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. 379 Applicable regulations
Appellate proceedings are governed mutatis mutandis by the general provisions of this Code, unless this Title provides otherwise.
Art. 380 Final or non-contestable decisions
Where this Code provides that a decision is final or non-contestable, there is no appellate remedy in respect of that decision under this Code.
Art. 381 Rights of the public prosecutor
1 The public prosecutor may seek an appellate remedy for the benefit or to the detriment of an accused or a person convicted. 2 If the Confederation or cantons provide for a chief prosecutor or an attorney general, they shall specify which public prosecutor is entitled to seek an appellate remedy. 3 They shall specify which authorities may seek an appellate remedy in contravention proceedings. 4 …
Para. 4 — Repealed by No I of the FA of 17 June 2022, with effect from 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 381a Rights of federal authorities
Federal authorities may seek an appellate remedy in respect of cantonal decisions if federal law provides that they must be notified of the decision.
Art. 381a — Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 382 Rights of other parties
1 Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy. 2 A private claimant may not contest a decision on a sanction that has been imposed. 3 In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
Para. 3 — SR 311.0
Art. 383 Payment of security
1 The director of appellate proceedings may require the private claimant to lodge security within of a time limit to cover any costs and compensation. Article 136 remains reserved. 2 If the security is not paid in time, the appellate authority shall not consider the appellate remedy.
Art. 384 Commencement of the period for requesting the appellate remedy
The period for requesting an appellate remedy begins: a. in the case of a judgment: with the handover or service of the conclusions; b. in the case of other decisions: with the service of the decision; c. in the case of a procedural act not subject to written notice: when the recipient is informed of it.
Art. 385 Statement of the grounds and form
1 If this Code requires that the appellate remedy be accompanied by a statement of the grounds, the person or the authority seeking the appellate remedy must indicate precisely: a. which points of the decision are contested; b. what grounds there are for reaching a different decision; c. what evidence they wish to adduce in support of the appellate remedy. 2 If the submission fails to satisfy these requirements, the appellate authority shall return the same and fix a short additional period within which it may be amended. If the submission still fails to satisfy the requirements after this additional period, the appellate authority shall not consider the appellate remedy. 3 The incorrect designation of an appellate remedy does not adversely affect its validity.
Art. 386 Waiver and withdrawal
1 Any person with a right to seek an appellate remedy may waive this right by making a written or oral declaration to the authority issuing the decision on receiving notice of the contestable decision. 2 Any person who has requested an appellate remedy may withdraw the same: a. in oral proceedings: before the conclusion of the party hearings; b. in written proceedings: before the conclusion of the exchange of submissions and any amendments to the evidence or files. 3 Waiver and withdrawal are final unless the party has been induced to make his or her declaration by deception, an offence or incorrect official information.
Art. 387 Suspensive effect
Appellate remedies have no suspensive effect, subject to any provisions of this Code that provide otherwise or orders issued by the director of appellate proceedings.
Art. 388 Jurisdiction of the director of proceedings over measures directing proceedings and interim measures and decisions not to consider the substance of the case
1 The director of appellate proceedings shall take the required measures directing proceedings and interim measures that cannot be delayed. He or she may in particular: a. instruct the public prosecutor to take evidence where this cannot be delayed; b. order detention; c. appoint a duty defence lawyer. 2 He or she shall decide not to consider the substance of: a. clearly inadmissible appellate remedies; b. appellate remedies that are clearly based on insufficient grounds; c. appellate remedies that are querulant or vexatious.
Art. 388 — 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 — Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 389 Additional evidence
1 The appellate proceedings are based on the evidence that was taken in the preliminary proceedings and in the main proceedings before the court of first instance. 2 Evidence taken by the court of first instance shall only be taken again if: a. rules on evidence have been infringed; b. the evidence taken was incomplete; c. the files on the evidence taken appear to be unreliable. 3 The appellate authority shall take the required additional evidence ex officio or at the request of a party.
Art. 390 Written procedure
1 Any person who wishes to seek an appellate remedy for which this Code stipulates a written procedure must file the relevant petition. 2 If the appellate remedy is not obviously inadmissible or unjustified, the director of proceedings shall send the petition to the other parties and the lower court to obtain their response. If the petition cannot be sent to a party or if a party fails to respond, the proceedings shall nevertheless be continued. 3 The appellate authority shall if necessary order a second exchange of written submissions. 4 It shall make its decision by way of circulation or by deliberating in camera based on the files and any additional evidence taken. 5 It may order a hearing ex officio at the request of a party.
