Criminal Procedure Code (CrimPC)
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Chapter 1 Implementing Provisions
Art. 445
The Federal Council and, insofar as they are responsible, the cantons shall issue the provisions required to implement this Code.
Chapter 2 Amendment of Legislation
Art. 446 Repeal and amendment of current legislation
1 The repeal and the amendment of current legislation are regulated in Annex 1. 2 The Federal Assembly may amend by ordinance provisions of federal acts that are contradictory to this Code but which have not been formally amended herein.
Art. 447 Coordination provisions
The coordination of provisions of other enactments with this Code is regulated in Annex 2.
Chapter 3 Transitional Provisions
Section 1 General Procedural Provisions
Art. 448 Applicable law
1 Proceedings that are pending when this Code comes into force shall be continued in accordance with the new law unless the following provisions provide otherwise. 2 Procedural acts that were ordered or carried out before this Code came into force shall remain valid.
Art. 449 Jurisdiction
1 Proceedings that are pending when this Code comes into force shall be continued by the competent authorities under the new law unless the following provisions provide otherwise. 2 Conflicts on jurisdiction between authorities of the same canton shall be decided by the court for Article 393 appeals of the canton concerned and conflicts between the authorities of different cantons or between cantonal and federal authorities shall be decided by the Federal Criminal Court.
Section 2 Main Proceedings of First Instance and S
Art. 450 Main proceedings of first instance
If the trial has already begun when this Code comes into force, it shall be continued in accordance with the previous law in the previously competent court of first instance.
Art. 451 Separate subsequent court decisions
After this Code comes into force, separate subsequent court decisions shall be made by the criminal justice authority that would have been responsible for the first instance judgment under this Code.
Art. 452 Proceedings in absentia
1 Applications for re-assessment following a judgment in absentia that are pending when this Code comes into force shall be considered in accordance with the previous law. 2 Applications for re-assessment following a judgment in absentia under the previous law that are made after this Code comes into force shall be considered in accordance with the law that is more favourable to the applicant. 3 The new law applies to the re-assessment. The court that would have been responsible for the judgment in absentia in accordance with this Code has jurisdiction.
Section 3 Appellate Proceedings
Art. 453 Decisions made before this Code comes into force
1 If a decision was made before this Code comes into force, an appellate remedy against it shall be judged in accordance with the previous law by the authorities competent under the previous law. 2 If proceedings are remitted by the appellate authority or the Federal Supreme Court for re-assessment, the new law applies. The re-assessment shall be carried out by the authority that would have been responsible for the quashed decision in accordance with this Code.
Art. 454 Decision made after this Code comes into force
1 Appellate remedies against first instance decisions that are made after this Code comes into force are governed by the new law. 2 Appellate remedies against first instance decisions of higher courts that are made in accordance with the previous law after this Code comes into force are governed by the previous law.
Section 4 Rejections of Summary Penalty Orders; Pr
Art. 455 Rejections of summary penalty orders
Rejections of summary penalty orders are governed by Article 453 mutatis mutandis.
Art. 456 Private prosecutions
Private prosecutions under the previous cantonal law that are pending before a court of first instance when this Code comes into force shall be continued to the conclusion of first instance proceedings in accordance with the previous law by the court that was competent under the previous law.
Section 5 Transitional Provision to the Amendment
Inserted by No I 2 of the FA of 28 Sept. 2012 (Transcription Regulations), in force since 1 May 2013 (AS 2013 851; BBl 2012 5707 5719).
Art. 456a
In proceedings that are pending when the Amendment of 28 September 2012 to this Code comes into force, the new law applies to examination hearings from the date on which the Amendment comes into force.
Chapter 4 Referendum and Commencement
Art. 457
1 This Code is subject to an optional referendum. 2 The Federal Council shall determine the commencement date. Commencement date: 1 January 2011
Para. 2 — FCD of 31 March 2010.