Criminal Procedure Code (CrimPC)
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Chapter 1 Summary Penalty Order Procedure, Contrav
Section 1 Summary Penalty Order Procedure
Art. 352 Requirements
1 If the accused has accepted responsibility for the offence in the preliminary proceedings or if his or her responsibility has otherwise been satisfactorily established, the public prosecutor shall issue a summary penalty order if, having taken account of any suspended sentence or parole order that must be revoked, it regards any of the following sentences as appropriate: a. a fine; b. a monetary penalty of no more than 180 daily penalty units; c. … d. a custodial sentence of no more than 6 months. 2 Any of these sentences may be combined with a measure in accordance with Articles 66 and 67e–73 SCC. 3 Sentences in accordance with paragraph 1 letters b–d may be combined with each other provided the total sentence imposed corresponds to a custodial sentence of no more than 6 months. A fine may always be combined with any another sentence.
Para. 1 let. c — Repealed by Annex No 3 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), with effect from 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721). Para. 2 — SR 311.0 Para. 2 — 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. 352a Examination hearing
If it is anticipated that the summary penalty order will involve custodial sentence that must be served immediately, the public prosecutor shall conduct a hearing to examine the accused.
Art. 352a — Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 353 Content and notice of the summary penalty order
1 The summary penalty order contains: a. the name of the authority issuing the order; b. the name of the accused; c. a description of the act committed by the accused; d. the offence constituted by the act; e. the sanction; f. notice of the revocation of a suspended sanction or of parole with a brief statement of the reasons; fbis. the date on which any DNA profile created must be deleted; g. the costs and compensation due; h. details of any seized property or assets that are to be released or forfeited; i. reference to the possibility of rejecting the order and the consequences of failing to reject the order; j. place and date of issue; k. the signature of the person issuing the order. 2 The public prosecutor may decide on the civil claims in the summary penalty order procedure provided the accused has accepted the claims or provided: a. the claims may be assessed without taking further evidence; and b. the amount claimed does not exceed 30 000 francs. 3 Immediate written notice of th
Para. 1 let. fbis — Inserted by Annex 1 No 2 of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44). 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).
Art. 354 Rejection
1 A written rejection of the summary penalty order may be filed with the public prosecutor within 10 days by: a. the accused; abis. the private claimants; b. other affected persons; c. if so provided, the Office of the Attorney General of Switzerland or of the canton in federal or cantonal proceedings respectively. 1bis A private claimant may not contest the sanction imposed in a summary penalty order. 2 A rejection other than that made by the accused must be accompanied by a statement of grounds. 3 Unless a valid rejection is filed, the summary penalty order becomes a final judgment.
Para. 1 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. 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. 355 Procedure for rejection
1 If a rejection is filed, the public prosecutor shall gather the additional evidence required to assess the rejection. 2 If the person filing the rejection fails to attend an examination hearing without an excuse despite being served with a summons, the rejection is deemed to have been withdrawn. 3 After taking the evidence, the public prosecutor shall decide to either: a. stand by the summary penalty order; b. abandon the proceedings; c. issue a new summary penalty order; d. bring charges in the court of first instance.
Art. 356 Procedure before the court of first instance
1 If the public prosecutor decides to stand by the summary penalty order, it shall send the files immediately to the court of first instance for the conduct of the main proceedings. The summary penalty order constitutes the indictment. 2 The court of first instance shall decide on the validity of the summary penalty order and its rejection. 3 The rejection may be withdrawn at any time prior to the conclusion of the party submissions. 4 If the person filing the rejection fails to attend the trial without excuse or being represented, the rejection is deemed to have been withdrawn. 5 If the summary penalty order is invalid, the court shall revoke it and refer the case back to the public prosecutor for new preliminary proceedings to be conducted. 6 If the rejection relates only to costs and compensation or other incidental legal orders, so the court shall decide in written proceedings, unless the person filing the rejection expressly requests a hearing. 7 If summary penalty orders have bee
Section 2 Contravention Proceedings
Art. 357
1 The administrative authorities appointed to prosecute and adjudicate contraventions have the powers of the public prosecutor. 2 The procedure is governed mutatis mutandis by the regulations on the summary penalty order procedure. 3 If elements of the contravention have not been fulfilled, so the authority responsible for prosecuting contraventions shall abandon the proceedings by issuing a ruling with a brief statement of the reasons. 4 If in the view of the authority responsible for prosecuting contraventions the facts of the case constitute a felony or misdemeanour, it shall refer the case to the public prosecutor.