Art. 391 Decision
1 In making its decision, the appellate authority is not bound by: a. the grounds put forward by the parties; b. the applications made by the parties unless it is considering civil claims. 2 It may not amend decisions to the prejudice of an accused or person convicted if the appeal was filed solely for that person's benefit. However, it may impose a more severe penalty where facts have come to light that the court of first instance could not have known. 3 It may not amend decisions on civil matters to the prejudice of a private claimant if this is the only person to request an appellate remedy.
Art. 392 Extending the application of successful appellate remedies
1 Where only certain individual suspects or person convicted in the same proceedings have requested an appellate remedy and if this appellate remedy is granted, the contested decision shall also be quashed or amended in favour of the persons who did not request an appellate remedy if: a. the appellate authority assessed the facts of the case differently; and b. their considerations area also relevant to the other parties. 2 Before making their decision, the appellate authority shall if necessary hear the accused or person convicted who have not requested an appellate remedy, the public prosecutor and the private claimant.
Chapter 2 Article 393 Appeals
Art. 393 Admissibility and grounds
1 An appeal under this article is admissible against: a. the rulings and the procedural acts of the police, public prosecutor and authorities responsible for prosecuting contraventions; b. the rulings, decrees and procedural acts of courts of first instance, with the exception of decisions directing proceedings; c. decisions of the compulsory measures court, unless this Code provides that they are final. 2 An Article 393 appeal may contest: a. an infringement of the law, including exceeding and abusing discretionary powers, the denial of justice and unjustified delay; b. an incomplete or incorrect assessment of the circumstances of the case; c. a decision that is inequitable.
Para. 1 let. c — Amended by No I 3 of the FA of 16 June 2023 on a Revision of the Law on Sex Offences, in force since 1 July 2024 (AS 2024 27; BBl 2018 2827; 2022 687, 1011).
Art. 394 Inadmissibility of the Article 393 appeal
An Article 393 appeal is not permitted: a. if an Article 398 appeal is admissible; b. against the rejection of requests for further evidence to be taken by the public prosecutor or the authority responsible for prosecuting contraventions, if the application may be filed again before the court of first instance without legal disadvantage.
Art. 395 Court for Article 393 appeals with a panel of judges
If the court for Article 393 appeals is a court with a panel of judges, the director of proceedings shall decide on the appeal alone if it has the following subject matter: a. contraventions only; b. the financial consequences of a decision where the amount in dispute is no more than 5000 francs.
Art. 396 Form and time limit
1 An Article 393 appeal against decisions issued in writing or orally must be filed within 10 days in writing and with a statement of grounds with the court for Article 393 appeals. 2 There is no time limit for filing an Article 393 appeal alleging a denial of justice or unjustified delay.
Art. 397 Procedure and decision
1 An Article 393 appeal shall be dealt with by written proceedings. 2 If the authority upholds the Article 393 appeal, it shall make a new decision or quash the contested decision and refer the case back to the lower court for a new decision. 3 If it upholds an Article 393 appeal against a ruling abandoning proceedings, it may issue instructions to the public prosecutor or the authority responsible for prosecuting contraventions on the continuation of the proceedings. 4 If it holds that there has been a denial of justice or unjustified delay, it may issue instructions to the authority concerned and set time limits for its compliance. 5 The court for Article 393 appeals shall decide within six months.
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).
