Swiss Code of Criminal Procedure (SCCP) - Scope of Application (STPO)

This code governs the prosecution and adjudication, by the federal and cantonal criminal authorities, of offenses defined by federal law.

The procedural provisions set forth in other federal laws are reserved.

Criminal justice is administered solely by the authorities designated by law.

Criminal proceedings can only be conducted and concluded in the forms prescribed by law.

The criminal authorities shall respect the dignity of persons involved in the proceedings, at all stages thereof.

In particular, they shall adhere to: a. the principle of good faith; b. the prohibition of abuse of rights; c. the maxim that a fair treatment and the right to be heard are guaranteed to all persons affected by the proceedings; d. the prohibition of investigative methods that violate human dignity.

The criminal authorities are independent in the application of the law and are subject only to the rules of law. The authority to give instructions (Art. 14) provided for by law with respect to prosecution authorities is reserved.

The criminal authorities initiate criminal proceedings without delay and carry them out without unjustified delay.

When a suspect is placed in detention, the procedure must be conducted as a priority.

The criminal authorities shall ex officio investigate all facts pertinent to the qualification of the act and the judgment of the accused.

They shall investigate with equal care the circumstances that may be incriminating and exonerating for the accused.

The criminal authorities are obliged, within the limits of their jurisdiction, to initiate and conduct proceedings when they become aware of offenses or indications suggesting the existence of offenses.

The cantons may provide that: a. the criminal liability of the members of their legislative and judicial authorities, as well as their government, for statements made before the Cantonal Parliament, is excluded or limited; b. the initiation of criminal proceedings against members of their executive or judicial authorities, for crimes or misdemeanors committed in the exercise of their functions, is subject to the authorization of a non-judicial authority.

The public prosecutor's office and the courts waive any criminal prosecution when provided for by federal law, particularly when the conditions set out in Articles 52, 53, and 54 of the Criminal Code (CC) are met.

They also waive initiating a criminal prosecution if no overriding interest of the complaining party opposes it and: a. the offense is not likely to significantly affect the determination of the penalty or the measure incurred by the defendant due to other charges against them; b. the penalty that would need to be imposed in addition to an already enforceable sentence would likely be insignificant; c. for the prosecuted offense, an equivalent sentence imposed abroad should be credited.

The public prosecutor's office and the courts may waive initiating criminal prosecution if no overriding interest of the complaining party opposes it and the offense is already being prosecuted by a foreign authority or the prosecution is delegated to such an authority.

In these cases, they issue an order of non-prosecution or dismissal.

An offense can only be adjudicated if the public prosecutor has filed an indictment with the competent court against a specific person based on precisely described facts.

Excluded are the procedure for penal orders and the criminal procedure for contraventions.

Every person is presumed innocent until convicted by a legally binding judgment.

The court freely evaluates the evidence gathered based on its firm conviction formed throughout the entire proceedings.

When insurmountable doubts remain regarding the factual elements justifying a conviction, the court bases its decision on the facts most favorable to the accused.

No person who has been convicted or acquitted in Switzerland by a final judgment may be prosecuted again for the same offense.

The reopening of proceedings closed by a decision of dismissal or non-consideration, and the revision of the proceedings, are reserved.

The following are criminal prosecution authorities: a. the police; b. the public prosecutor's office; c. the competent criminal authorities for contraventions.

The following have judicial functions in the context of criminal proceedings: a. the compulsory measures court; b. the court of first instance; c. the appellate authority; d. the appeal court.

The Confederation and the cantons shall designate their criminal authorities and determine their names.

They shall establish the procedures for electing members of the criminal authorities, as well as the composition, organization, and powers of these authorities, unless these matters are comprehensively regulated by this code or other federal laws.

They may establish a chief prosecutor or an attorney general.

Except for the appeal authority and the appellate jurisdiction, the Confederation and the cantons may establish multiple criminal authorities of the same type; they shall define their competencies in terms of location and subject matter.

They shall regulate the supervision of their criminal authorities.

In matters of criminal prosecution, the activities of the police, whether federal, cantonal, or communal, are governed by the present code.

The police investigate offenses on their own initiative, upon reports from individuals or authorities, as well as upon mandate from the public prosecutor's office; in this context, they are subject to the oversight and instructions of the public prosecutor's office.

When a criminal case is pending before a court, the court may give instructions and mandates to the police.

The public prosecutor's office is responsible for the uniform exercise of public prosecution.

It is tasked with conducting the preliminary proceedings, prosecuting offenses during the investigation, and, if necessary, drafting the indictment and supporting the prosecution.

The Confederation and the cantons may delegate the prosecution and adjudication of minor offenses to administrative authorities.

Minor offenses committed in connection with crimes or misdemeanors are prosecuted and adjudicated simultaneously with these by the public prosecutor's office and the courts.

The court of compulsory measures orders pre-trial detention and detention for security reasons, and, if provided for by this code, orders or authorizes other compulsory measures.

The members of the court of compulsory measures may not rule on the merits in the same case.

The court of first instance adjudicates in the first instance on all offenses that do not fall under the jurisdiction of other authorities.

The Confederation and the cantons may provide for a single judge to adjudicate in the first instance on: a. contraventions; b. crimes and misdemeanors, except those for which the public prosecutor requests a custodial sentence of more than two years, detention as per Art. 64 of the Criminal Code, treatment as per Art. 59 of the Criminal Code, or a deprivation of liberty of more than two years upon the revocation of a suspended sentence.

The appellate authority rules on appeals against procedural acts and decisions not subject to appeal rendered by: a. the courts of first instance; b. the police, public prosecutor's office, and competent criminal authorities for contraventions; c. the compulsory measures court in cases provided for by this code.

The Confederation and the cantons may assign the functions of the appellate authority to the appellate court.

The court of appeal shall rule on: a. appeals lodged against judgments rendered by the first-instance courts; b. requests for revision.

Members of the appellate authority may not adjudicate in the same case as members of the court of appeal.

Members of the court of appeal may not adjudicate in revision in the same case.

Cantonal criminal authorities are competent for the prosecution and judgment of offenses provided for by federal law, subject to the exceptions provided by law.

The following offenses under the Criminal Code are subject to federal jurisdiction: a. offenses under Titles 1 and 4 as well as Articles 140, 156, 189, and 190, in so far as they have been committed against persons enjoying special protection under international law, against magistrates of the Confederation, against members of the Federal Assembly, against the Attorney General of the Confederation, or against the Deputy Attorneys General of the Confederation; b. offenses under Articles 137 to 141, 144, 160, and Article 172 ter, in so far as they concern the premises, archives, and documents of diplomatic missions and consular posts; c. hostage-taking (Article 185) intended to coerce federal or foreign authorities; d. crimes and misdemeanors under Articles 224 to 226 ter; e. crimes and misdemeanors under Title 10 concerning currencies, paper money, or banknotes, as well as official stamps of value or other official marks of the Confederation and weights and measures, excluding the sticker permitting access to national highways of the first or second class; f. crimes and misdemeanors under Title 11, in so far as they concern federal securities, with the exception of transport tickets and postal payment proofs; g. offenses under Titles 12 bis and 12 ter and Article 264 k; h. offenses under Article 260 bis as well as Titles 13 to 15 and Title 17, in so far as they have been committed against the Confederation, federal authorities, against the popular will in elections, votes, referendum requests, or federal initiatives, or against federal authority or justice; i. crimes and misdemeanors under Title 16; j. offenses under Titles 18 and 19 committed by a member of the federal authorities or by an employee of the Confederation, or offenses committed against the Confederation; k. contraventions under Articles 329 and 331; l. political crimes and misdemeanors that are the cause or consequence of disturbances having caused a federal armed intervention.

The provisions of special federal laws concerning the jurisdiction of the Federal Criminal Court are reserved.

Offenses as referred to in Articles 260ter, 260quinquies, 260sexies, 305bis, 305ter, and 322ter to 322septies of the Criminal Code, as well as crimes committed by a criminal or terrorist organization within the meaning of Article 260ter of the Criminal Code, are also subject to federal jurisdiction when the punishable acts have been committed: a. predominantly abroad; b. in several cantons without a clear predominance in any one of them.

In the case of crimes referred to in Titles 2 and 11 of the Criminal Code, the Office of the Attorney General of Switzerland may initiate proceedings under the following conditions: a. the commission of the crime meets the criteria set out in paragraph 1, letters a or b; b. no cantonal prosecuting authority is seized of the case, or the competent cantonal prosecuting authority has requested the takeover of proceedings by the Office of the Attorney General of Switzerland.

The initiation of proceedings under paragraph 2 establishes federal jurisdiction.

The Office of the Attorney General of Switzerland may delegate to the cantonal authorities the investigation and adjudication, or in exceptional cases only the adjudication, of criminal cases under federal jurisdiction pursuant to Art. 23, with the exception of the criminal cases referred to in Art. 23, para. 1, let. g.

In simple cases, the Office of the Attorney General of Switzerland may also delegate to the cantonal authorities the investigation and adjudication of criminal cases under federal jurisdiction pursuant to Art. 24.

When an offense has been committed in several cantons or abroad, or when the perpetrator, co-perpetrators, or participants have their domicile or habitual residence in different cantons, the Office of the Attorney General of the Confederation designates the canton responsible for investigating and adjudicating the offense.

If a criminal case falls under both federal and cantonal jurisdiction, the Office of the Attorney General of the Confederation may order the consolidation of the proceedings either before federal authorities or cantonal authorities.

The jurisdiction established according to para. 2 remains valid even if the part of the procedure on which this jurisdiction was based is dismissed.

When the delegation of the investigation and adjudication of a criminal case as defined in this chapter is contemplated, the public prosecutor's offices of the Confederation and the cantons exchange the file to examine it; once the delegation has been decided, they forward the file to the authority responsible for investigating and adjudicating the offense.

In situations of urgency and provided that the federal prosecution authorities have not yet intervened, cantonal authorities may conduct police investigations and preliminary proceedings in cases falling under federal jurisdiction, provided that they have territorial jurisdiction under the rules governing venue. They must immediately inform the Federal Public Prosecutor's Office of the case, which must be referred or submitted for a decision under Art. 25 or 26, as soon as possible.

In cases involving offenses committed, in whole or in part, in several cantons or abroad, and where the jurisdiction of the Confederation or a canton has not yet been determined, federal prosecution authorities may conduct the preliminary investigations.

The Federal Criminal Court resolves jurisdictional conflicts between the Office of the Attorney General of Switzerland and the cantonal criminal authorities.

Offenses are prosecuted and judged jointly in the following cases: a. a defendant has committed multiple offenses; b. there are multiple co-perpetrators or participants.

When offenses fall partly under the jurisdiction of the Confederation or have been committed in different cantons and by multiple persons, Arts. 25 and 33 to 38 take precedence.

If objective reasons justify it, the public prosecutor's office and the courts may order the joinder or separation of criminal proceedings.

The authority of the place where the act was committed is competent for the prosecution and judgment of the offense. If only the place where the result occurred is located in Switzerland, the competent authority is the one of that place.

If the offense was committed or if its result occurred in different locations, the competent authority is the one of the place where the first prosecutorial acts were undertaken.

If an accused has committed several crimes, misdemeanors, or infractions in the same location, the procedures are joined.

If the offense was committed abroad or it is not possible to determine the place where it was committed, the authority of the place where the accused has their domicile or habitual residence is competent for prosecution and adjudication.

If the accused has neither a domicile nor habitual residence in Switzerland, the competent authority is that of their place of origin; if they have no place of origin, the competent authority is that of the place where they were apprehended.

If the jurisdiction cannot be determined according to para. 1 and 2, the competent authority is that of the canton that requested the extradition.

The participants in an offense are prosecuted and judged by the authority that prosecutes and judges the perpetrator.

If the offense has been committed by multiple co-perpetrators, the competent authority is that of the place where the initial acts of prosecution have been undertaken.

When the accused has committed multiple offenses in different locations, the authority in the location where the offense subject to the most severe penalty was committed is competent to prosecute and adjudicate all the offenses. If several offenses are punishable by the same penalty, the competent authority is that of the location where the first prosecution actions were undertaken.

If at the time of the procedure to determine jurisdiction according to Arts. 39 to 42, an indictment for one of the concerned offenses has already been filed in a canton, the proceedings are conducted separately.

When a person has been sentenced by several courts to several penalties of the same nature, the court that pronounced the most severe penalty shall, at the request of the convicted person, set a cumulative penalty.

The authority of the location where the media company has its registered office is competent to prosecute offenses within the meaning of Art. 28 of the Swiss Criminal Code committed in Switzerland.

If the perpetrator is known and domiciled or habitually resides in Switzerland, the authority of the location where he has his domicile or habitual residence is also competent. In this case, the offense is prosecuted at the location where the first prosecutorial actions were undertaken. In the case of an offense prosecuted upon complaint, the complainant may choose between the two jurisdictions.

If the jurisdiction cannot be determined in accordance with paragraphs 1 and 2, the competent authority is that of the location where the product was distributed. If the distribution took place in multiple locations, the competent authority is that of the location where the first prosecutorial actions were undertaken.

The authority at the location where the debtor has his domicile or habitual residence or the location where the debtor has his registered seat is competent to prosecute the offenses referred to in Arts. 163 to 171 of the Criminal Code.

The authority at the location where the company has its registered seat is competent to prosecute offenses committed within a company as per Art. 102 of the Criminal Code. It is also competent when the same procedure for the same set of facts is also directed against a person acting on behalf of the company.

When the jurisdiction cannot be established according to paragraphs 1 and 2, it is determined according to Arts. 31 to 35.

Confiscations independent of criminal proceedings (Art. 376 to 378) shall be executed at the place where the objects or assets to be confiscated are located.

