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. 416 Scope of application
The provisions of this Title apply to all procedures under this Code.
Art. 417 Liability to pay costs for procedural default
In the event of failure to comply with procedural requirements or any other form of procedural default, the criminal justice authority may require the party responsible for the default to pay procedural costs and compensation regardless of the outcome of the proceedings.
Art. 418 Participation of more than one person and liability of third parties
1 If more than one person is liable to pay costs, the costs shall be imposed proportionately. 2 Where two or more persons are jointly responsible for costs being incurred, the criminal justice authority may order that the persons concerned be held jointly and severally liable to pay the costs. 3 It may require third parties in accordance with the civil law principles of liability to bear the costs jointly and severally with the accused.
Art. 419 Liability to pay costs of persons not legally responsible due to a mental disorder
If the proceedings are abandoned or result in an acquittal because the accused is not legally responsible due to a mental disorder, the costs may be imposed on the accused if this appears reasonable in all the circumstances.
Art. 420 Legal action
The Confederation or the canton may take legal action against persons who wilfully or through gross negligence lead it to incur costs by: a. causing proceedings to be instituted; b. make the proceedings considerably more complicated; c. bringing about a decision that is overturned in review proceedings.
Art. 421 Decision on costs
1 The criminal justice authority shall decide who is to bear any costs in the final judgment. 2 It may make an advance decision in: a. interim decisions; b. decisions on the partial abandonment of the proceedings; c. decisions on appeals against interim and abandonment decisions.
Chapter 2 Procedural Costs
Art. 422 Definition
1 The procedural costs comprise the charges that cover fees and outlays in a specific criminal case. 2 Outlays are in particular: a. the cost of the duty defence lawyer and legal aid representative; b. the cost of translations; c. the cost of expert reports; d. the cost incurred by involving other authorities; e. postage, telephone and similar expenses.
Art. 423 Principles
1 The procedural costs shall be borne by the Confederation or the canton that conducts the proceedings, unless otherwise provided in this Code. 2 and 3 …
Para. 23 — Repealed by Annex No II 7 of the Criminal Justice Authorities Act of 19 March 2010, with effect from 1 Jan. 2011 (AS 2010 3267; BBl 2008 8125).
Art. 424 Calculation and fees
1 The Confederation and the cantons shall issue regulations on the calculation of procedural costs and shall stipulate the fees. 2 They may stipulate flat-rate fees for simple cases that also cover the outlays.
Art. 425 Deferment and remission
The criminal justice authority may defer its claim to procedural costs or, taking account of the financial circumstances of the person liable to pay, reduce or remit the sum due.
Art. 426 Liability to pay costs of the accused and parties to separate measures proceedings
1 The accused shall bear the procedural costs if he or she is convicted. Exempted therefrom are the costs of the duty defence lawyer; Article 135 paragraph 4 is reserved. 2 If the proceedings are abandoned or the accused acquitted, all or part of the procedural costs may be imposed on the accused if he or she has unlawfully or culpably caused the proceedings to be initiated or has obstructed their conduct. 3 The accused shall not bear the procedural costs that: a. the Confederation or the canton has incurred through unnecessary or flawed procedural acts; b. are incurred for translations that were necessary because the accused speaks a foreign language. 4 The accused shall bear the costs of the private claimant's legal aid representative only if he or she has the financial means to do so. 5 The provisions of this Article apply mutatis mutandis to parties to separate measures procedures if they are unsuccessful.