Chapter 3 Article 398 Appeals
Section 1 General Provisions
Art. 398 Admissibility and grounds
1 An appeal under this article is permitted against judgments of courts of first instance that conclude the proceedings in their entirety or in part, and against individual subsequent court decisions and individual forfeiture decisions. 2 The court for Article 398 appeals may review the judgment comprehensively on all contested points. 3 An Article 398 appeal may contest: a. an infringement of the law, including exceeding and abusing discretionary powers, the denial of justice and unjustified delay; b. an incomplete or incorrect assessment of the circumstances of the case; c. a decision that is inequitable. 4 Where the trial before the court of first instance considered contraventions only, the Article 398 appeal may only claim that the judgment contains errors in law or that the assessment of the circumstances was clearly incorrect or based on an infringement of the law. New averments and evidence may not be raised. 5 If the Article 398 appeal is limited to civil matters, the first in
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. 399 Notice of intention to appeal and Article 398 appeal petition
1 Notice of intention to file an Article 398 appeal must be given in writing or orally to the court of first instance within 10 days of the issuing of the judgment. 2 When it has drawn up the written judgment stating the grounds, the court of first instance shall transmit the notice together with the files to the court for Article 398 appeals. 3 The party that has given notice of intention to appeal shall file a written Article 398 appeal petition with the court for Article 398 appeals within 20 days of receiving the written judgment stating the grounds. In the petition, he or she must indicate: a. whether he or she is contesting the judgment in its entirety or only in part; b. which changes to the judgment issued by the court of first instance judgment it is requesting; and c. what requests for further evidence to be taken it is making. 4 If a person is only contesting part of the judgment, he or she must indicate in the Article 398 appeal petition which of the following parts the app
Art. 400 Preliminary examination
1 If it is not clear from the Article 398 appeal petition whether the first instance judgment is being contested in its entirety or only in part, the director of appeal proceedings shall request the party to clarify the petition and set a time limit for that purpose. 2 The director of proceedings shall send a copy of the appeal petition to the other parties immediately. 3 Within 20 days of receipt of the appeal petition, the other parties may: a. make a written application for the dismissal of the appeal without considering its substance; the application contain with a statement of the grounds; b. declare their intention to file a cross-appeal.
Art. 401 Cross-appeal
1 Cross-appeals are governed mutatis mutandis by Article 399 paragraphs 3 and 4. 2 They are not limited to the scope of the main Article 398 appeal, unless it relates solely to the civil aspect of the judgment. 3 If the main appeal is withdrawn or dismissed without its substance being considered, the cross-appeal also lapses.
Art. 402 Effect of the Article 398 appeal
An Article 398 appeal has suspensive effect with regard to the matters contested.
Section 2 Procedure
Art. 403 Decision to consider the substance of the Article 398 appeal
1 The court for Article 398 appeals shall decide in written proceedings whether it should consider the substance of the appeal where the director of proceedings or a party claims: a. the notice of intention to appeal or appeal petition was filed too late or is inadmissible; b. the appeal is inadmissible under Article 398; c. procedural requirements have not been fulfilled or there are procedural impediments. 2 It shall give the parties opportunity to comment. 3 If it decides not to consider the substance of the appeal, it shall give notice of its decision and the grounds therefor to the parties. 4 The director of proceedings shall otherwise and without any further formalities make the required arrangements for conducting the appeal proceedings.
Art. 404 Extent of consideration
1 The court for Article 398 appeals shall consider only the contested points in the first instance judgment. 2 It may also consider points not contested for the benefit of the accused in order to prevent an unlawful or unfair decision from being made.
Art. 405 Oral procedure
1 The oral Article 398 appeal hearing is governed by the provisions on the trial in first instance. 2 If the accused or the private claimant filed the appeal or cross-appeal, the director of proceedings shall summon him or her to the appeal hearing. In simple cases, he or she may, if requested, be granted dispensation not to attend and be permitted to submit and justify their applications in writing. 3 The director of proceedings shall summon the public prosecutor to the hearing: a. in the cases mentioned in Article 337 paragraphs 3 and 4; b. if the public prosecutor has filed the Article 398 appeal or the cross- appeal. 4 If the public prosecutor is not summoned, it may submit written applications and a written statement of the grounds or appear personally in court.
Art. 406 Written procedure
1 The court for Article 398 appeals may deal with the appeal in written proceedings if: a. its decision relates solely to legal issues; b. only the civil aspect is being contested; c. the subject matter of the judgment of the court of first instance is a contravention and the appeal does not request a conviction for a felony or misdemeanour; d. only an award of costs, compensation or satisfaction is being contested; e. only measures under Article 66–73 SCC are being contested. 2 With the consent the parties, the director of proceedings may also order written proceedings if: a. the presence the accused is not required; b. the appeal relates to the decision of a judge sitting alone. 3 The director of proceedings shall fix a time limit within which the party filing the appeal must submit a written statement of the grounds. 4 The subsequent proceedings are governed by Article 390 paragraphs 2–4.
Para. 1 let. e — SR 311.0
Art. 407 Default by the parties
1 The Article 398 appeal or cross-appeal is deemed to have been withdrawn if the party that has filed it: a. fails without excuse to attend or to arrange to be represented at the oral appeal hearing; b. fails to file any written submissions; or c. cannot be summoned. 2 If the public prosecutor or the private claimant has filed an Article 398 appeal against the verdict or the sentence and the accused fails without excuse to attend the hearing, so proceedings in absentia shall be held. 3 If the private claimant has limited his or her Article 398 appeal to the civil aspect and the accused fails without excuse to attend the hearing, the court for Article 398 appeals shall decide as on the basis of the findings made in the trial before the court of first instance and the other files.