When objects or assets to be confiscated are located in several cantons and are related to the same offense or the same offenders, the competent authority is that of the place where the first confiscation procedure was initiated.

The public prosecutors may agree on a venue other than that provided for in Articles 31 to 37, when the predominant part of the criminal activity, the personal situation of the accused, or other relevant reasons require it.

In order to guarantee the procedural rights of a party and after the indictment has been filed, the appellate authority of the canton may, at the request of this party or ex officio, assign the trial to another competent first-instance court of the canton, in derogation of the provisions of this chapter regarding venues.

The criminal authorities shall examine ex officio whether they have jurisdiction and, if necessary, forward the case to the competent authority.

When several authorities appear to have jurisdiction based on location, the involved public prosecutor’s offices shall promptly exchange the essential elements of the case and reach an agreement on the venue as quickly as possible.

Conflicts of jurisdiction between prosecuting authorities within the same canton are resolved by the chief prosecutor or the attorney general, or, if they have not been appointed, by the appellate authority of that canton.

When the prosecuting authorities of different cantons cannot agree on jurisdiction, the public prosecutor of the canton first seized with the case shall submit the matter without delay, and in any event before indictment, to the Federal Criminal Court, which shall decide.

The authority competent to determine jurisdiction may agree to a different jurisdiction than that provided for in Articles 31 to 37 when the preponderant part of the criminal activity, the personal situation of the accused, or other relevant reasons so require.

When a party intends to contest the authority's jurisdiction in charge of the criminal procedure, it must immediately request the latter to transfer the case to the competent criminal authority.

The parties may appeal, within ten days and in accordance with Art. 40, before the competent authority, the jurisdiction assignment decided by the involved public prosecutors (Art. 39, para. 2). When the public prosecutors have agreed on a different jurisdiction (Art. 38, para. 1), only the party whose request pursuant to para. 1 has been rejected may appeal the decision.

The penal authority that was the first to be seized of the case, until the forum has been definitively established, takes the measures that cannot be delayed. If necessary, the authority competent in matters of forum designates the authority that will be provisionally in charge of the case.

Arrested persons are only transferred to authorities of other cantons once competence has been definitively established.

The forum established according to Arts. 38 to 41 may only be modified for new justifiable reasons and before the filing of charges.

The provisions of this chapter apply to mutual legal assistance in criminal matters granted between the authorities of the Confederation and the cantons, in favor of the public prosecutors, the competent criminal authorities for misdemeanors, and the courts of the Confederation and the cantons.

They also apply to the police insofar as its activities are subject to the instructions of the public prosecutors, the competent criminal authorities for misdemeanors, and the courts.

Direct mutual legal assistance in criminal matters between the police authorities of the Confederation and the cantons, as well as between the police authorities of different cantons, is possible provided it does not concern coercive measures whose issuance is reserved for the public prosecutor or the court.

Mutual legal assistance means any measure required by an authority by virtue of the competence it exercises within the framework of a pending criminal proceeding.

Federal and cantonal authorities are obliged to provide mutual legal assistance in the prosecution and adjudication of offenses stipulated by federal law, in accordance with the present code.

As far as possible, the cantons provide the necessary premises to the federal and other cantonal criminal authorities for the exercise of their official activities and for the incarceration of persons in pre-trial detention.

The cantons take the necessary measures to ensure the security of the official activities of the federal criminal authorities, at the latter's request.

The authorities communicate directly with each other.

Requests for mutual legal assistance may be drafted in the language of the requesting authority or in that of the requested authority.

If the requesting authority is unaware of the competent authority, it addresses the request for mutual legal assistance to the highest office of the public prosecutor's office of the requested canton or the Confederation. The latter forwards it to the competent authority.

Judicial assistance is free of charge.

The Confederation reimburses the cantons for the costs incurred by the support provided under Art. 45.

The costs incurred are reported to the requesting canton or the Confederation so that they can be charged to the parties sentenced to pay the costs.

The requesting canton or the Confederation pays the entitled persons the compensation due for the measures of judicial assistance.

Conflicts concerning mutual legal assistance between authorities of the same canton are definitively resolved by the appellate authority of that canton.

Conflicts between the authorities of the Confederation and the cantons, as well as between authorities of different cantons, are resolved by the Federal Criminal Court.

The public prosecutors and the courts of the Confederation and the cantons may request the execution of procedural acts from the criminal authorities of other cantons or the Confederation. The requested authority shall not examine the admissibility or proportionality of the requested procedural acts.

The authorities of the requesting canton or the Confederation are competent to handle appeals against mutual legal assistance measures. Only the execution of the mutual legal assistance measure can be contested before the authorities of the requested canton or of the Confederation.

Arrests requested by the requesting authority are subject to a written warrant of arrest (Art. 208).

Whenever possible, the requested authority brings the arrested persons before the competent authority within 24 hours.

Requests related to other coercive measures are briefly justified. In urgent cases, the justification may be provided subsequently.

The parties, their legal counsel, and the requesting authority may participate in the procedural acts required, provided that the present code allows for it.

If participation is possible, the requested authority informs the requesting authority, the parties, and their legal counsel of the time and place of the execution of the procedural act.

The public prosecutors, competent criminal authorities for contraventions, and the courts of the cantons and the Confederation are authorized to order and carry out procedural acts directly in another canton under the scope of this code.

The public prosecutor's office of the canton where the procedural act is to be carried out must be informed in advance. In urgent cases, it may be informed subsequently. No information is necessary for requests for information and production of documents.

The costs incurred by the procedural acts and the resulting fees are borne by the executing canton or by the Confederation, which can allocate them to the parties in accordance with Articles 426 and 427.

If the requesting authority requires police assistance to carry out a procedural act, it shall submit a request to the public prosecutor's office of the requested canton; the latter issues the necessary mandates to the police of the location.

This Code regulates the granting of international legal assistance and the procedure for providing such assistance only insofar as other federal laws or international agreements do not contain provisions on the matter.

When a canton receives a request for international mutual legal assistance, the public prosecutor of the relevant canton is competent.

Courts may make requests for mutual legal assistance during proceedings.

The responsibilities of the authorities regarding the execution of sentences and measures are reserved.

When federal law assigns tasks of mutual legal assistance to a judicial authority, the appellate authority is competent.

The provisions on national mutual legal assistance apply to cases in which the canton responsible for executing a foreign mutual legal assistance request conducts procedural acts in other cantons.

The cantons regulate the procedural arrangements.

When a Swiss prosecuting authority makes a request for mutual legal assistance for a compulsory measure to be executed abroad and the requested state requires a court decision, the compulsory measures court has jurisdiction to approve the measure.

Any person exercising a function within a criminal authority is required to recuse themselves: a. when they have a personal interest in the matter; b. when they have acted in another capacity in the same case, particularly as a member of an authority, legal counsel for a party, expert, or witness; c. when they are married, living in a registered partnership, or in a de facto domestic relationship with a party, their legal counsel, or a person who has acted in the same case as a member of the lower authority; d. when they are related or allied with a party, either in a direct line or up to the third degree in a collateral line; e. when they are related or allied in a direct line or up to the second degree in a collateral line with the legal counsel of a party or a person who has acted in the same case as a member of the lower authority; f. when other reasons, particularly a close friendship or enmity with a party or their legal counsel, are likely to make them suspect of bias.

When a person holding a position within a criminal authority has a reason to recuse themselves, they must declare this in a timely manner to the procedural authority.

When a party intends to request the recusal of a person serving within a criminal authority, they must submit a request to the procedural management without delay, as soon as they become aware of the grounds for recusal; the facts upon which they base their request must be made plausible.

The person concerned shall state their position on the request.

When a ground for disqualification as per Art. 56, let. a or f, is invoked, or when a person holding a position within a penal authority opposes a recusal request from a party based on any of the grounds listed in Art. 56, let. b to e, the dispute is resolved without further administration of evidence: a. by the public prosecutor's office, when the police are involved; b. by the appeals authority, when the public prosecutor’s office, the competent criminal authorities for contraventions, and the courts of first instance are concerned; c. by the appellate court, when the appeals authority and members of the appellate court are involved; d. by the Federal Criminal Court when the entire appellate court of a canton is concerned.

The decision is rendered in writing and must be substantiated.

Until the decision is made, the person concerned continues to perform their duties.

If the request is granted, the costs of the procedure are borne by the Confederation or the canton. If it is rejected or deemed clearly late or frivolous, the costs are borne by the applicant.

Procedural acts in which a person who was obliged to recuse themselves participated are annulled and repeated if a party requests this no later than five days after they became aware of the recusal decision.

Non-repeatable evidentiary measures may be considered by the criminal authority.

If a ground for recusal is discovered only after the conclusion of the proceedings, the provisions on revision apply.

The authority in charge of directing the proceedings (direction of the proceedings) is: a. the public prosecutor, until the decision to dismiss the case or to file charges; b. the competent criminal authority in matters of contraventions, in the case of proceedings for the prosecution of contraventions; c. the president of the court, in the case of proceedings before a collegiate court; d. the judge, in the case of proceedings before a single judge.

The conduct of proceedings mandates the necessary measures for the proper conduct and legality of the procedure.

In the context of proceedings before a collegiate court, the conduct of proceedings exercises all powers not reserved for the court itself.

The conduct of proceedings ensures the security, serenity, and proper order of the hearings.

It may issue a warning to individuals who disrupt the proceedings or violate the rules of decorum. In case of a repeat offense, it may revoke their right to speak, expel them from the courtroom, and, if necessary, hand them over to the police until the end of the hearing. It may order the evacuation of the courtroom.

It may request the assistance of the competent police at the location where the procedural act is carried out.

If a party is excluded from the hearing, the proceedings shall nonetheless continue.

The authority directing the procedure may impose a disciplinary fine of up to 1,000 francs on persons who disrupt the proceedings, violate the rules of decorum, or fail to comply with its orders.

Disciplinary fines imposed by the public prosecutor's office and the first-instance courts can be appealed to the appellate authority within ten days. The appellate authority shall make a final decision.

Orders issued by the courts may be contested only with the final decision.

Orders issued prior to the proceedings by the president of a collegiate court may be modified or annulled ex officio or upon request by the court.

Proceedings before the criminal authorities shall be oral, unless this Code provides otherwise in written form.

The Confederation and the cantons determine the languages in which their criminal authorities conduct proceedings.

Cantonal criminal authorities perform all procedural acts in these languages; the direction of the proceedings may authorize exceptions.

The procedural authority shall appoint a translator or interpreter when a person involved in the proceedings does not understand the language of the proceedings or cannot express themselves sufficiently well in that language. However, in simple or urgent cases, such a measure may be waived provided that the person concerned consents and that the procedural authority and the record officer have sufficient command of the person's language.

The essential content of the most important procedural acts is communicated to the accused orally or in writing in a language they understand, even if they are assisted by counsel. No one can claim a right to the full translation of all procedural acts and documents in the case file.

Documents not produced by the parties shall, if necessary, be translated in writing or orally; in the latter case, they shall be recorded in the minutes.

The questioning of a victim of an offense against sexual integrity must be translated by a person of the same sex as the victim if the victim so requests and the proceedings are not unduly delayed as a result.

The provisions relating to experts (Arts. 73, 105, and 182 to 191) apply by analogy to translators and interpreters.

The hearings before the court of first instance and the appellate court, as well as the oral notification of judgments and decisions of these courts, are public, with the exception of deliberations.

In cases where the parties have waived a public pronouncement or a penal order has been issued, interested parties may consult the judgments and penal orders.

The following are not public: a. the preliminary procedure, with communications from the criminal authorities to the public being reserved; b. the procedure before the court of coercive measures; c. the procedure before the appellate authority and, insofar as it is conducted in writing, before the appellate court; d. the procedure of the penal order.

Public hearings are accessible to everyone; however, persons under sixteen years of age must have the authorization of the procedure's management to attend.

The court may partially restrict the publicity of the hearing or order a closed session: a. if public security and order, or the interests worthy of protection of a person involved in the procedure, particularly those of the victim, require it; b. in cases of high attendance.

In the event of a closed session, the accused, the victim, and the complaining party may be accompanied by a maximum of three trusted individuals.

Under certain conditions, the court may allow court reporters and other individuals demonstrating a legitimate interest to attend sessions held in closed session as per paragraph 1.

When a closed session has been ordered, the court shall deliver the judgment in a public hearing or, if necessary, inform the public of the outcome of the procedure in another suitable form.

Audio and video recordings within the courthouse, as well as recordings of procedural acts outside the building, are not permitted.

Persons who violate para. 1 are liable to an order fine pursuant to Art. 64, para. 1. Unauthorized recordings may be confiscated.

The Confederation and the cantons may establish rules regarding the admission of court reporters, as well as their rights and duties.

Members of the criminal authorities, their collaborators, as well as their court-appointed experts shall remain silent about facts that become known to them in the exercise of their official duties.

The procedural management may require the complainant, other participants in the procedure, and their legal counsel, subject to the penalty provided in Art. 292 SCC, to remain silent about the procedure and the persons involved, when the purpose of the procedure or a private interest so requires. This obligation must be limited in time.

The prosecution and the courts, as well as the police with their consent, may inform the public about a pending procedure when: a. the collaboration of the public is necessary for the elucidation of offenses or the search for suspects; b. the public needs to be warned or reassured; c. inaccurate information or rumors need to be corrected; d. the particular significance of a case requires it.

The police may, on their own initiative, inform the public about accidents and offenses, without naming the individuals involved.

Public information respects the principle of the presumption of innocence of the accused as well as the personality rights of the persons concerned.

In cases involving victims, the authorities and individuals are only authorized to disclose the identity of the victim or information allowing their identification outside a public court hearing under one of the following conditions: a. the collaboration of the public is necessary for the elucidation of crimes or the search for suspects; b. the victim or, if deceased, their close relatives consent.

