cases under paragraph 1, it shall if possible conduct the first essential examination hearings itself. 3 The police shall record all their findings and the measures they have taken in written reports and pass these on conclusion of their enquiries together with the reports of offences, transcripts of examination hearings, other files and property and assets that have been seized directly to the public prosecutor. 4 They may dispense with making a report if: a. there is clearly no need for the public prosecutor to take further proceedings; and b. no compulsory measures or other formal enquiries have been carried out.
Chapter 3 Investigation by the Public Prosecutor
Section 1 Duties of the Public Prosecutor
Art. 308 Definition and purpose of the investigation
1 In the investigation, the public prosecutor shall clarify the factual and legal aspects of the case in order that it may conclude the preliminary proceedings. 2 If it is anticipated that charges will be brought or a summary penalty order issued, it shall clarify the personal circumstances of the accused. 3 If charges are to be brought, the investigation must provide the court with the basic information required to assess the guilt of the accused and to impose a sentence.
Art. 309 Opening the investigation
1 The public prosecutor shall open an investigation if: a. there is a reasonable suspicion that an offence has been committed based on the information and reports from the police, the complaint or its own findings; b. it intends to order compulsory measures; c. it has received information from the police in terms of Article 307 paragraph 1. 2 It may return police reports and criminal complaints that do not contain clear indications that an offence has been committed to the police so that they may carry out additional enquiries. 3 It shall open the investigation by issuing a ruling in which it shall name the accused and the offence that he or she is suspected of committing. The ruling need not contain a statement of reasons or be made public. It is non-contestable. 4 The public prosecutor may not open an investigation if it immediately issues a no-proceedings order or a summary penalty order.
Art. 310 No-proceedings order
1 The public prosecutor shall rule that no proceedings be taken as soon as it is established on the basis of the complaint or the police report that: a. the elements of the offence concerned or the procedural requirements have clearly not been fulfilled; b. there are procedural impediments; c. there should be no prosecution for the reasons stated in Article 8. 2 The procedure is otherwise governed by the provisions on abandoning proceedings.
Section 2 Conduct of the Investigation
Art. 311 Gathering of evidence and extending the investigation
1 The public prosecutors shall gather the evidence themselves. The Confederation and the cantons shall decide on the extent to which they may delegate specific investigative activities to their staff. 2 The public prosecutor may extend the investigation to include additional persons or offences. Article 309 paragraph 3 applies.
Art. 312 Assignments given by the public prosecutor to the police
1 The public prosecutor may instruct the police to carry out additional enquiries after the investigation has been opened. It shall issue written instructions, or in cases of urgency oral instructions, that limit the enquiries to clearly defined issues. 2 In the case of examination hearings carried out by the police on behalf of the public prosecutor, the persons involved in the proceedings have the procedural rights that they would be accorded in the case of examination hearings by the public prosecutor.
Art. 313 Taking evidence for civil claims
1 The public prosecutor shall gather the evidence required to assess the civil claim provided the proceedings are not unduly extended or delayed thereby. 2 It may the make the gathering of evidence that primarily serves to further the civil claim conditional on an advance payment by the private claimant to cover costs.
Art. 314 Suspension
1 The public prosecutor may suspend an investigation, in particular if: a. the identity of the offender or his or her whereabouts is unknown is or there are other temporary procedural impediments; b. the outcome of the criminal proceedings depends on other proceedings and it seems appropriate to await their conclusion; c. private settlement proceedings are ongoing and it seems appropriate to await their outcome; d. a decision on the substance of the case depends on how the consequences of the offence develop. 2 In the case of paragraph 1 letter c, the period of suspension shall be limited to 3 months; it may be extended on one occasion by a further 3 months. 3 Before suspending proceedings, the public prosecutor shall gather any evidence that is at risk of being lost. If the identity of the offender or his or her whereabouts is unknown, it shall order that he or she be traced. 4 The public prosecutor shall give notice of the suspension to the accused, the private claimant and the victi
Art. 315 Resumption of proceedings
1 The public prosecutor shall resume a suspended investigation ex officio if the grounds for suspension no longer apply. 2 A decision to resume proceedings may not be contested.
Section 3 Private Settlements
Art. 316
1 Where the proceedings relate to an offence that is prosecuted only on complaint, the public prosecutor may summon the complainant and the accused to a hearing with the aim of achieving a settlement. If the complainant fails to attend, the complaint is deemed to have been withdrawn. 2 If consideration is being given to an exemption from any penalty because reparation has been made in accordance with Article 53 SCC, the public prosecutor shall invite the person suffering harm and the accused to a hearing with the aim of agreeing on reparation. 3 If an agreement is reached, this shall be placed on record and signed by those involved. The public prosecutor shall then abandon the proceedings. 4 If the accused fails to attend a hearing in accordance with paragraphs 1 or 2 or if no agreement is reached, the public prosecutor shall immediately proceed with the investigation. In cases where it is justified, it may require the complainant to provide security for costs and compensation within t
Para. 2 — SR 311.0
Section 4 Conclusion of the Investigation
Art. 317 Final examination hearing
In extensive and complex preliminary proceedings, the public prosecutor shall question the accused again in a final examination hearing before concluding the investigation and request the accused to comment on the findings.