Section 3 Appeal Decision
Art. 408 New judgment
1 If the court for Article 398 appeals decides to consider the substance of an Article 398 appeal, it shall issue a new judgment which replaces the first instance judgment. 2 The court for Article 398 appeals shall decide within twelve months.
Para. 2 — Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 409 Quashing the judgment and remitting the case
1 If the proceedings in the first instance were so seriously flawed that they cannot be rectified by the Article 398 appeal proceedings, the court for Article 398 appeals shall quash the contested judgment and remit the case to the court of first instance so that it may conduct a re-trial and issue a new judgment. 2 The court for Article 398 appeals shall decide which procedural acts must be repeated or carried out. 3 The court of first instance is bound by the interpretation of law made by the court for Article 398 appeals in the decree remitting the case and by the instruction issued in accordance with paragraph 2.
Chapter 4 Review
Art. 410 Admissibility of and grounds for a review
1 Any person who is adversely affected by a legally binding final judgment, a summary penalty order, a subsequent judicial decision or a decision in separate proceedings on measures may request a review of the case if: a. new circumstances that arose before the decision or new evidence have come to light that are likely to lead to an acquittal, a considerably reduced or more severe penalty for the convicted person or the conviction of an acquitted person; b. the decision is irreconcilably contradictory to a subsequent criminal judgment relating to the same set of circumstances; c. it has been proven in other criminal proceedings that the result of proceedings was influenced by a criminal offence; a conviction is not required; if it is not possible to conduct criminal proceedings, proof may be adduced in another way. 2 The review of a case due to a violation of the Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms (ECHR) may be requested if: a. th
Para. 2 — SR 0.101 Para. 2 let. a — Amended by Annex No 3 of the FA of 1 Oct. 2021, in force since 1 July 2022 (AS 2022 289; BBl 2021 300, 889).
Art. 411 Form and time limit
1 Applications for the review of a case must be submitted to the court for Article 398 appeals in writing and include a statement of the grounds. The application must indicate and substantiate the grounds for the review. 2 Applications in terms of Article 410 paragraph 1 letter b and 2 must be filed within 90 days of receiving notice of the decision concerned. In other cases, applications for the review of a case are not subject to a time limit.
Art. 412 Preliminary examination and decision to consider the substance of the case
1 The court for Article 398 appeals shall conduct a preliminary examination of the application for a review in written proceedings. 2 If the application is clearly in admissible or unjustified or if an application on the same grounds has already been made and rejected, the court shall not consider the substance of the case. 3 The court shall otherwise request the other parties and the lower court to comment in writing. 4 It shall decide on the required additions to the evidence and files as well as on interim measures, unless this is the responsibility of the director of proceedings in accordance with Article 388.
Art. 413 Decision
1 If the court for Article 398 appeals rejects the grounds for a review put forward, it shall dismiss the application for a review and cancel any interim measures. 2 If the court accepts the grounds for a review put forward, it shall quash the contested decision in its entirety or in part and: a. remit the case to the authority that it designates for reconsideration and a new judgment; or b. make a new decision itself, provided the state of the files so permits. 3 In the event that it remits the case, it shall decide on the extent to which the grounds for a review accepted nullify the legality and enforceability of the contested decision and at what stage the proceedings should be resumed. 4 It may order the accused to be placed temporarily or to remain in preventive detention, if the relevant requirements are fulfilled.
Art. 414 New proceedings
1 If the court for Article 398 appeals has remitted the case to the public prosecutor, the public prosecutor shall decide whether to raise a new prosecution, to issue a summary penalty order or to abandon the proceedings. 2 If it has remitted the case to a court, the court shall take any additional evidence required and, following a trial, shall issue a new judgment.
Art. 415 Consequences of the new decision
1 If the new decision imposes a higher sentence on the accused, the portion of the original sentence already served shall be taken into account. 2 If the accused is acquitted or a more lenient sentence is imposed or if the proceedings are abandoned, any fines or monetary penalties that have been overpaid shall be refunded. Claims made by the accused for compensation or satisfaction are governed by Article 436 paragraph 4. 3 If a conviction is overturned and an acquittal imposed, the accused or, following his or her death, his or her next-of-kin may demand that the new decision be published.