If the accused is serving a sentence or a measure, the criminal authorities shall inform the competent enforcement authorities of any new criminal proceedings and the decisions rendered.

The criminal authorities shall inform social services and the child and adult protection authorities of initiated criminal proceedings and decisions rendered, when the protection of the accused, the victim, or their relatives requires it.

If, during the prosecution of offenses involving minors, the criminal authorities determine that further measures are necessary, they shall immediately notify the child protection authorities.

The procedural management shall inform the Armed Forces Association of ongoing criminal proceedings against military personnel or conscripts if serious signs or indications suggest they might use a firearm in a manner dangerous to themselves or others.

The Confederation and the cantons may require or authorize criminal authorities to make other communications to authorities.

The statements of the parties and the decisions of the authorities, as well as all procedural acts not performed in written form, are recorded in the minutes.

The clerk responsible for the minutes, the procedural director, and, when applicable, the translator or interpreter, certify the accuracy of the minutes.

The procedural director is responsible for the complete and accurate recording of all procedural acts in the minutes.

The director may order that procedural acts be fully or partially recorded on audio or visual media, in addition to being documented in writing. The persons present are informed of this in advance.

The minutes of procedure document all essential procedural acts and specifically indicate: a. the nature of the procedural act, the location, date, and time; b. the names of the authorities' members participating in the procedural acts, the parties, their legal counsel, and other persons present; c. the conclusions of the parties; d. the fact that the individuals heard were informed of their rights and duties; e. the testimonies of the individuals heard; f. the course of the procedure, the orders issued by the criminal authorities, and the compliance with the prescribed formalities provided for this purpose; g. the documents and other means of proof submitted by the participants in the procedure or collected in another way during the criminal proceedings; h. the decisions and their reasoning, provided that a copy of these is not filed separately in the record.

The statements of the parties, witnesses, persons called upon to provide information, and experts are recorded in the minutes immediately.

The minutes are drafted in the language of the procedure; however, as far as possible, essential statements are recorded in the language used by the person being heard.

The decisive questions and answers are recorded verbatim in the minutes.

The procedure's direction may authorize the person being heard to dictate their statement themselves.

At the conclusion of the hearing, the minutes are read or handed over for reading to the person being heard. After reviewing it, the person being heard affixes their signature at the bottom of the minutes and initials each page. If they refuse to read in full or sign the minutes, the refusal and the reasons given are recorded in the minutes.

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If the criminal authority has conducted a hearing via videoconference, the oral declaration of the person being heard, stating that they have taken note of the minutes, is equivalent to signing and initialing it. The declaration is recorded in the minutes.

If the readability of a handwritten minutes proves insufficient or if the statements have been recorded in shorthand, the text is fair-copied without delay. The notes must be retained until the procedure is closed.

If a hearing is recorded by technical means, the following exceptions apply in deviation from the general rules (Art. 78): a. the minutes may be drawn up at the end of the hearing, based on the recording; the drafting deadline should not exceed seven days in principle; b. the authority conducting the hearing may waive reading the minutes to the person heard or handing them over for reading and having them signed and initialed; c. the recording is immediately added to the file.

The procedural management and the official responsible for the minutes correct obvious errors; they inform the parties thereof.

The procedural management decides on requests for corrections to the minutes.

The official responsible for the minutes and the procedural management authenticate corrections, modifications, deletions, and additions made to the minutes. Content changes are made in such a way that the original text of the minutes remains legible.

Judgments resolving civil or criminal matters on the merits, as well as subsequent independent judicial decisions and independent confiscation orders, take the form of judgments. Other rulings take the form of decisions, when issued by a collegiate authority, or of orders, when issued by a single person. The provisions governing the procedure for the penal order are reserved.

Judgments are rendered in writing and are reasoned. They are signed by the person in charge of the procedure and by the officer responsible for the minutes and are notified to the parties.

Simple instructional decisions and orders do not necessarily need to be drafted separately or be reasoned; they are recorded in the minutes and notified to the parties in an appropriate manner.

Judgments and other decisions closing the procedure shall contain: a. an introduction; b. a statement of reasons; c. a ruling; d. if they are subject to appeal, an indication of the legal remedies.

The introduction shall contain: a. the designation of the criminal authority and the members who participated in the decision; b. the date of the decision; c. sufficient designation of the parties and their legal counsel; d. in the case of a judgment, the parties' final submissions.

The statement of reasons shall contain: a. in a judgment, the factual and legal assessment of the conduct attributed to the accused, as well as the justification for sanctions, ancillary effects, costs, and compensations; b. in another type of final decision, the reasons for the procedural resolution as it is envisaged.

The ruling shall contain: a. the designation of the legal provisions applied; b. in a judgment, the ruling concerning guilt and penalty, costs, compensations, and any possible civil conclusions; c. in another type of final decision, the order concerning the procedural resolution; d. subsequent judicial decisions; e. the ruling concerning ancillary effects; f. the designation of persons and authorities who receive a copy of the decision or the ruling.

The first instance court may waive a written justification of the judgment under the following conditions: a. it provides the judgment orally; b. it does not impose a custodial sentence exceeding two years, institutionalization as per Art. 64 SCC, treatment as per Art. 59 SCC, or, in the event of a suspended sentence revocation, a deprivation of liberty exceeding two years. The court subsequently delivers a reasoned judgment to the parties in the following cases: a. a party requests it within ten days following the notification of the judgment's dispositive; b. a party files an appeal. If only the complaining party requests a reasoned judgment or files an appeal, the judgment is reasoned only insofar as it concerns the punishable behavior leading to the harm suffered by the complaining party as well as the latter's civil claims. During the appeals process, the court may, concerning the factual and legal assessment of the facts forming the subject of the accusation, refer to the reasoning of the lower authority.

The criminal authority that has issued a judgment the ruling of which is unclear, contradictory, incomplete, or contradictory to the statement of reasons, shall clarify or correct it at the request of a party or on its own initiative.

The request is submitted in writing and indicates the contested passages and, if applicable, the desired modifications.

The criminal authority gives the other parties the opportunity to express their views on the request.

The corrected or clarified judgment is communicated to the parties.

If the procedure is public, the court orally notifies its judgment at the conclusion of the deliberation and briefly states the reasoning.

It delivers the operative part of the judgment to the parties at the conclusion of the proceedings or notifies it to them within five days.

When the court is unable to render its judgment immediately, it does so as soon as possible and notifies it during a subsequent hearing. If, in this case, the parties waive the public pronouncement of the judgment, the court notifies them of the operative part as soon as the judgment is rendered.

If the court must provide written reasoning for its judgment, it notifies the accused and the public prosecutor of the fully reasoned judgment within 60 days, exceptionally within 90 days, and notifies only the segments of the judgment that pertain to their conclusions to the other parties.

The criminal authority orally or in writing notifies the parties of simple investigatory decisions or orders.

Decisions are communicated to other authorities designated by federal and cantonal law; decisions on appeals are also communicated to the lower authority, and decisions that have come into force are, if necessary, communicated to the enforcement authorities and the criminal records authorities.

Unless otherwise provided by this code, communications from the criminal authorities shall be notified in written form.

The criminal authorities shall notify their decisions by registered letter or by any other mode of communication that involves an acknowledgment of receipt, including through the police.

The decision is considered notified when it has been delivered to the recipient, one of their employees, or any person over sixteen years of age living in the same household. The directives of the criminal authorities concerning a communication to be personally addressed to the recipient remain applicable.

The decision is also considered notified: (a) when, sent by registered letter, it has not been collected within seven days from the unsuccessful attempt to deliver the envelope, if the concerned person should have expected such delivery; (b) when, personally notified, it has been refused, and this refusal has been duly recorded on the same day by the person responsible for delivering the envelope.

Communications may be notified electronically with the consent of the person concerned. They are affixed with an electronic signature as defined by the Federal Act on Electronic Signatures of March 18, 2016.

The Federal Council regulates: a. the type of signature to be used; b. the format of communications and attachments; c. the modalities of transmission; d. the moment at which the communication is considered to be notified.

Every communication must be served at the domicile, habitual residence, or registered office of the recipient.

Parties and their counsel who have their domicile, habitual residence, or registered office abroad are required to designate an address for notifications in Switzerland; international instruments allowing for direct service are reserved.

If the parties have legal counsel, communications are validly served upon them.

When a party is required to appear personally at a hearing or to perform an act of procedure themselves, the communication is served directly to them. In such cases, a copy is sent to their legal counsel.

Notification takes place in the Official Gazette designated by the canton or the Confederation: a. when the location of the recipient is unknown and could not be determined despite reasonable efforts; b. when notification is impossible or would only be possible by taking disproportionate steps; c. when a party or their counsel has not designated a domicile for notification in Switzerland, while they have their domicile, habitual residence, or headquarters abroad.

Notification is deemed to have occurred on the day of its publication.

Only the operative parts of the final decisions are published.

Dismissal orders and penal orders are deemed notified even in the absence of a publication.

The deadlines set by law cannot be extended.

Criminal proceedings do not observe judicial holidays.

Time limits set in days begin to run on the day following their notification or the event that triggers them.

If the last day of the time limit falls on a Saturday, Sunday, or a public holiday according to federal or cantonal law, the time limit expires on the next business day. The determining cantonal law is that of the canton where the party or their representative has their residence or registered office.

The time limit is deemed to be observed if the procedural act is performed before the competent authority no later than the last day of the time limit.

Documents must be submitted to the criminal authority, to the Swiss Post, to a Swiss consular or diplomatic representation, or, in the case of detained persons, to the administration of the correctional facility, no later than the last day of the time limit.

In the case of electronic transmission, the decisive moment for observing a time limit is when the acknowledgment of receipt is issued, confirming that the party has completed all necessary steps for the transmission.

The time limit is also deemed to be observed if the document reaches a non-competent Swiss authority no later than the last day of the time limit. This authority shall forward the document without delay to the competent criminal authority.

Payment to the criminal authority is made within the prescribed time limit when the amount is paid in favor of the criminal authority at the Swiss Post or debited from a bank or postal account in Switzerland no later than the last day of the time limit.

The authorities may extend the deadlines or postpone the due dates that they have set, either on their own initiative or upon request. The request must be submitted before the expiration of the deadlines and must be sufficiently justified.

A party is in default if it fails to perform a procedural act on time or does not appear at the scheduled hearing.

A party may request the restitution of a deadline if it was prevented from observing it and is thereby exposed to significant and irreparable harm; however, it must make it plausible that the failure is not attributable to any fault on its part.

The request for restitution, duly substantiated, must be submitted in writing within 30 days from the cessation of the impediment to the authority with which the procedural act should have been performed. The omitted procedural act must be repeated within this period.

The request for restitution only has a suspensive effect if granted by the competent authority.

The criminal authority issues its decision on the request in writing.

Paragraphs 1 to 4 apply analogously to the non-observance of a deadline. If the request for restitution is accepted, the procedure management sets a new deadline. Provisions relating to the procedure in default are reserved.

Personal data may be collected directly from the data subject or in a manner recognizable to them, unless doing so would jeopardize the procedure or result in a disproportionate volume of work. If personal data is collected without the knowledge of the data subject, they must be informed without delay. The authority may forgo this notification or postpone it if overriding public or private interests so require.

When competent criminal authorities process personal data, they ensure to distinguish, as far as possible: a. the different categories of persons concerned; b. personal data based on facts from those based on personal assessments.

The criminal authority may disclose personal data related to a pending criminal proceeding to allow its use in another pending proceeding when it can be presumed that this data will significantly contribute to the clarification of the facts.

Reservings are: a. Articles 14 and 20 of the Federal Act of 21 March 1997 on measures to safeguard internal security; abis. Articles 19 and 20 of the Federal Act of 25 September 2015 on Intelligence Services; b. the provisions of the Federal Act of 13 June 2008 on the Information Systems of the Confederation's Police; c. the provisions of the Federal Act of 7 October 1994 on the Central Offices of Criminal Police of the Confederation.

As long as the proceedings are pending, the parties and other participants in the proceedings may, within the limits of their right to consult the file, obtain the data concerning them.

The competent criminal authorities shall promptly correct inaccurate personal data.

They shall immediately inform the authority that transmitted the data to them, made it available to them, or to whom it has been communicated, of the correction of this data.

After the conclusion of the proceedings, the processing of data, the procedure, and legal remedies are governed by federal and cantonal data protection provisions.

The duration for which personal data must be retained after the conclusion of the proceedings is regulated by Art. 103.

The provisions of this code, the Federal Act of June 13th, 2008, on the Federal Police Information Systems, and the Federal Act of October 7th, 1994, on the Central Offices of the Federal Criminal Police, concerning documents containing identification data and DNA profiles, are reserved.

A file is constituted for each criminal case. It contains: a. the procedural records and the records of hearings; b. the documents gathered by the criminal authority; c. the documents submitted by the parties.

The head of the procedure maintains an updated index of the documents; in simple cases, they may forgo this requirement.

The parties may inspect the file of a pending criminal proceeding, at the latest after the initial interrogation of the accused and the collection of main evidence by the public prosecutor; Art. 108 remains reserved.

Other authorities may inspect the file when they need it to handle a pending civil, criminal, or administrative procedure and if no overriding public or private interest opposes it.

Third parties may inspect the file if they assert a scientific interest or another interest worthy of protection, provided that no overriding public or private interest opposes it.

The procedural authority decides on file inspection. It takes the necessary measures to prevent abuse and delays and to protect legitimate interests in maintaining confidentiality.

Files are inspected at the office of the relevant criminal authority or, by way of mutual legal assistance, at the office of another criminal authority. Generally, they are provided to other authorities as well as to the legal representatives of the parties.