Chapter 2 Accelerated Proceedings
Art. 358 Principles
1 At any time prior to bringing charges, the accused may request the public prosecutor to conduct accelerated proceedings provided the accused admits the matters essential to the legal appraisal of the case and recognises, if only in principle, the civil claims. 2 Accelerated proceedings are not an option in cases where the public prosecutor requests a custodial sentence of more than five years.
Art. 359 Opening proceedings
1 The decision of the public prosecutor on whether to conduct accelerated proceedings is final. The ruling need not contain a statement of reasons. 2 The public prosecutor shall notify the parties that accelerated proceedings are to be conducted and shall set the private claimant a time limit of 10 days to file civil claims and request the reimbursement of costs incurred in the proceedings.
Art. 360 Indictment
1 The indictment shall contain: a. the details required in accordance with Articles 325 and 326; b. details of the sentence; c. details of any measures; d. instructions related to the imposition of a suspended sentence; e. the revocation of suspended sentences or parole; f. the arrangements made with regard to the civil claims filed by the private claimant; g. the details on costs and compensation; h. notice to the parties that by consenting to the indictment, they waive their rights to ordinary proceedings and their rights of appeal. 2 The public prosecutor shall serve the indictment on the parties. The parties must declare within ten days whether they consent to the indictment or not. Consent is irrevocable. 3 If a private claimant fails to give written notice rejecting the indictment within the deadline set, he or she is deemed to have consented to it. 4 If the parties consent, the public prosecutor shall pass the indictment with the files to the court of first instance. 5 If any pa
Art. 361 Trial
1 The court of first instance shall conduct a trial. 2 At the trial, the court shall question the accused and establish whether: a. he or she admits the matters on which the charges are based; and b. this admission corresponds to the circumstances set out in the files. 3 If necessary, the court shall also question other parties present. 4 No procedure for taking evidence shall be conducted.
Art. 362 Judgment or rejection of application
1 The court shall be free to decide whether: a. the conduct of accelerated proceedings is lawful and reasonable; b. the indictment is consistent with the outcome of the trial and with the files; and c. the requested sanctions are equitable. 2 If the requirements for a judgment in the accelerated proceedings are fulfilled, the court shall issue a judgment that sets out the offences, sanctions and civil claims contained in the indictment, together with a brief statement of reasons for the fulfilment of the requirements for the accelerated proceedings. 3 If the requirements for a judgment in the accelerated proceedings are not fulfilled, the court shall return the files to the public prosecutor so that ordinary preliminary proceedings may be conducted. The court shall give notice of its decision not to issue a judgment both orally and by issuing written conclusions. This decision is non-contestable. 4 Following a decision not to issue a judgment in accelerated proceedings, statements made
Chapter 3 Procedure for Separate Subsequent Court
Art. 363 Jurisdiction
1 The court that issued the first instance judgment shall also take any separate subsequent decisions delegated to a judicial authority unless the Confederation or cantons provide otherwise. 2 If the public prosecutor issued the decision in summary penalty order proceedings or the authority responsible for prosecuting contraventions issued the decision in contravention proceedings, these authorities shall also take the subsequent decisions. 3 The Confederation and the cantons shall specify the authorities responsible for making subsequent decisions that are not made by the court.
Art. 364 Procedure
1 The competent authority shall begin proceedings to issue a subsequent judicial decision ex officio unless federal law provides otherwise. It shall submit the relevant files and its application to the court. 2 In all other cases, the person convicted or any other entitled persons may request proceedings be initiated by filing a written and justified application. 3 The court shall examine whether the requirements for the subsequent judicial decision are fulfilled, and shall, if necessary, add to the files or arrange for further enquiries to be carried out by the police. 4 It shall give the persons and authorities concerned the opportunity to comment on the intended decision and to submit applications. 5 The proceedings before the court (Art. 363 para. 1) shall otherwise be governed mutatis mutandis by the provisions on the trial at first instance; Article 390 applies mutatis mutandis to the written procedure.