Art. 318 Conclusion
1 If the public prosecutor regards the investigation as completed, it shall issue a summary penalty order or give written notice to those parties whose address is known of the imminent conclusion of the investigation and inform them whether it is intended to bring charges or abandon the proceedings. At the same time, it shall allow the parties a period within which to submit requests for further evidence to be taken. 1bis It shall give written notice to persons suffering harm whose address is known but who have not yet been informed of their rights that it intends to conclude the proceedings by issuing a summary penalty order, bringing charges or abandoning the proceedings, and allow them a period within which they may give notice that they wish to become a private claimant and request that evidence be taken. 2 It may reject requests for further evidence to be taken only if the evidence involves matters that are irrelevant, obvious, known to the criminal justice authority or already sa
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. 3 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Chapter 4 Abandoning Proceedings and Bringing Char
Section 1 Abandoning Proceedings
Art. 319 Grounds
1 The public prosecutor shall order the complete or partial abandonment of the proceedings if: a. no suspicions are substantiated that justify bringing charges; b. the conduct does not fulfil the elements of an offence; c. grounds justifying the conduct mean that it does not constitute an offence; d. it is impossible to fulfil the procedural requirements or procedural impediments have arisen; e. a statutory regulation applies that permit the public prosecutor to dispense with bringing charges or imposing a penalty. 2 It may also abandon the proceedings by way of exception if: a. this is essential in the interests of a victim who was under the age of 18 at the time of the offence and this interest clearly overrides the interest of the state in a prosecution; and b. the victim or in the event that the victim lacks legal capacity, his or her legal agent consents to the abandonment.
Art. 320 Ruling abandoning proceedings
1 The form and general content of the ruling abandoning proceedings are governed by Articles 80 and 81. 2 The public prosecutor shall revoke existing compulsory measures in the ruling abandoning proceedings. It may order the forfeiture of property and assets. 3 Civil claims are not addressed in the ruling abandoning proceedings. A private claimant may take civil action after the ruling becomes legally binding. 4 A legally binding ruling abandoning proceedings is equivalent to a final verdict of acquittal.
Art. 321 Notice
1 The public prosecutor shall give notice of the ruling abandoning proceedings to: a. the parties; b. the victim; c. the other persons involved in the proceedings affected by the ruling; d. any other authorities designated by the cantons provided they have a right of appeal under Article 398. 2 The foregoing is subject to the express waiver of any person involved in the proceedings. 3 Articles 84–88 are otherwise applicable mutatis mutandis.
Art. 322 Approval and rights of appeal
1 The Confederation and the cantons may stipulate that the ruling abandoning proceedings be approved by the Office of the Chief Cantonal Prosecutor. 2 The parties may contest the ruling abandoning proceedings with the court for Article 393 appeals within 10 days. 3 If the ruling abandoning proceedings includes a decision on forfeiture, the decision may be rejected. The rejection procedure is governed by the provisions on summary penalty orders. A court decision shall be issued in the form of a decree or a ruling.
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. 323 Reopening of proceedings
1 The public prosecutor shall order the reopening of proceedings that have been abandoned by a legally-binding ruling if it obtains new evidence or information that: a. indicates that the accused is guilty of a criminal offence; and b. does not result from the previous files. 2 It shall give notice of the reopening of proceedings to the persons and authorities that previously received notice of the abandonment.
Section 2 Bringing Charges
Art. 324 Principles
1 The public prosecutor shall bring charges in the competent court if, based on the results of the investigation, it regards the grounds for suspicion as sufficient and it is not competent to issue a summary penalty order. 2 The bringing of charges is non-contestable.
Art. 325 Content of the indictment
1 The indictment shall indicate: a. the place and the date; b. the public prosecutor bringing the charges; c. the court competent to hear the charges; d. the accused and his or her defence lawyer; e. the person suffering harm; f. as briefly but precisely as possible: the acts that the accused is alleged to have committed with details of the place of commission, date, time, nature and consequences of their commission; g. the offences that are in the opinion of the public prosecutor constituted by these acts with details of the applicable statutory provisions. 2 The public prosecutor may bring alternative charges or secondary charges for the event that the main charges are dismissed.
Art. 326 Further information and applications
1 The public prosecutor shall provide the court with the following details and make the following applications unless they are already included in the indictment: a. the private claimant and any civil claims; b. the compulsory measures ordered; c. the seized property and assets; d. the costs incurred in the investigation; e. if deemed necessary, its application for preventive detention; f. its applications for sanctions or notice that these applications will be made at the trial; g. its applications for subsequent judicial decisions; h. its request to receive a summons to the trial. 2 If the public prosecutor is not personally represented in court, it may attach a final report to the indictment that explains the circumstances of the case, which also contains comments on the assessment of evidence.
Art. 327 Service of the indictment
1 The public prosecutor shall immediately serve the indictment together with any final report: a. on the accused, provided his or her whereabouts is known; b. on the private claimant; c. on the victim; d. on the competent court, together with the files and the seized property and assets. 2 If the public prosecutor applies for an order of preventive detention, when filing the relevant application, it shall also serve a copy of the indictment on the compulsory measures court.