Any person authorized to inspect the file may request a copy in exchange for the payment of a fee.

The files are preserved at least until the expiration of the limitation periods for the prosecution and the penalty.

The original documents that have been included in the file are returned to the entitled parties against a receipt as soon as the criminal case is subject to a decision that has become final.

The following have the status of a party: a. the accused; b. the complainant; c. the public prosecutor, during the proceedings or in the appeal procedure.

The Confederation and the cantons may recognize the status of a party, with full or limited rights, to other authorities responsible for safeguarding public interests.

The following also participate in the procedure: a. the injured parties; b. persons reporting offenses; c. witnesses; d. persons called to provide information; e. experts; f. third parties affected by procedural acts. When participants in the procedure referred to in para. 1 are directly affected in their rights, they are granted the status of a party to the extent necessary to protect their interests.

A party may only validly perform procedural acts if they have the exercise of civil rights.

A person who does not have the exercise of civil rights is represented by their legal representative.

A person who does not have the exercise of civil rights but is capable of judgment may exercise their strictly personal procedural rights themselves, even against the opinion of their legal representative.

A party has the right to be heard; to this end, they may notably: a. review the case file; b. participate in procedural actions; c. be assisted by legal counsel; d. express themselves regarding the case and the procedure; e. submit proposals concerning the means of evidence.

The criminal authorities shall draw the parties' attention to their rights when they are not versed in legal matters.

The criminal authorities may restrict a party’s right to be heard: a. when there are good reasons to suspect that this party is abusing its rights; b. when it is necessary to ensure the safety of persons or to protect public or private interests in maintaining secrecy.

The legal counsel of a party may only be subject to restrictions due to their conduct.

The restrictions are limited either temporarily or to certain procedural acts.

As long as the reason for the restriction persists, the criminal authorities may base their decisions on documents to which a party has not had access only if that party has been informed of their essential content.

When the reason for the restriction ceases to exist, the right to be heard must be granted in an appropriate form.

Subject to specific provisions of this code, the parties may submit requests to the procedural authorities at any time.

The procedural authorities examine the requests and provide the other parties with an opportunity to express their views.

The parties may submit a request either in writing or orally, with oral requests being recorded in the minutes. Written requests must be dated and signed. In the case of electronic transmission, the request must bear the qualified electronic signature of the sender according to the Federal Act on Electronic Signatures of 18 March 2016. The Federal Council regulates: a. the format of requests and attachments; b. the methods of transmission; c. the conditions under which the criminal authority may require, in case of technical problems, that documents be subsequently sent on paper. Otherwise, the procedural documents of the parties are not subject to any formal requirements unless this code provides otherwise. The procedure management may return to the sender a request that is illegible, incomprehensible, inappropriate, or verbose, granting them a deadline to correct it and warning them that if this is not done, the request will not be considered.

The term "defendant" refers to any person who, as a result of a report, complaint, or procedural act performed by a criminal authority, is suspected, charged, or accused of an offense.

Any person against whom proceedings are resumed following an order to dismiss or a judgment under Art. 323 or Arts. 410 to 415 has the rights and obligations of a defendant.

In the event of criminal proceedings against a company, the company shall be represented by a single person who must be authorized to represent the company in civil matters without any restrictions.

If, after a reasonable period, the company has not appointed such a representative, the direction of the proceedings shall appoint the person who, among those capable of representing the company in civil matters, will represent the company in the criminal proceedings.

If a criminal investigation is initiated against the person representing the company in the criminal proceedings for the same facts or related facts, the company must appoint another representative. If necessary, the direction of the proceedings appoints another representative as per paragraph 2 or, failing that, a qualified third party.

If a criminal investigation is initiated for the same facts or related facts against both a natural person and the company, the proceedings may be joined.

The accused is not obligated to testify against themselves. In particular, they have the right to refuse to testify and to refuse to cooperate with the procedure. However, they are required to comply with the coercive measures provided by law.

The procedure shall continue even if the accused refuses to cooperate.

The defendant is capable of participating in the proceedings if they are physically and mentally able to follow them.

If the defendant is temporarily unable to participate in the proceedings, procedural actions that cannot be postponed are conducted in the presence of their defense counsel.

If the defendant is permanently unable to participate in the proceedings, the procedure is suspended or dismissed. The special provisions governing proceedings against defendants who are not criminally responsible are reserved.

A victim is defined as any person whose rights have been directly affected by an offense.

Persons who have the standing to file a criminal complaint are always considered as victims.

The term victim refers to the injured party who, as a result of an offense, has suffered a direct violation of their physical, psychological, or sexual integrity.

The term relatives of the victim refers to their spouse, children, father and mother, and other persons having similar ties with them.

The victim enjoys special rights, including: a. the right to protection of personal privacy (Art. 70, para. 1, let. a, Art. 74, para. 4, and Art. 152, para. 1); b. the right to be accompanied by a trusted person (Art. 70, para. 2, and Art. 152, para. 2); c. the right to protective measures (Art. 152 to 154); d. the right to refuse to testify (Art. 169, para. 4); e. the right to information (Art. 305 and Art. 330, para. 3); f. the right to a specific composition of the court (Art. 335, para. 4); g. the right to receive, free of charge, the judgment or penal order in the case where they are a victim from the court or public prosecutor, unless explicitly waived.

When the victim is under 18 years of age, special provisions aimed at protecting their personal privacy apply additionally, particularly those that: a. restrict the possibility of confrontation with the defendant (Art. 154, para. 4); b. subject the victim to particular protective measures during hearings (Art. 154, para. 2 to 4); c. allow for the discontinuation of proceedings (Art. 319, para. 2).

When the victim's relatives join as civil parties against the defendants, they enjoy the same rights as the victim.

A complainant is defined as the injured party who expressly declares the intention to participate in the criminal proceedings as a plaintiff in criminal or civil matters.

A criminal complaint constitutes such a declaration.

The declaration must be made before a prosecuting authority prior to the conclusion of the preliminary proceedings.

If the injured party has not made a declaration spontaneously, the public prosecutor's office shall inform them of their right to do so as soon as the preliminary proceedings commence.

The injured party may make a written or oral declaration, with oral declarations being recorded in the minutes. In the declaration, the injured party may, either cumulatively or alternatively: a. request the prosecution and conviction of the person criminally responsible for the offense (criminal action); b. assert civil claims derived from the offense (civil action) by joining the criminal proceedings.

The injured party may at any time declare in writing or orally that they waive the rights that are theirs; the oral declaration is recorded in the minutes. The waiver is definitive.

If the waiver has not been expressly restricted to either the criminal or the civil aspect, it applies both to the criminal proceedings and the civil action.

If the injured party dies without having renounced their procedural rights, these rights are transferred to their next of kin as defined in Art. 110, para. 1, of the Criminal Code, in the order of succession.

The person who is legally subrogated to the rights of the injured party is only authorized to initiate a civil action and may only invoke procedural rights that are directly related to civil claims.

As the complainant, the victim may assert civil claims arising from the offense through adhesion to the criminal proceedings.

The same right belongs to the victim's relatives, insofar as they assert their own civil claims against the accused.

The civil action becomes pending as soon as the victim has asserted civil claims pursuant to Art. 119, para. 2, let. b.

If the complainant withdraws their civil action before the closing of the hearings in the first instance, they may reassert their civil claims through civil proceedings.

As far as possible, the complaining party shall quantify its civil claims in its declaration pursuant to Art. 119 and provide a written justification; it shall cite the evidence it intends to invoke.

The calculation and justification of the civil claims must be submitted within the time limit set by the procedural direction in accordance with Art. 331, para. 2.

The court seized of the criminal case adjudicates the civil claims regardless of their value in dispute.

The accused must be given the opportunity to express their views on the civil claims, at the latest during the first instance proceedings.

If the accused agrees to the civil claims, their statement must be recorded in the minutes and noted in the final decision.

The complainant, unless it is a victim, must provide the defendant, upon request, with securities for the estimated costs arising from civil claims if: a. the complainant has neither domicile nor registered office in Switzerland; b. the complainant appears insolvent, particularly when declared bankrupt, when a debt restructuring moratorium is ongoing, or when there exists a certificate of unpaid debts; c. there are other reasons to fear that the defendant's claim is significantly endangered or lost.

The court's procedural authority shall decide on the application. It determines the amount of the securities and sets the deadline within which they must be provided.

Securities may consist of a cash deposit or a guarantee provided by a bank or an insurance company established in Switzerland.

They may subsequently be increased, reduced, or canceled.

The court shall also rule on the civil claims presented: a. when it delivers a guilty verdict against the accused; b. when it acquits the accused and the facts of the case are sufficiently established. It shall refer the complainant to pursue civil proceedings: a. when the criminal proceedings are dismissed; abis. when a decision on the civil claims cannot be rendered by means of a penal order; b. when the complainant has not quantified their claims with sufficient precision or has not sufficiently substantiated them; c. when the complainant does not provide security for the accused’s claims; d. when the accused is acquitted and the facts of the case have not been sufficiently established. In cases where a complete judgment on the civil claims would require disproportionate work, the court may address them only in principle and, for the remainder, refer the complainant to pursue civil proceedings. Claims of low value shall, as far as possible, be judged by the court itself. In cases involving victims, the court may first rule on the issue of guilt and the penal aspect; the procedure leader, acting as a single judge, shall subsequently rule on the civil claims regardless of their contested value, after further discussions between the parties.

The defendant, the complainant, and other participants in the proceedings may be assisted by legal counsel to defend their interests.

A party may be assisted by several legal counsel as long as the proceedings are not unduly delayed. In such a case, the party shall designate one principal representative among them who is authorized to undertake acts of representation before the criminal authorities, and whose address is designated as the sole address for notifications.

Within the limits of the law and the rules of their profession, legal counsel may represent the interests of several participants in the same proceedings.

Parties may choose as legal counsel any trustworthy person, possessing civil capacity and a good reputation; the legislation on lawyers is reserved.

The defense of defendants is reserved for attorneys who, under the Lawyers Act of June 23, 2000, are authorized to represent parties before the courts; contrary provisions of cantonal law regarding representation in proceedings related to infractions are reserved.

The defense attorney is bound, within the limits of the law and the rules of the profession, only by the interests of the accused.

In all criminal proceedings and at any stage thereof, the accused has the right to appoint a legal counsel for their defense as per Art. 127, para. 5 (private defense) or, subject to Art. 130, to represent themselves.

The exercise of private defense requires a written power of attorney or a statement from the accused recorded in the minutes.

The accused must have a defense attorney in the following cases: a. the pre-trial detention, including the duration of provisional arrest, has exceeded ten days; b. they face a custodial sentence of more than one year, a measure leading to deprivation of liberty, or deportation; c. due to their physical or mental state or for other reasons, they cannot adequately defend their interests in the procedure and their legal representatives are not able to do so; d. the public prosecutor personally intervenes before the court of first instance or the appellate court; e. a simplified procedure (Articles 358 to 362) is implemented.

In the event of mandatory defense, the procedural authority shall ensure that the accused is immediately assisted by a defense lawyer.

If the conditions for mandatory defense are met at the initiation of the preliminary proceedings, the defense must be implemented before the first hearing conducted by the public prosecutor's office or, on its behalf, by the police.

Evidence taken before a defense lawyer has been appointed, even though the need for defense should have been recognized, is admissible only if the accused waives the right to have the evidence re-administered.

The procedural authorities shall order court-appointed defense counsel: a. in cases of mandatory defense: 1. if the accused, despite being invited by the procedural authorities, does not appoint a private defense counsel, 2. if the private defense counsel's mandate is withdrawn or if such counsel declines the mandate and the accused has not appointed a new defense counsel within the designated time frame; b. if the accused does not have the necessary financial means and the assistance of a defense counsel is justified to safeguard their interests.

Court-appointed defense counsel to protect the interests of the accused is justified notably when the case is not of minor significance and presents, in terms of facts or law, difficulties that the accused alone could not overcome.

In any case, a matter is not of minor significance when the accused is liable to a custodial sentence of more than four months or a monetary penalty exceeding 120 daily penalty units.

The defense counsel is appointed by the authority responsible for the procedure at the relevant stage.

The Confederation and the cantons may delegate the choice of defense counsel to another authority or a third party.

The selection of the defense counsel takes into account their abilities and, as far as possible, the wishes of the accused.

If the reason for court-appointed defense ceases to exist, the procedural authority revokes the mandate of the designated defense counsel. If the trust relationship between the accused and the court-appointed defense counsel is seriously disturbed, or if an effective defense is no longer ensured for other reasons, the procedural authority assigns the court-appointed defense to another person.

The court-appointed defense counsel is compensated in accordance with the fee schedule of the attorneys of the Confederation or the canton where the trial is held.

The public prosecutor or the court ruling on the merits sets the compensation at the end of the procedure. If the court-appointed assignment is extended over a long period or if it is unreasonable to wait until the end of the procedure for another reason, advances determined by the procedure's management are paid to the court-appointed defense counsel.

The court-appointed defense counsel may contest the decision setting the compensation by using the legal remedy available to challenge the final decision.

When the accused is sentenced to bear the costs of the proceedings, he is obliged to reimburse the compensation to the Confederation or the canton as soon as his financial situation permits.

The claim of the Confederation or the canton is subject to a ten-year prescription period starting from the day the decision becomes final.

Upon request, the procedural authorities grant full or partial free legal aid: a. to the complainant, for asserting their civil claims, if they do not have sufficient resources and the civil action does not appear to be doomed to failure; b. to the victim, to enable them to pursue their criminal complaint, if they do not have sufficient resources and the criminal action does not appear to be doomed to failure.

Legal aid includes: a. exemption from advance payments of costs and securities; b. exemption from procedural costs; c. the appointment of free legal counsel, when the defense of the complainant's or the victim's interests requires it.