Art. 427 Liability to pay costs of the private claimant and the complainant
1 The private claimant may be ordered to pay procedural costs incurred as a result of his or her applications on civil matters if: a. the proceedings are abandoned or the accused is acquitted; b. the private claimant withdraws the civil claim before the conclusion of the trial before the court of first instance; c. the civil proceedings are dismissed or remitted to the civil courts. 2 In the case of offences prosecuted only on complaint, procedural costs may be imposed on the complainant where he or she has wilfully or through gross negligence brought about the proceedings or has obstructed their conduct, or on the private claimant where: a. the proceedings are abandoned or the accused is acquitted; and b. the accused is not liable to pay costs in terms of Article 426 paragraph 2. 3 If the complainant withdraws the criminal complaint as part of a settlement arranged by the public prosecutor, the Confederation or the canton shall normally bear the procedural costs. 4 An agreement betwee
Art. 428 Allocation of costs in appellate proceedings
1 The costs of the appellate proceedings are borne by the parties according to whether they are successful or not. An appellant is also regarded as unsuccessful if the appeal is dismissed without its substance being considered or if the appeal is withdrawn. 2 Where an appellant secures a more favourable decision, he or she may be ordered to pay costs if: a. the appeal is successful due to circumstances that became apparent for the first time in the appellate proceedings; or b. only minor changes are made to the contested decision. 3 If the appellate authority itself issues a new decision, it shall also review the ruling on costs issued by the lower court. 4 If it quashes a decision and remits the case to the lower for a new decision, the Confederation or the canton shall bear the costs of the appellate proceedings, if the appellate authority so decides, those of the lower court. 5 If an application for a review is approved, the criminal justice authority that must subsequently deal wit
Chapter 3 Compensation and Satisfaction
Section 1 Accused
Art. 429 Rights
1 If the accused is wholly or partly acquitted or if the proceedings against the accused are abandoned, he or she is entitled to: a. compensation in accordance with the table of legal fees for expenditure incurred in the appropriate exercise of his or her procedural rights, whereby the compensation awarded shall correspond to the fee in the table of legal fees for a private defence; b. compensation for the financial losses that he or she incurs due to the required participation in the criminal proceedings; c. satisfaction for particularly serious violations of his or her personal circumstances, in particular due to deprivation of liberty. 2 The criminal justice authority shall examine the claim ex officio. It may require the accused to quantify and substantiate the claim. 3 If the accused has appointed a defence lawyer of his or her choice, the defence lawyer shall have an exclusive right to the compensation under paragraph 1 letter a, subject to any accounts to be settled with the cli
Para. 1 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. 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. 430 Reduction or refusal of compensation or satisfaction
1 The criminal justice authority may reduce the compensation or satisfaction or refuse to pay if: a. the accused has unlawfully and culpably brought about the proceedings or has obstructed their conduct; b. the private claimant is required to pay compensation to the accused; or c. the accused's expenditure is negligible. 2 In the appellate proceedings, compensation and satisfaction may be further reduced if the requirements of Article 428 paragraph 2 are fulfilled.
Art. 431 Compensation and satisfaction for unlawfully applied compulsory measures and detention for an excessive period
1 If compulsory measures have been applied to the accused unlawfully, the criminal justice authority shall award the accused appropriate compensation and satisfaction. 2 There is a right to compensation and satisfaction in relation to remand and preventive detention if the permitted period of detention is exceeded and the excessive deprivation of liberty cannot be not accounted for in sanctions imposed in respect of other offences. 3 The right under paragraph 2 ceases to apply if the accused: a. is sentenced to a monetary penalty, community service or a fine and the equivalent alternative custodial sentence would not be substantially shorter than the time spent on remand or in preventive detention; b. receives a suspended custodial sentence the length of which exceeds the time spent on remand or in preventive detention.
Art. 431 — Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 432 Rights in relation to the private claimant and the complainant
1 The accused, if acquitted, is entitled to appropriate compensation from the private claimant in respect of expenditure incurred in relation to the civil claim. 2 If the accused is acquitted of an offence prosecuted only on complaint, the complainant may be required to compensate the accused for expenditure incurred in the proper exercise of his or her procedural rights, provided the complainant has brought about the proceedings wilfully or through gross negligence or has obstructed their conduct.
Section 2 Private Claimant and Third Parties
Art. 433 Private claimant
1 The private claimant is entitled to appropriate compensation from the accused for costs incurred in the proceedings if: a. the claim is successful; or b. the accused is liable to pay costs in terms of Article 426 paragraph 2. 2 The private claimant must submit his or her compensation claim to the criminal justice authority, and quantify and substantiate the same. If he or she fails to fulfil this obligation, the criminal justice authority shall not consider the claim
Art. 434 Third parties
1 Third parties have the right to appropriate compensation for losses that are not otherwise covered and to satisfaction if they have incurred losses as a result of procedural acts or in providing support to the criminal justice authorities. Article 433 paragraph 2 applies mutatis mutandis. 2 A decision shall be made on the claims in the final judgment. In clear cases, the public prosecutor may issue a decision in the preliminary proceedings.
Section 3 Special Provisions
Art. 435 Time limits
Claims for compensation and satisfaction against the Confederation or the canton must be filed within 10 years of the date on which the decision becomes legally binding.
Art. 436 Compensation and satisfaction in appellate proceedings
1 Claims for compensation and satisfaction in appellate proceedings are governed by Articles 429–434. 2 Where the accused is neither fully nor partly acquitted and the proceedings are not abandoned but the accused is successful on other points, he or she is entitled to appropriate compensation for his or her expenditure. 3 If the appellate authority quashes a decision in accordance with Article 409, the parties are entitled to appropriate compensation for their expenditure in the appellate proceedings and that part of the proceedings before the court of first instance that related to the quashed decision. 4 An accused who is acquitted or receives a reduced sentence following a review of the case is entitled to appropriate compensation for his or her expenditure in the review proceedings. He or she is also entitled to satisfaction and compensation for time spent in custody, provided this deprivation of liberty cannot be not accounted for in sanctions imposed in respect of other offences