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 Legal Effect
Art. 437 Entry into force
1 Judgments and other decisions concluding proceedings against which an appellate remedy may be requested under this Code become legally binding when: a. the period for requested appellate remedy has expired and no request has been made; b. the entitled person declares that he or she is waiving his or her right to an appellate remedy or withdrawing an appellate remedy already requested; c. the appellate authority decides not to consider the substance of the appellate remedy or to reject it. 2 The decision becomes legally binding with retrospective effect from the day on which the decision was issued. 3 Decisions that are not subject to the right to an appellate remedy under this Code become legally binding on being issued.
Art. 438 Notification of legal effect
1 The criminal justice authority that has issued a decision shall note the date on which it becomes legally binding in the files or in the judgment. 2 If the parties have been notified that an appellate remedy has been requested, they shall also be notified of the date on which the judgment becomes legally binding. 3 If there is a dispute over whether or when a decision has become legally binding, the authority that has issued the decision shall rule on the matter. 4 An Article 393 appeal may be filed against the ruling on the legally binding effect of the decision.
Chapter 2 Enforcement of Decisions in Criminal Pro
Art. 439 Execution of sentences and measures
1 The Confederation and the cantons shall determine the authorities responsible for the execution of sentences and measures as well as the relevant procedure; special regulations in this Code and in the SCC are reserved. 2 The executive authority shall issue an execution order. 3 Legally-binding custodial sentences and custodial measures must be executed immediately: a. if there is a risk of absconding; b. if there is a serious risk to the public; or c. if there is no guarantee that the purpose of the measure will otherwise be fulfilled. 4 In order to implement the execution order, the executive authority may arrest the person convicted, issue a warrant for his or her arrest or request his or her extradition.
Para. 1 — SR 311.0
Art. 440 Preventive detention
1 The executive authority may place the person convicted in preventive detention to ensure that the sentence or the measure is executed, provided any one of the requirements in Article 439 paragraph 3 is met. 2 It shall submit the case within 5 days of the person's detention: a. to the court that imposed the sentence or measure that is to be executed; b. in the case of summary penalty orders, to the compulsory measures court at the place where the public prosecutor issued the summary penalty order. 3 The court shall decide on whether the person convicted remains in detention until the commencement of the sentence or measure. 4 The court that ordered preventive detention has jurisdiction over applications for release from detention.
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). 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 — Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 441 Time limit for enforcement
1 Sentences that are time-barred may not be enforced. 2 The executive authority shall verify ex officio whether the sentence is time barred. 3 The person convicted may contest the planned execution of a time-barred sentence or measure before the court for Article 393 appeals of the canton of execution. This authority shall also decide on whether the Article 393 appeal has suspensive effect. 4 If the person convicted is made to serve a time-barred custodial sanction, he or she shall be entitled to compensation and satisfaction in analogous application of Article 431.
Art. 442 Enforcement of decisions onprocedural costs and other financial payments
1 Procedural costs, monetary penalties, fines and other financial payments to be made in connection with criminal proceedings shall be collected in accordance with the provisions of the DEBA. 2 Claims in respect of procedural costs must be filed within 10 years of the date on which the decision on costs becomes legally binding. Default interest amounts to 5 per cent. 3 The Confederation and the cantons shall determine the authorities that collect financial payments. 4 The criminal justice authorities may set off their claims in respect of procedural costs against the claims to compensation of the party liable to pay arising from the same criminal proceedings and against seized assets.
Para. 1 — SR 281.1
Art. 443 Enforcement of criminal judgments on civil matters
Insofar as the judgment relates to civil claims, it shall be enforced in accordance with the civil procedure law applicable at the place of execution and the DEBA.
SR 281.1
Art. 444 Official notices
The Confederation and the cantons shall determine the authorities that must issue official notices.