Para. 5 — Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 364a Preventive detention with a view to a separate subsequent court decision
1 The authority responsible for initiating the proceedings to issue a separate decision ex officio may order the arrest of the convicted person if it is seriously to be expected that: a. the person will be ordered to serve a custodial sanction; and b. the person: 1. will attempt to evade serving the sanction, or 2. will commit a further felony or serious misdemeanour. 2 The procedure is governed by analogy by Articles 222–228. 3 The competent authority shall submit the relevant files and its application to the court responsible for the separate subsequent decision as quickly as possible.
Art. 364a — Inserted by No I of the FA of 25 Sept. 2020 (Preventive Detention in the Procedure for Separate Subsequent Decisions), in force since 1 March 2021 (AS 2021 75; BBl 2019 6697).
Art. 364b Preventive detention during the court proceedings
1 The director of proceedings may order the arrest of the convicted person subject to the requirements of Article 364a paragraph 1. 2 It shall conduct detention proceedings by analogous application of Article 224 and request the compulsory measures court or the director of appellate proceedings to order preventive detention. The procedure is governed by analogy by Articles 225 and 226. 3 If preventive detention has already been ordered, the procedure is governed by analogy by Article 227. 4 Articles 222 and 230–233 also apply by analogy.
Art. 364b — Inserted by No I of the FA of 25 Sept. 2020 (Preventive Detention in the Procedure for Separate Subsequent Decisions), in force since 1 March 2021 (AS 2021 75; BBl 2019 6697).
Art. 365 Decision
1 The court shall decide based on the files. It may also order a hearing. 2 It shall issue its decision in writing with a brief statement of reasons. If a hearing has been held, it shall make an immediate oral announcement of its decision. 3 The court’s decision may be contested by filing an Article 398 appeal.
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).
Chapter 4 Procedure in the Absence of the Accused
Section 1 Requirements and Conduct
Art. 366 Requirements
1 If an accused who has been duly summoned fails to appear before the court of first instance, the court shall fix a new hearing and summon the person again or arrange for him or her to be brought before the court. It shall take evidence where this cannot be delayed. 2 If the accused fails to appear for the re-arranged trial or if it is not possible to bring him or her before the court, the trial may be held in the absence of the accused. The court may also suspend the proceedings. 3 If the accused is suffering from a voluntarily induced unfitness to plead or if he or she refuses to be brought from detention to the trial, the court may conduct proceedings immediately in absentia. 4 Proceedings in absentia may only be held if: a. the accused has previously had adequate opportunity in the proceedings to comment on the offences of which he or she is accused b. sufficient evidence is available to reach a judgment without the presence of the accused.
Art. 367 Conduct and decision
1 The parties and the defence shall be permitted to make party submissions. 2 The court shall reach its judgment based on the evidence taken in the preliminary proceedings and the main proceedings. 3 On conclusion of the party submissions the court may issue a judgment or suspend the proceedings until the accused appears in court in person. 4 Proceedings in absentia are otherwise governed by the provisions on the main proceedings at first instance.
Section 2 Re-assessment
Art. 368 Application for a re-assessment
1 If it is possible to serve the judgment in absentia personally, the person convicted shall be notified that he or she has 10 days to make a written or oral application to the court that issued the judgment for it to re-assess the case. 2 In the application, the person convicted must briefly explain why he or she was unable to appear at the trial. 3 The court shall reject the application if the person convicted was duly summoned, but failed to appear at the trial without excuse.
Art. 369 Procedure
1 If it is probable that the requirements for a re-assessment will be met, the director of proceedings shall fix a new trial. At this hearing, the court shall decide on the application for re-assessment and shall if applicable reach a new judgment. 2 The appeal courts shall suspend any appellate proceedings raised by other parties. 3 The director of proceedings shall decide before the trial on granting suspensive effect and on preventive detention. 4 If the convicted person again fails to appear for the trial, the judgment in absentia shall remain valid. 5 The application for re-assessment may be withdrawn at any time prior to the conclusion of the party hearing subject to the payment of costs and compensation.
Art. 370 New judgment
1 The court shall issue a new judgment, which is subject to the customary rights of appeal. 2 When the new judgment becomes legally binding, the judgment in absentia, any appeal against the same and decisions already taken in the appellate proceedings become void.