In the appeal proceedings, a new application for free legal aid must be submitted.

Articles 133 and 134 apply mutatis mutandis to the appointment, revocation, and replacement of free legal counsel.

Art. 135 applies by analogy to the compensation of free legal counsel; the final decision regarding the coverage of fees for free legal counsel and the related costs of proceedings from which the complainant has been exempted from providing an advance is reserved.

The victim and their relatives are not required to reimburse the costs of free legal assistance.

When the accused is ordered to pay costs to the complainant, these are allocated to the Confederation or the canton to the extent of the expenses incurred for free legal assistance.

The criminal authorities employ all lawful means of evidence which, according to the state of scientific knowledge and experience, are suitable to establish the truth.

There is no need to administer evidence on facts that are irrelevant, notorious, known to the criminal authority, or already sufficiently proven.

Coercive measures, the use of force, threats, promises, deceit, and methods likely to impair intellectual abilities or free will are prohibited in the administration of evidence.

These methods are prohibited even if the person concerned has consented to their implementation.

Evidence obtained in violation of Art. 140 is not admissible under any circumstances. The same applies if this code stipulates that evidence is inadmissible.

Evidence obtained unlawfully or in violation of validity rules by the criminal authorities is inadmissible, unless its use is essential for the elucidation of serious offenses.

Evidence obtained in violation of order requirements is admissible.

If a piece of evidence is obtained through inadmissible evidence as per paragraphs 1 or 2, it is admissible only if it could have been obtained without the administration of the initial evidence.

Documents relating to inadmissible evidence must be removed from the criminal file, kept separately until the final conclusion of the proceedings, and then destroyed.

Hearings are conducted by the public prosecutor's office, the competent criminal authorities for contraventions, and the courts. The Confederation and the cantons determine to what extent the staff of these authorities may conduct hearings.

The police may question the accused and persons called upon to provide information. The Confederation and the cantons may designate members of the police forces authorized to hear witnesses on behalf of the public prosecutor's office.

At the beginning of the hearing, the person appearing, in a language he or she understands, is: a. questioned about his or her identity; b. informed of the subject matter of the proceedings and the capacity in which he or she is being heard; c. fully advised of his or her rights and obligations.

The fulfillment of the provisions set out in para. 1 must be recorded in the minutes.

The criminal authority may conduct further inquiries into the identity of the person appearing.

The authority invites the person appearing to express him or herself on the subject matter of the hearing.

It endeavors, through clear questions and instructions, to obtain comprehensive statements and to clarify contradictions.

The person appearing makes statements from memory. However, with the consent of the procedural authority, he or she may testify based on written documents; these are included in the file at the end of the hearing.

The mute and the hearing-impaired are interrogated in writing or with the assistance of a qualified person.

The public prosecutor or the competent court may order a hearing by videoconference if the person to be heard is unable to appear in person or can only appear at the cost of disproportionate efforts.

The hearing is recorded on an audiovisual medium.

The criminal authority may, instead of or in addition to a hearing, invite the person appearing to submit a written report on their findings.

The parties are heard separately.

The criminal authorities may confront individuals, including those who have the right to refuse to testify. The special rights of the victim are reserved.

They may require parties who, following the hearings, will likely need to be confronted with other persons to remain at the place of proceedings until their confrontation.

The proceedings' director may temporarily exclude a person from the proceedings in the following cases: a. there is a conflict of interest; b. this person still needs to be heard in the proceedings as a witness, a person called to provide information, or an expert.

The parties have the right to be present during the taking of evidence by the public prosecutor and the courts, and to question those giving evidence. The presence of legal counsel during police interrogations is governed by Art. 159.

Anyone who exercises their right to participate in the proceedings cannot demand that the taking of evidence be postponed.

A party or their legal counsel may request that the taking of evidence be repeated if, for compelling reasons, the legal counsel or the unrepresented party was unable to participate. Such a repetition may be waived if it would lead to disproportionate costs and efforts, and if the parties’ right to be heard, particularly the right to question those giving evidence, can be satisfied in another way.

Evidence administered in violation of this article cannot be used to the detriment of the party who was not present.

When the taking of evidence occurs abroad through a letter rogatory, the right of the parties to participate is fulfilled when the following conditions are met: a. the parties can send questions to the requested foreign authority; b. they can review the record of the taking of evidence conducted through the letter rogatory; c. they can submit additional questions in writing.

Art. 147, para. 4, is applicable.

If there is reason to fear that a witness, a person called to provide information, an accused, an expert, a translator or an interpreter, or a person having a relationship with them as defined in Art. 168, para. 1 to 3, may, due to their involvement in the proceedings, be exposed to a serious danger threatening their life or physical integrity, or to another serious disadvantage, the procedural authority shall take appropriate protective measures, either upon request or ex officio.

For this purpose, the procedural authority may appropriately restrict the procedural rights of the parties, and in particular: a. ensure the anonymity of the person to be protected; b. conduct hearings in the absence of the parties or in camera; c. verify the identity of the person to be protected in the absence of the parties or in camera; d. alter the appearance and voice of the person to be protected or conceal them from the view of others; e. limit the right to inspect the file.

The procedural authority may authorize the persons to be protected to be accompanied by legal counsel or a trusted person.

It may also order protective measures as defined in Art. 154, para. 2 and 4, when persons under the age of 18 are heard as witnesses or persons called to provide information.

It ensures for each protective measure that the right to be heard of the parties, particularly the rights of the defense of the accused, is guaranteed.

If anonymity has been granted to the person to be protected, the procedural authority takes appropriate measures to prevent confusion and misidentification of persons.

The procedural authorities may guarantee anonymity to persons requiring protection.

The public prosecutor must submit the guarantee of anonymity for approval to the compulsory measures court, specifying in detail within 30 days all necessary elements for the assessment of the legality of the measure. ...

If the compulsory measures court refuses its approval, any evidence obtained under the guarantee of anonymity cannot be used.

Once approved or ordered, the guarantee of anonymity is binding on all criminal authorities involved in the case.

The person to be protected can waive anonymity at any time.

The public prosecutor and the procedural court authorities revoke the guarantee of anonymity when the need for protection has evidently ceased.

An undercover agent who has been guaranteed anonymity is entitled to: a. have their true identity kept secret throughout the entire procedure and after its conclusion from any person not acting in the capacity of a member of the court handling the case; b. ensure that no information regarding their true identity is included in the procedural file.

The procedural authorities shall take the necessary protective measures.

The criminal authorities ensure the protection of the victim’s personal rights at all stages of the proceedings.

For all procedural acts, the victim may be accompanied by a trusted person in addition to their legal counsel.

The criminal authorities avoid confronting the victim with the accused if the victim so requests. In such cases, they otherwise respect the accused’s right to be heard. They may, in particular, hear the victim in accordance with the protective measures provided for in Art. 149, para. 2, let. b and d.

The confrontation may be ordered in the following cases: a. the accused’s right to be heard cannot otherwise be ensured; b. an overriding interest in the prosecution imperatively requires it.

The victim of an offense against sexual integrity may request to be heard by a person of the same sex.

A confrontation with the accused can only be ordered against the will of the victim if the accused's right to be heard cannot be guaranteed otherwise.

For the purposes of this article, a child is understood to be a victim who is under the age of 18 at the time of the hearing or confrontation.

The first hearing of the child must take place as soon as possible.

The authority may exclude the trusted person from the proceedings if that person could significantly influence the child.

If it is foreseeable that the hearing or confrontation could cause serious psychological harm to the child, the following rules apply: a. a confrontation of the child with the accused is excluded unless the child expressly requests the confrontation or the accused's right to be heard cannot be otherwise guaranteed; b. the child should, in principle, not be subjected to more than two hearings throughout the procedure; c. a second hearing is organized if, during the first, the parties were unable to exercise their rights, or if it is essential for the proper conduct of the investigation or for safeguarding the child's interest; as far as possible, it is conducted by the person who conducted the first hearing; d. the hearing is conducted by an investigator trained for this purpose, in the presence of a specialist; if no confrontation is organized, the hearing is recorded on an audiovisual medium; e. the parties exercise their rights through the person conducting the hearing; f. the investigator and the specialist record their observations in a report.

If it is foreseeable that the presence of the accused at the hearing could cause serious psychological harm to the child despite the protective measures in place, the accused may be excluded from the hearing provided their right to be heard can be guaranteed in another way.

The defense counsel is not excluded, but appropriate protective measures must be implemented to prevent serious psychological harm to the child.

Interrogations of persons with mental disorders are limited to what is strictly necessary; their number is restricted as much as possible.

The procedure management may assign a specialized criminal authority or social service to conduct the interrogation or request the assistance of family members, other trusted individuals, or experts.

The Confederation and the cantons may provide for measures to protect persons outside the procedure.

The criminal authorities may, at all stages of the criminal proceedings, hear the accused regarding the offenses with which they are charged.

In doing so, they provide the accused with the opportunity to express themselves fully concerning the offenses in question.

At the beginning of the first hearing, the police or the public prosecutor shall inform the accused in a language he understands: a. that a preliminary procedure has been initiated against him and for which offenses; b. that he has the right to refuse to testify and to cooperate; c. that he has the right to engage a defense lawyer or to request a court-appointed defense lawyer; d. that he may request the assistance of a translator or an interpreter. Hearings conducted without these pieces of information being provided are inadmissible.

During a police interview, the accused has the right to have their defense counsel present and to allow the counsel to ask questions.

When the accused is subject to temporary arrest, they have the right to communicate freely with their defense counsel during any police interview.

A person exercising these rights cannot demand the postponement of the interview.

If the accused confesses, the public prosecutor or the court ensures the credibility of their statements and invites them to describe precisely the circumstances of the offense.

The public prosecutor questions the accused about their personal situation only when an indictment or a penalty order is foreseeable or if it is necessary for other reasons.

A witness refers to any person who has not participated in the offense, who may provide useful statements for the clarification of the facts, and who is not heard in the capacity of a person called upon to provide information.

Any person over the age of fifteen who is capable of discernment regarding the subject matter of the hearing has the capacity to testify.

Any person capable of testifying is obligated to testify and to speak the truth; the right to refuse to testify is reserved.

The background and personal situation of a witness are investigated only if this information is necessary to assess their credibility.

The presiding authority may order an outpatient examination if there are doubts regarding a witness's capacity of judgment or if they exhibit signs of mental disorders, provided that the significance of the criminal proceedings and the testimony justifies it.

The authority conducting the hearing may instruct the witness, under threat of punishment as provided in Art. 292 SCC, to remain silent about the hearings considered or conducted and their subject matter.

This obligation is limited in time.

The instruction may be included in the summons for the witness to appear.

The injured party is heard in the capacity of a witness.

The hearing in the capacity of a person called to provide information according to Art. 178 is reserved.

A witness is entitled to fair compensation to cover their loss of earnings and expenses.

The following persons may refuse to testify: a. the spouse of the defendant or the person who is in a de facto domestic partnership with him; b. the person who has common children with the defendant; c. the parents and direct-line relatives of the defendant; d. the siblings, as well as half-siblings of the defendant, along with their spouses; e. the siblings, as well as half-siblings of the defendant's spouse, along with their spouses; f. foster parents, children entrusted to the care of the defendant, and individuals placed in the same family as the defendant; g. the guardian and the curator of the defendant. The right to refuse to testify as outlined in para. 1, let. a and f, remains even after the dissolution of the marriage or the end of the placement. A registered partnership is equivalent to marriage. The right to refuse to testify cannot be invoked if the following conditions are met: a. the criminal procedure pertains to an offense listed in Arts. 111 to 113, 122, 124, 140, 184, 185, 187, 189, 190, or 191 of the Penal Code; b. the offense was committed to the detriment of a close relative of the witness as per paras. 1 to 3.

Anyone may refuse to testify if their statements could implicate themselves to the extent that they: a. could be held criminally liable; b. could be held civilly liable and the interest in ensuring their protection outweighs the interest of the criminal procedure.

Anyone may also refuse to testify if their statements could implicate a close relation as defined in Art. 168, paras. 1 to 3; Art. 168, para. 4 is reserved.

A person may refuse to testify if their statements could expose their life or physical integrity or that of a close relation, as defined in Art. 168, paras. 1 to 3, to a serious threat or expose them to another major disadvantage that protective measures cannot prevent.

In the case of an offense against their sexual integrity, a victim may, in all cases, refuse to answer questions related to their intimate sphere.

Officials as defined in Art. 110, para. 3, of the Criminal Code, as well as their auxiliaries and members of authorities and their auxiliaries, may refuse to testify about secrets that have been entrusted to them in their official capacity or which they have become aware of in the exercise of their function, office, or auxiliary activity.

They must testify: a. when they are subject to the duty to report; b. when the authority to which they are subject has authorized them to do so in writing.

The authority instructs the concerned person to testify if the interest in establishing the truth outweighs the interest in maintaining the secrecy.

Clergy, lawyers, defense attorneys, notaries, patent attorneys, physicians, dentists, chiropractors, pharmacists, psychologists, nurses, physiotherapists, occupational therapists, midwives, dietitians, optometrists, osteopaths, as well as their assistants, may refuse to testify about secrets that have been entrusted to them by virtue of their profession or that they have come to know in the exercise thereof.

They must testify: a. when they are subject to the obligation to report; b. when they are released from secrecy, according to Art. 321, para. 2, SCC, by the holder of the secret or, in written form, by the competent authority.

The criminal authority respects the professional secret even if the holder has been released from it, when the holder makes it plausible that the interest of the principal in maintaining secrecy outweighs the interest in revealing the truth.

The law of June 23, 2000, regarding lawyers is reserved.

Individuals who, in a professional capacity, contribute to the publication of information in the editorial section of a periodic media outlet, and their assistants, may refuse to testify regarding the identity of the author as well as the content and source of their information.

They must testify: a. when their testimony is necessary to provide assistance to a person whose physical integrity or life is directly threatened; b. when, in the absence of their testimony, one of the following offenses could not be elucidated or the suspect of such an offense could not be apprehended: 1. a homicide as defined in Articles 111 to 113 of the Criminal Code, 2. a crime punishable by a custodial sentence of at least three years, 3. an offense specified in Articles 187, 189, 190, 191, 197, paragraph 4, 260 ter, 260 quinquies, 260 sexies, 305 bis, 305 ter, and 322 ter to 322 septies of the Criminal Code, 4. an offense as defined in Article 19, paragraph 2, of the Narcotics Act of October 3, 1951 (NarcA).

Persons who are required to observe professional secrecy under one of the following provisions shall only testify if the interest in establishing the truth outweighs the interest in maintaining secrecy: a. Art. 321a of the Swiss Criminal Code; b. Art. 139, para. 3, of the Civil Code; c. Art. 2 of the Federal Act of 9 October 1981 on Counseling Centers for Pregnancy Matters; d. Art. 11 of the Act of 23 March 2007 on Assistance to Victims; e. Art. 3c, para. 4, of the Narcotics Act; f. ...

Holders of other legally protected secrets are required to testify. The procedural authorities may release them from the obligation to testify if they make it plausible that the interest in maintaining secrecy outweighs the interest in establishing the truth.

The decision on the admissibility of the right to refuse to testify is made by: a. during the preliminary proceedings: the authority competent for conducting the hearing; b. after the indictment: the court.

The witness may request the appellate authority to make an immediate decision following the notification of the decision.

The witness may refuse to testify until the appellate authority's decision is known.

The witness may invoke the right to refuse to testify at any time, even if they had previously waived it.

Statements made by a witness after they have been informed of the right to refuse to testify may be used as evidence, even if the witness later invokes this right, provided that they had waived it.

Anyone who, without rightful grounds, refuses to testify may be subject to a disciplinary fine and required to bear the costs and compensation resulting from their refusal.

If the person obligated to testify persists in their refusal, they are again admonished to testify under threat of the penalty provided in Art. 292 of the Swiss Criminal Code. In the event of a further refusal, criminal proceedings are initiated against them.

At the beginning of each hearing, the authority conducting the hearing informs the witness of their obligation to testify and to answer truthfully, and warns them of the penalties for perjury under Art. 307 of the Criminal Code. Without this information, the hearing is not valid.

At the beginning of the first hearing, the authority questions the witness about their relationships with the parties and other circumstances relevant to determining their credibility.

The authority informs the witness of their right to refuse to testify when elements arising from the interrogation or the file indicate that this right applies. If this information is not provided and the witness later asserts their right to refuse to testify, the hearing is not admissible.

Any person called upon to provide information is understood to be anyone who: a. has constituted themselves as a plaintiff; b. is under fifteen years old at the time of the hearing; c. is not capable of fully understanding a witness's testimony due to limited discernment skills; d. without being themselves accused, could prove to be either the perpetrator of the acts to be clarified or of a related offense, or a participant in these acts; e. must be questioned as a co-accused regarding a punishable act not attributed to them; f. has the status of the accused in another proceeding, due to an offense connected to the offenses to be clarified; g. has been or could be designated as a representative of the company in a proceeding directed against it, as well as its employees.

The police interview as persons asked to provide information those individuals who cannot be considered as defendants.

The hearing as a witness within the meaning of Art. 142, para. 2, is reserved.

Persons called to provide information within the meaning of Art. 178, let. b to g, are not obliged to testify; moreover, the provisions regarding the hearing of accused persons apply to them by analogy.

The complainant (Art. 178, let. a) is obliged to testify before the public prosecutor, before the courts, and before the police if the hearing is conducted on the mandate of the public prosecutor. In addition, the provisions concerning witnesses apply to them by analogy, with the exception of Art. 176.

At the beginning of the hearing, the criminal authorities shall inform individuals summoned to provide information about their obligation to testify or their right to refuse to testify or to give evidence.

The criminal authorities shall also inform individuals summoned to provide information who are obliged to testify or who express their willingness to do so about the possible legal consequences of a false accusation, statements intended to mislead justice, or obstruction of criminal proceedings.

The public prosecutor and the courts shall make use of one or more experts when they do not possess the necessary knowledge and skills to ascertain or judge a state of affairs.

Only a natural person who possesses the necessary knowledge and skills in the relevant field may be appointed as an expert.

The Confederation and the cantons may employ permanent experts or official experts in certain fields.

The grounds for disqualification set out in Art. 56 are applicable to experts.

The procedural authority appoints the expert.

It establishes a written mandate that contains: a. the name of the designated expert; b. if applicable, a note authorizing the expert to call upon other persons working under their responsibility for the realization of the expertise; c. a precise definition of the questions to be clarified; d. the deadline to be observed for submitting the expert report; e. a note on the obligation of confidentiality to which the expert and any of his or her assistants are subject; f. a reference to the criminal consequences of a false expert report pursuant to Art. 307 of the SCC.

The procedural authority gives the parties the opportunity to express their views on the choice of the expert and the questions posed to him or her and to make their own proposals. However, it may waive this in the case of laboratory analyses, particularly when determining blood alcohol levels or the degree of purity of certain substances, establishing a DNA profile, or proving the presence of narcotics in the blood.

It provides the expert with the necessary documents and objects required for the establishment of the expertise alongside the mandate.

It may revoke the mandate at any time and appoint a new expert if the interest of the case justifies it.

It may request a cost estimate before awarding the mandate.

If the complainant requests an expertise, the procedural authority may condition the granting of the mandate on the complainant providing an advance on costs.

The expert is personally responsible for the execution of the expertise.

The procedure's authority may invite the expert to attend procedural acts and authorize them to ask questions to persons who are to be heard.

If the expert deems it necessary to obtain additional information for the file, they shall request it from the procedure's authority.

The expert may conduct simple investigations themselves that are closely related to the mandate entrusted to them and summon individuals for this purpose. These individuals must comply with the summons. If they refuse, the police may escort them to the expert.

If the expert conducts investigations, the accused and persons who have the right to refuse to testify or make statements may, within the limits of this right, refuse to cooperate or make statements. The expert informs the concerned persons of their right at the beginning of the investigations.

The public prosecutor and the courts may order the hospitalization of the accused if necessary for the establishment of a medical expert opinion.

The public prosecutor shall request coercive measures from the court for the hospitalization of the accused when the latter is not in pre-trial detention. The court shall decide in written proceedings.

If it appears during the proceedings before the court that hospitalization is required in anticipation of an expert opinion, the court seized shall decide in written proceedings.

The time spent in the hospital must be credited against the duration of the sentence.

In other respects, the provisions on pre-trial detention and detention for security reasons apply by analogy to hospitalization for the purpose of expertise.

The expert shall submit a written report. If other persons have participated in the preparation of the expert opinion, their names and the functions they exercised must be expressly mentioned.

The procedure's management may order that the expert opinion be delivered orally or that a written report be orally commented on or supplemented; in such cases, the provisions concerning the hearing of witnesses shall apply.

The conduct of proceedings shall make the written expert report known to the parties and set a deadline for them to submit their observations.

Ex officio or at the request of a party, the procedural authority shall supplement or clarify an expert report by the same expert or appoint a new expert in the following cases: a. the report is incomplete or unclear; b. several experts significantly diverge in their conclusions; c. the accuracy of the report is in doubt.

The expert is entitled to equitable compensation.

If the expert fails to fulfill their obligations or does not complete them within the specified time limit, the procedure management may: a. penalize them with a disciplinary fine; b. revoke their mandate without paying any compensation for the work performed.

The criminal authorities include the original evidence in its entirety in the dossier.

Copies of records and other documents may be made if sufficient for the purposes of the proceedings. They must be authenticated if necessary.

The parties may examine the evidence within the limits of the provisions governing the inspection of the dossier.

The public prosecutor, the court, and, in simple cases, the police conduct on-site inspections of objects, places, and processes that are important for evaluating a factual situation but cannot be directly used as evidence.

Everyone must tolerate an inspection and allow the individuals conducting it access to the premises.

If it is necessary to enter buildings, dwellings, or other non-public premises, the competent authority is subject to the provisions governing searches.

Inspections are documented through recordings on media that preserve sound and image, plans, drawings, descriptions, or any other appropriate means.

The procedural authority may order that: a. other procedural acts be relocated to the inspection site; b. the inspection be combined with a reconstruction of the facts or with a confrontation; in this case, the accused, witnesses, and persons called upon to provide information are required to participate; their right to refuse to testify is preserved.

The public prosecutor and the courts request records from other proceedings when it is necessary to establish the facts or to judge the accused.

Administrative and judicial authorities authorize access to their records when there is no overriding public or private interest in maintaining confidentiality.

Disputes between authorities of the same canton are settled by the appellate authority of that canton; those involving authorities from different cantons or cantonal authorities and a federal authority are settled by the Federal Criminal Court.

The criminal authorities request official reports and medical certificates related to facts that may be significant with respect to the criminal procedure.

In order to elucidate the personal situation of the accused, the public prosecutor and the courts request information on the criminal background and reputation of the accused, as well as other pertinent reports from official services or private individuals.

Coercive measures are procedural acts by the criminal authorities that infringe upon the fundamental rights of the affected individuals; they serve to: a. secure evidence; b. ensure the presence of certain individuals during the proceedings; c. guarantee the enforcement of the final decision.

Coercive measures may be taken only under the following conditions: a. they are provided for by law; b. sufficient suspicions justify an assumption of an offense; c. the objectives pursued cannot be achieved by less severe measures; d. they appear justified in relation to the seriousness of the offense.

Coercive measures that infringe on the fundamental rights of persons who do not have the status of accused are applied with particular restraint.

Coercive measures can be ordered by: a. the public prosecutor; b. the court and, in urgent cases, the case management authority; c. the police, in cases provided for by the law.

When the police are authorized to order or execute coercive measures, the Confederation and the cantons may limit this authority to certain members of the police force holding a specific rank or position.

When a coercive measure is ordered in writing, a copy of the warrant and a copy of any execution report are provided against acknowledgment of receipt to the directly affected person, provided that the coercive measure is not secret.

Force may only be used as a last resort to execute coercive measures; the intervention must comply with the principle of proportionality.

Every summons issued by the public prosecutor, the penal authorities competent in contraventions, and the courts shall be issued in writing.

The summons shall contain: a. the designation of the authority issuing it and the persons who will carry out the procedural act; b. the designation of the person summoned and the capacity in which they are to participate in the procedural act; c. the reason for the summons, provided that the purpose of the investigation does not oppose this indication; d. the location, date, and time of appearance; e. the summons to present oneself personally; f. the legal consequences of an unexcused absence; g. the date of issuance; h. the signature of the person who issued it.

The summons shall be notified: a. in the preliminary procedure, at least three days before the date of the procedural act; b. in the procedure before the court, at least ten days before the date of the procedural act.

The public summons is published at least one month before the date of the procedural act.

When setting the dates for procedural acts, the authority appropriately takes into account the availability of the summoned persons.

A summons may be issued in a different form than prescribed and within a shorter period in the following cases: a. in case of urgency; b. the summoned person has given their consent. Anyone present at the location where the procedural act takes place or is in custody may be heard immediately and without a summons.

If the persons summoned to appear are located abroad, the public prosecutor or the court's procedure management can grant them safe conduct.

A person benefiting from safe conduct cannot be arrested in Switzerland for offenses committed or convictions pronounced prior to their stay, nor be subjected to other measures resulting in deprivation of liberty.

The granting of safe conduct may be subject to conditions. In such cases, the authority warns the beneficiary that any violation of the conditions linked to the safe conduct results in its invalidation.

Anyone summoned to appear by a criminal authority is obliged to comply with the summons.

Those who are unable to comply with a summons must inform the issuing authority without delay; they must provide the reasons for their inability and present any supporting documents.

A summons may be revoked for valid reasons. The revocation takes effect only once it has been notified to the summoned person.

Anyone who, without excuse, fails to comply with or complies too late with a summons issued by the public prosecutor, a competent authority for minor offenses, or a court, may be punished with a disciplinary fine; furthermore, they may be brought before the competent authority by the police.

The provisions governing default procedure are reserved.

During a police investigation, the police may summon individuals without specific formalities or deadlines for the purpose of questioning them, establishing their identity, or recording their identifying data.

Anyone who does not comply with a police summons may be subject to an arrest warrant issued by the public prosecutor if they have been warned in writing of this measure.

A warrant for arrest may be issued for any person: a. who has not complied with a summons to appear; b. who, based on concrete evidence, is presumed not to comply with a summons to appear; c. whose immediate appearance is essential for the procedure in the case of a felony or misdemeanor; d. who is strongly suspected of having committed a felony or misdemeanor and for whom there are grounds for detention.

The warrant for arrest is issued by the procedural authority.

The arrest warrant shall be issued in writing. In urgent cases, it may be issued orally; however, it must subsequently be confirmed in writing.

The arrest warrant shall contain the same information as the summons and shall also expressly authorize the police to use force if necessary and to enter buildings, residences, and other non-public premises to execute the warrant.

The police execute the arrest warrant with the utmost consideration for the individuals concerned.

They present the arrest warrant to the person in question and bring them before the authority immediately or at the time specified in the warrant.

The authority informs the person brought in, without delay and in a language they understand, of the reason for the arrest warrant, executes the procedural act, and then releases them immediately unless it proposes to order provisional detention or detention for security reasons.