Art. 371 Relationship to an Article 398 appeal
1 Within the applicable time limit, a person convicted may file an Article 398 appeal against the judgment in absentia in addition to or instead of the application for re-assessment. The person convicted must be notified of this possibility in accordance with Article 368 paragraph 1. 2 An Article 398 appeal shall only be considered if the application for re-assessment has been rejected.
Chapter 5 Separate Measures Procedures
Section 1 Good Behaviour Bond Order
Art. 372 Requirements and jurisdiction
1 If it is not competent to order a good behaviour bond in terms of Article 66 SCC in the course of the criminal proceedings against the accused, separate proceedings shall be held. 2 If the accused is in detention due to a risk that he or she will commit a threatened felony or misdemeanour or that he or she will commit that felony or misdemeanour again, a good behaviour bond order is not competent. 3 The application to begin separate proceedings must be submitted to the public prosecutor in the place where the threat was made or the intention was expressed to commit the offence again.
Para. 1 — SR 311.0
Art. 373 Procedure
1 The public prosecutor shall question the persons involved and then pass the files to the compulsory measures court. The court shall order the measures mentioned in Article 66 SCC. The person concerned may file an Article 393 appeal against an order of detention with the court for Article 393 appeals. 2 The person threatened has the same rights as a private claimant. He or she may where this is justified be required to lodge security for the costs of the proceedings and for compensation. 3 The person alleged to have made the threat has the rights of an accused. 4 Where money bail in accordance with Article 66 paragraph 3 SCC is forfeited to the state, a ruling thereon shall be issued in application of Article 240. 5 If a person threatens immediate danger, the public prosecutor may place this person provisionally in detention or take other protective measures. The public prosecutor shall bring the person immediately before the competent compulsory measures court; this court shall decid
Para. 1 — SR 311.0
Section 2 Procedure where the Accused is not legal
Art. 374 Requirements andprocedure
1 If an accused is not legally responsible because of a mental disorder and if the application of Article 19 paragraph 4 or 263 SCC is not an option, the public prosecutor shall make a written application to the court of first instance for a measure in accordance with Articles 59–61, 63, 64, 67 or 67b or 67e SCC, without abandoning the proceedings beforehand due to the accused not being legally responsible because of a mental disorder. 2 The court of first instance may in consideration of the accused's state of health or to protect the accused's privacy: a. conduct the proceedings in the absence of the accused; b. exclude the public from the proceedings. 3 It shall give any private claimant the opportunity to comment on the application made by the public prosecutor and on his or her civil claim. 4 The provisions on the main proceedings at first instance otherwise apply.
Para. 1 — SR 311.0 Para. 1 — Amended by Annex No 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).
Art. 375 Decision
1 The court shall order the measures requested or other measures if it is satisfied that the accused committed the act but is not legally responsible due to a mental disorder and that measure is required. It shall decide on any civil claims at the same time. 2 The order in respect of the measure and the decision on the civil claims are issued in a judgment. 3 If the court is satisfied that the accused has the mental capacity to be legally responsible or that he or she committed the offences while lacking such mental capacity, it shall reject the application made by the public prosecutor. When this decision becomes legally binding, the preliminary proceedings against the accused shall be continued.
Section 3 Separate Forfeiture Proceedings
Art. 376 Requirements
Separate forfeiture proceedings are conducted if a decision must be made on the forfeiture of property or assets outside of criminal proceedings.
Art. 377 Procedure
1 Property or assets that will probably be forfeited in separate proceedings shall be seized. 2 If the requirements for forfeiture are fulfilled the public prosecutor shall order their forfeiture in a forfeiture order; it shall give the person concerned the opportunity to respond. 3 If the requirements are not fulfilled, it shall order the abandonment of the proceedings and return the property or assets to the entitled person. 4 The rejection procedure is governed by the provisions on summary penalty orders. Any decision made by the court shall be issued in the form of a judgment. The court’s decision may be contested by filing an Article 398 appeal.
Para. 4 — Second sentence 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 — Third sentence inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 378 Use for the benefit of the person suffering harm
The public prosecutor or the court shall also decide on the applications made by the person suffering harm for the forfeited property or assets to be used for his or her benefit. Article 267 paragraphs 3–6 applies mutatis mutandis.