The public prosecutor, the competent penal authorities for contraventions, and the courts may order searches for persons whose whereabouts are unknown and whose presence is necessary for the conduct of the proceedings. In cases of urgency, the police may themselves issue a search notice.

If the accused is strongly suspected of having committed a crime or an offense and there are grounds to presume reasons for detention, the authority may issue a search notice to arrest him and bring him before the competent authority (arrest warrant).

Unless the public prosecutor, the penal authority for contraventions, or the court decides otherwise, it is the responsibility of the police to execute the search notice.

Paragraphs 1 to 3 apply by analogy to the search for objects and assets. In the context of the preliminary procedure, the police may themselves initiate a search for objects or assets.

The public may be called upon to participate in the investigations.

The Confederation and the cantons may issue provisions regarding the rewards that can be granted to individuals who have made a significant contribution to the investigations.

The accused remains at liberty. He may only be subjected to coercive measures resulting in deprivation of liberty within the limits of the provisions of this code.

Coercive measures resulting in deprivation of liberty must be lifted as soon as: a. the conditions for their application are no longer fulfilled; b. the duration provided for by this code or set by a court has expired; c. alternative measures can achieve the same purpose.

Preventive detention and detention for security reasons must not last longer than the foreseeable custodial sentence.

If it is necessary to enter buildings, dwellings, or other non-public premises to apprehend or arrest a person, the provisions concerning search shall apply.

In cases of imminent danger, the police may enter premises without a search warrant.

If a person is temporarily arrested or placed in pre-trial detention or detention for security reasons, the competent criminal authority shall immediately inform: a. their close relatives; b. upon the request of the person concerned, their employer or the foreign representation to which they belong.

The information shall not be communicated if the purpose of the investigation prohibits it or if the person concerned expressly opposes it.

If a person dependent on the accused faces difficulties as a result of coercive measures leading to deprivation of liberty, the criminal authority shall inform the competent social services.

Unless the victim has expressly opposed it, they shall be informed of the pre-trial detention or detention for security reasons of the accused, or of a substitute measure in the sense of Art. 237, para. 2, let. c or g, their release from this coercive measure, or their escape. The authority may refrain from informing the victim of the release of the accused if this information could expose the accused to serious danger.

To elucidate an offense, the police may apprehend a person and, if necessary, escort them to the station for the following purposes: a. to establish their identity; b. to conduct a brief interrogation; c. to determine if they have committed an offense; d. to determine if investigations should be undertaken regarding them or objects in their possession.

The police may require the apprehended person to: a. state their identity; b. produce identification papers; c. present the objects they are carrying with them; d. open their luggage or vehicle.

The police may request assistance from private individuals when apprehending a person.

If there are serious indications that offenses are being committed or that defendants are present at a specific location, the police may block exits and, if applicable, apprehend the individuals present.

In urgent situations, the police are authorized to pursue and apprehend a suspect within the territory of another municipality, another canton, or, within the limits set by international treaties, on the territory of a foreign state.

If the apprehended person is to be arrested, they shall be handed over without delay to the competent authority of the place of apprehension.

The police are required to provisionally arrest and take into custody any person: a. caught in the act of committing a felony or misdemeanor or apprehended immediately after such an act; b. who has been reported.

The police may provisionally arrest and take into custody any person suspected, based on an investigation or other reliable information, of having committed a felony or misdemeanor.

They may provisionally arrest and take into custody any person caught in the act of committing a contravention or intercepted immediately after such an act if: a. the person refuses to reveal their identity; b. the person does not reside in Switzerland and does not immediately provide security for the fine incurred; c. the arrest is necessary to prevent the person from committing further contraventions.

When police assistance cannot be obtained in time, a private individual has the right to provisionally arrest a person in the following cases: a. the individual has caught such person in the act of committing a crime or misdemeanor or has intercepted them immediately after such an act; b. the public has been called upon to assist in the search for this person.

During an arrest, private individuals may only use force within the limits set forth in Art. 200.

The arrested person must be handed over to the police as soon as possible.

The police shall immediately ascertain the identity of the arrested person following the arrest, inform them in a language they understand of the reasons for the arrest, and advise them of their rights in accordance with Art. 158. The police shall then promptly notify the public prosecutor's office of the arrest.

Pursuant to Art. 159, the police shall then question the arrested person about the facts they are suspected of and immediately conduct the necessary investigations to confirm or dismiss the suspicions and grounds for detention.

If it becomes apparent from the investigations that there are no longer grounds for detention, the arrested person is to be released immediately. If the investigations confirm the suspicions as well as grounds for detention, the police shall bring the person without delay before the public prosecutor.

A person provisionally arrested shall be released or brought before the public prosecutor no later than after 24 hours; if the provisional arrest followed an apprehension, the duration of the apprehension shall be deducted from these 24 hours.

When a person is provisionally arrested for one of the reasons cited in Art. 217, para. 3, and needs to be held at the station for more than three hours, the extension of the detention must be ordered by members of the police force authorized by the Confederation or by the canton.

Pre-trial detention begins at the moment the court of compulsion orders it and ends when the indictment is submitted to the court of first instance, the accused is released during the investigation, or he begins to serve his custodial sentence early.

Detention for security reasons begins when the indictment is submitted to the court of first instance and ends when the judgment becomes final, the accused begins to serve his custodial sentence, is released, or the deportation is executed.

Preventive detention and detention for safety reasons may only be ordered when the accused is strongly suspected of having committed a crime or an offense and there is a serious reason to fear: a. that he will evade criminal proceedings or the predictable sanction by fleeing; b. that he will compromise the search for truth by exerting influence on persons or by altering evidence; c. that he will seriously and imminently endanger the safety of others by committing serious crimes or offenses after having already committed similar offenses.

Preventive detention and detention for safety reasons may exceptionally be ordered, under the following conditions: a. the accused is strongly suspected of having seriously harmed the physical, mental, or sexual integrity of others by committing a crime or a serious offense; b. there is a serious and imminent danger that he will commit a serious crime of the same kind.

Detention may also be ordered if there is a serious and imminent danger that a person will act after threatening to commit a serious crime.

Only the detainee may challenge before the appellate authority decisions ordering pre-trial detention or detention for security reasons, as well as the extension or termination of such detention. Art. 233 is reserved.

During the detention proceedings, counsel may be present at the hearings of the defendant and at the administration of additional evidence.

Any defendant may communicate at any time and without supervision with their counsel, whether orally or in writing, during the detention proceedings before the public prosecutor and the courts.

The public prosecutor shall interrogate the accused without delay and provide them with the opportunity to express their views on the suspicions and grounds for detention held against them. The prosecutor immediately proceeds to the administration of readily available evidence likely to confirm or dismiss the suspicions and grounds for detention.

If the suspicions and grounds for detention are confirmed, the public prosecutor shall propose to the court coercive measures, without delay and no later than 48 hours from the time of arrest, to order provisional detention or an alternative measure. The public prosecutor submits the request in writing, briefly explains the grounds, and attaches the essential documents of the case file.

If the public prosecutor decides not to propose provisional detention, they shall order the immediate release of the accused. If a substitute measure is proposed, the prosecutor shall take the necessary protective measures.

Immediately after receiving the public prosecutor's request, the Compulsory Measures Court summons the public prosecutor, the accused, and his or her defense counsel to a closed hearing; it may compel the public prosecutor to participate.

Upon request and before the hearing, the Compulsory Measures Court grants the accused and his or her defense counsel the right to review the file in its possession.

Anyone who, for valid reasons, does not appear at the hearing may submit written statements or refer to previous writings.

The Compulsory Measures Court collects immediately available evidence that may confirm or dismiss the suspicions and grounds for detention.

If the accused expressly waives an oral hearing, the Compulsory Measures Court may rule in writing based on the public prosecutor's request and the accused's statements.

The court of compulsory measures shall decide immediately, but no later than 48 hours after receiving the request.

It shall immediately communicate its decision verbally to the public prosecutor, the accused, and their defense counsel, or in writing if they are absent. The decision shall also be notified to them in writing with a brief statement of reasons.

If it orders pre-trial detention, the court of compulsory measures shall inform the accused that they may request release at any time.

In its decision, it may: a. set the maximum duration of the pre-trial detention; b. oblige the public prosecutor to carry out certain procedural acts; c. order a substitute measure instead of pre-trial detention.

If the court of compulsory measures does not order pre-trial detention, the accused shall be released immediately.

Upon the expiration of the duration of pre-trial detention set by the coercive measures court, the public prosecutor may request an extension of the detention. If the duration of the detention is not limited, the request must be submitted within three months from the start of the detention.

The public prosecutor submits the written and reasoned request for extension to the coercive measures court no later than four days before the end of the detention period, and attaches the essential parts of the case file.

The coercive measures court grants the detainee and their defense the right to consult the file in its possession and gives them a three-day period to express their opinion in writing on the request for extension.

It may order an extension of the pre-trial detention until it has made a decision.

The coercive measures court decides no later than five days after receiving the response or the expiration of the deadline set in para. 3. It may require the public prosecutor to carry out certain procedural acts or order a substitute measure.

As a general rule, the procedure takes place in writing; however, the coercive measures court may order a hearing, which is conducted in camera.

Pre-trial detention may be extended multiple times, each time for a maximum of three months and, in exceptional cases, a maximum of six months.

The accused may at any time file a request for release with the public prosecutor, either in writing or orally for inclusion in the official record, subject to paragraph 5. The request must be briefly substantiated.

If the public prosecutor responds favorably to the accused's request, they shall order the immediate release of the accused. If they do not intend to grant the request, they shall forward it to the compulsory measures court no later than three days from its receipt, accompanied by a reasoned statement.

The compulsory measures court notifies the accused and their defense attorney of the public prosecutor's position and allows them a period of three days to submit a reply.

The court shall decide in camera within five days following the receipt of the reply or the expiration of the period set in paragraph 3. If the accused expressly waives a hearing, the decision may be rendered in written proceedings. Additionally, Art. 226, paras. 2 to 5, shall apply mutatis mutandis.

In its decision, the compulsory measures court may set a period of no more than one month during which the accused is not allowed to file a request for release.

Upon written request by the public prosecutor, the coercive measures court decides on detention for security reasons when it follows preliminary detention.

When the grounds for detention appear only after the filing of the indictment, the procedural leadership of the court of first instance executes the detention procedure by applying Art. 224 by analogy and requests the coercive measures court to order detention for security reasons.

The following apply by analogy to the procedure before the coercive measures court: a. Articles 225 and 226, when there has been no prior preliminary detention; b. Article 227, when there has been prior preliminary detention.

During the first instance proceedings, the accused and the public prosecutor may submit a request for release.

The request must be addressed to the procedure management of the court of first instance.

If the procedure management grants the request, it orders the immediate release of the accused. If it does not intend to grant the request, it forwards it to the compulsory measures court for a decision.

With the agreement of the public prosecutor, the procedure management of the court of first instance may itself order the release. In case of disagreement by the public prosecutor, the compulsory measures court decides.

Moreover, Art. 228 applies by analogy.

At the time of judgment, the court of first instance determines whether the accused, who has been convicted, should be placed or kept in detention for security reasons: a. to ensure the execution of the penalty or measure pronounced; b. in anticipation of the appeal procedure.

If the accused in detention is acquitted and the court of first instance orders their release, the public prosecutor may: a. request that the court of first instance impose measures on the release of the acquitted person, with the threat of penalty provided in Art. 292 of the Penal Code, to ensure their presence at the appeal procedure. The acquitted person and the public prosecutor may challenge the decisions relating to the imposition of measures before the appeal authority; b. request, through the court of first instance, that the direction of the proceedings in the appellate jurisdiction extend their detention for security reasons if there is a serious and imminent danger that they might gravely and imminently compromise the safety of others through serious crimes or offenses. In such a case, the person concerned remains in detention until the direction of the proceedings in the appellate jurisdiction has decided. The latter rules on the public prosecutor's request within five days from the filing of the request.

If the appeal is subsequently withdrawn, the court of first instance decides on the crediting of detention suffered after the judgment.

If grounds for detention only emerge during proceedings before the appellate court, the procedural authority shall immediately have the accused brought by the police and interrogated.

The procedural authority of the appellate court shall decide within 48 hours from the time the accused is brought before it; its decision is not subject to appeal.

The procedural management of the appellate court shall rule on requests for release within five days; its decision is not subject to appeal.

As a rule, pre-trial detention and detention for security reasons are carried out in facilities reserved for this purpose and which only serve for the execution of short-term custodial sentences.

The competent cantonal authority may place the accused in detention in a hospital or psychiatric clinic when medical reasons require it.

The liberty of detainees may only be restricted to the extent required by the purpose of the detention and by the order and security of the facility.

Any contact between the detainee and third parties is subject to the authorization of the procedural authority. Visits are monitored if necessary.

The procedural authority supervises incoming and outgoing mail, except for correspondence exchanged with supervisory authorities and criminal authorities. During detention for security reasons, this task may be entrusted to the public prosecutor's office.

The detainee may communicate freely with their legal counsel without the content of their exchanges being monitored. If there is a founded risk of abuse, the procedural authority may, with the consent of the court of coercive measures, temporarily limit the relations between the detainee and their legal counsel; prior notice of such limitations must be given.

The cantons regulate the rights and obligations of detainees, their rights of appeal, disciplinary measures, as well as the supervision of detention facilities.

The procedural authorities may authorize the accused to begin serving a custodial sentence or a custody-imposing measure in advance, provided that the stage of the proceedings allows for it and the purpose of pre-trial detention or detention for security reasons does not oppose it.

If charges have already been filed, the procedural authorities shall give the public prosecutor the opportunity to express an opinion.

The Confederation and the cantons may stipulate that early execution of measures is subject to the consent of the execution authorities.

Upon the accused's entry into the facility, the execution of the sentence or measure begins and the accused is subjected to the execution regime.

The competent court shall order one or more less severe measures in place of pre-trial detention or detention for security reasons if these measures achieve the same purpose as detention.

The alternative measures include, in particular: a. the provision of securities; b. the seizure of identity documents and other official documents; c. house arrest or prohibition from visiting a certain place or premises; d. the obligation to regularly report to an administrative service; e. the obligation to maintain regular employment; f. the obligation to undergo medical treatment or controls; g. the prohibition from maintaining contact with certain persons.

To monitor the execution of these measures, the court may order the use of technical devices that can be attached to the person under surveillance.

The provisions on pre-trial detention and detention for security reasons shall apply mutatis mutandis to the imposition of alternative measures and appeals against them.

The court may, at any time, revoke the alternative measures, order others, or impose pre-trial detention or detention for security reasons if new facts require it or if the accused does not comply with the imposed obligations.

If there is a risk of flight, the court may require the accused to deposit a sum of money to ensure that they will appear for procedural acts and comply with the execution of a custodial sentence.

The amount of the security depends on the severity of the charges against the accused and their personal situation.

The security may consist of a cash deposit or a guarantee provided by a bank or an insurance company established in Switzerland.

Securities are released as soon as: a. the reason for detention has ceased; b. the criminal proceedings are concluded by a non-appealable dismissal order or acquittal; c. the accused has begun serving a custodial sentence.

Securities provided by the accused that have been released may be used to pay monetary penalties, fines, costs, and compensation imposed on them.

The authority seized of the case or which was last seized rules on the release of securities.

If the accused evades the proceedings or the execution of a custodial sentence, the securities are allocated to the Confederation or the canton to which the court ordering their provision belongs.

When a third party has provided the securities, the authority may waive their allocation if the third party has provided the authorities, in a timely manner, with information that could have led to the apprehension of the accused.

The authority seized of the case or the one last seized shall rule on the allocation of the securities.

By analogy with Art. 73 of the Swiss Criminal Code, the allocated securities serve to cover the claims of the injured party and, if a balance remains, monetary penalties, fines, and procedural costs. Any remaining balance becomes the property of the Confederation or the canton.

Searches, bodily searches, and examinations require a written warrant. In cases of urgency, these measures may be ordered orally but must be confirmed in writing.

The warrant specifies: a. the person to be searched or the premises, documents, or objects to be examined; b. the purpose of the measure; c. the authorities or individuals responsible for execution.

In cases of imminent danger, the police may order the examination of body openings and cavities that cannot be inspected without the aid of an instrument and conduct searches without a warrant; in such cases, they must immediately inform the competent criminal authority.

The police may search an apprehended or arrested person, particularly to ensure the safety of individuals.

The executing authority or the person tasked with the execution shall take the necessary conservatory measures to ensure the measure achieves its purpose.

They may prohibit individuals from leaving during the search, frisk, or examination.

Traces and objects discovered incidentally that are unrelated to the offense but suggest the commission of other offenses shall be secured.

The objects, along with a report, are transmitted to the procedure management, which decides on the continuation of the procedure.

Buildings, dwellings, and other non-public premises may only be searched with the consent of the entitled party.

The consent of the entitled party is not required if there is reason to presume that, on these premises: a. are located wanted persons; b. are located traces, objects, or assets liable to seizure; c. offenses are being committed.

At the beginning of the search, the individuals tasked with the execution present the search warrant. If present, the holders of the premises subject to the search are required to attend. If they are absent, the authority shall, if possible, enlist an adult family member or another suitable person.

Written documents, audio recordings, video recordings, and other types of recordings, as well as computer data carriers and equipment intended for the processing and recording of information, may be subject to a search when there is reason to presume that they contain information that may be seized.

The holder may express their opinion on the content of the documents and recordings that are subject to a search beforehand.

The authority may call upon an expert to examine the content of the documents and recordings, in particular to separate those whose content is protected from others.

The holder may provide the criminal authorities with copies of the relevant documents and recordings, as well as prints of the recorded information, if this suffices for the needs of the procedure.

If the holder opposes the seizure of certain documents, recordings, or other objects under Art. 264, the criminal authority seals them. The holder must request the sealing within three days following the safeguarding. During this period and after a possible sealing, the documents, recordings, and other objects cannot be examined or utilized by the criminal authority.

As soon as the criminal authority determines that the holder is not the rightful owner, it gives the latter the opportunity to request, within a three-day period, the sealing of the documents, recordings, or other objects.

If the criminal authority does not request the lifting of the seals within 20 days, the sealed documents, recordings, and other objects are returned to the holder.

If the criminal authority requests the lifting of seals, the following authorities are competent to decide on the request: a. the coercive measures court, within the framework of the preliminary procedure and the procedure before the court of first instance; b. the procedural management of the court seized of the case, in other instances.

If, after receiving the request to lift the seals, the court finds that the holder is not the entitled party, it informs the entitled party of the sealing of the documents, recordings, or other items. Upon request by the entitled party, it grants the right to consult the file.

The court sets a non-extendable deadline of ten days for the entitled party to oppose the request to lift the seals and to indicate to what extent they wish the seals to be maintained. Failure to respond is deemed as a withdrawal of the sealing request.

When the matter is ready for adjudication, the court makes a final decision in written proceedings within ten days following the receipt of the response.

Otherwise, it summons the public prosecutor and the entitled party to a closed hearing within 30 days following the receipt of the response. The entitled party must make plausible the reasons for and the extent to which the documents, recordings, or other items should remain sealed. The court decides promptly and conclusively.

The court may: a. engage an expert to examine the content of the documents, recordings, and other items, to access them, or to ensure their integrity; b. appoint members of the police force as experts to access the content of the documents, recordings, and other items or to ensure their integrity.

If the entitled party, without excuse, fails to appear at the hearing and is not represented, the sealing request is deemed withdrawn. If the public prosecutor does not appear, the court proceeds in their absence.

Persons and objects may not be searched without the consent of the parties concerned unless there are grounds to assume that traces of the offense or objects or assets liable to be seized may be discovered.

The search of a person includes the examination of the clothes worn, objects and luggage carried, the vehicle used, the surface of the body, as well as orifices and body cavities that can be examined without the aid of an instrument.

Unless there is urgency, the search of intimate parts must be conducted by a person of the same sex or by a physician.

The examination of the person includes the examination of the physical or mental state of the accused.

This examination may occur: a. to establish the facts; b. to assess the responsibility of the accused, as well as their ability to participate in proceedings and to endure detention.

Interventions affecting the corporal integrity of the accused may be ordered if they do not cause particular pain or harm to their health.

A person who does not have the status of an accused may not undergo an examination of their person or an intervention affecting their corporal integrity against their will unless such interventions do not cause particular pain or harm to their health and it is an indispensable measure to elucidate an offense as defined in Arts. 111 to 113, 122, 124, 140, 184, 185, 187, 189, 190, or 191 of the Criminal Code.

To determine driving incapacity, the police may: a. conduct a breath test; b. order a blood sample and analysis of the sample in cases where federal law prescribes a blood analysis; c. order the collection of urine and analysis of the sample.

The examination of the person and interventions affecting bodily integrity are carried out by a physician or a medical assistant.

If, upon a death, there are indications suggesting that the death is not due to natural causes, particularly that an offense has been committed, or if the deceased's identity is unknown, the public prosecutor shall order an initial examination of the body by a forensic doctor to determine the cause of death or to identify the deceased.

If an initial examination of the body reveals no indication of an offense and the identity of the deceased is known, the public prosecutor authorizes the release of the body.

In the contrary case, the public prosecutor orders the securing of the body and further examinations by a forensic institute or, if necessary, an autopsy. The prosecutor may order the retention of the body or certain parts thereof for examination purposes.

The cantons designate the medical staff members required to report cases of suspicious deaths to the criminal authorities.

When it seems necessary to clarify an offense, the competent criminal authority may order the exhumation of a corpse or the opening of a funeral urn.

To elucidate the crime or misdemeanor on which the procedure is based, the collection of a sample and the establishment of a DNA profile may be ordered for: a. the accused; b. other persons, notably victims and individuals authorized to be at the crime scene if it is necessary to distinguish their biological material from that of the accused; c. deceased persons; d. biological material related to the offense.

The collection of a sample and the establishment of a DNA profile may also be ordered for the accused if concrete evidence suggests they may have committed other crimes or misdemeanors.

The police may order: a. the non-invasive collection of samples; b. the establishment of a DNA profile from biological material related to the offense.

If only the Y chromosome DNA profile can be established from the biological material related to the offense, the public prosecutor may, to elucidate a crime, order the comparison of this profile within the information system referred to in Art. 10 of the DNA Profiles Act of June 20, 2003.

In order to elucidate a crime, the court of coercive measures may, at the request of the public prosecutor, order the collection of samples from persons displaying specific characteristics identified in relation to the commission of the act, for the purpose of establishing their DNA profile. The circle of individuals from whom samples are to be collected can be further narrowed by means of phenotyping as per Art. 258b.

If the comparison of profiles as referred to in para. 1 does not yield any match, the court of coercive measures may, at the request of the public prosecutor, order that the investigation continue by examining the existence of a familial relationship with the trace donor.

In the judgment rendered, the court may order the collection of a sample and the establishment of a DNA profile from a person convicted of a crime or an offense if concrete indications suggest that the person might commit other crimes or offenses.

Invasive sample collection must be performed by a physician or a medical assistant.

In order to investigate one of the crimes listed in Arts. 111 to 113, 118 para. 2, 122, 124, 140, 156 paras. 2 to 4, 182, 184, 185, 187, 189 paras. 1 and 3, 190 paras. 1 and 3, 191, 260 ter, or 264 to 264 l of the Criminal Code, a kinship search within the meaning of Art. 2a of the Federal Act of 20 June 2003 on DNA Profiles may be ordered if the measures taken up to that point within the framework of the investigation have been unsuccessful or if the searches would have no chance of success or would be excessively difficult.

Phenotyping as defined in Art. 2(b) of the Federal Act on DNA Profiles of June 20, 2003, may be ordered to elucidate any of the crimes specified in Arts. 111 to 113, 118 para. 2, 122, 124, 140, 156 paras. 2 to 4, 182, 184, 185, 187, 189 paras. 1 and 3, 190 paras. 1 and 3, 191, 260 ter, or 264 to 264 l of the Criminal Code (CC).

Furthermore, the Act of 20 June 2003 on DNA Profiles is applicable.

The collection of a person's identification data refers to the recording of that person's physical characteristics and the taking of fingerprints from certain parts of their body.

The police, the public prosecutor's office, the courts, and, in cases of urgency, the procedural director of the courts may order the collection of a person's identification data.

The collection of identification data is subject to a written warrant, briefly justified. In urgent cases, it may be ordered orally but must be confirmed in writing and justified.

If the person concerned refuses to comply with the police order, the public prosecutor rules on the matter.

The identification data of a suspect may be retained outside of the procedure file and, if sufficient suspicions suggest a likelihood of reoffending, be used: a. until the expiration of the period set for the deletion of DNA profiles by Articles 16 to 18 of the DNA Profiles Act of June 20, 2003, or b. in the case of a conviction for an infraction, for 5 years from the date of the judgment, provided it has become final.

The identification data of persons who do not have the status of suspect must be destroyed as soon as the procedure against the suspect is closed or is subject to an order of dismissal or non-admission.

If it becomes apparent before the expiration of the deadlines provided for in para. 1 that the retention and use of the identification data no longer serve any interest, such data are destroyed.

An accused, a witness, or a person called upon to provide information may be compelled to provide a handwriting or voice sample for the purpose of a comparative examination.

Individuals who refuse to provide such a sample may be punished with a disciplinary fine, with the exception of the accused and persons who have the right to refuse to testify or provide evidence, within the limits of this right.

Objects and assets belonging to the accused or to third parties can be seized if it is probable that: a. they will be used as evidence; b. they will be used to guarantee the payment of procedural costs, monetary penalties, fines, and compensation; c. they will have to be returned to the injured party; d. they will have to be confiscated; e. they will be used to cover compensatory claims of the State according to Art. 71 of the Criminal Code.

The seizure is ordered by means of a written, briefly motivated order. In urgent cases, it may be ordered orally; however, subsequently, the order must be confirmed in writing.

When there is a risk in delay, the police or private individuals can provisionally secure objects and assets for the attention of the public prosecutor or the court.

Regardless of their location or when they were created, the following cannot be seized: a. documents concerning communications between the accused and their defense counsel; b. the personal documents and correspondence of the accused, if the interest in protecting the individual's personality outweighs the interest in criminal prosecution; c. objects and documents concerning communications between the accused and a person who has the right to refuse to testify under Articles 170 to 173, provided that this person does not have the status of an accused in the same case; d. objects and documents concerning communications between another person and their lawyer, if the latter is authorized to practice legal representation under the Law of June 23, 2000, on Lawyers and does not have the status of an accused in the same case.

The restrictions provided for in para. 1 do not apply to objects or assets that must be seized with a view to restitution to the injured party or confiscation.

If the holder objects to the seizure of objects or assets, the criminal authorities shall proceed in accordance with the provisions governing the sealing process.

The holder of objects or property values that must be confiscated is subject to the obligation to surrender.

The following are not subject to the obligation to surrender: a. the accused; b. persons who have the right to refuse to submit or to testify, within the limits of this right; c. companies, if making a surrender is likely to implicate them to the extent that they themselves: 1. could be held criminally liable, 2. could be held civilly liable, and where the interest in ensuring their protection outweighs the interest of the criminal procedure.

The criminal authority may summon persons required to make a surrender to comply within a certain deadline, under threat of the penalty stipulated in Art. 292 of the Swiss Criminal Code or a disciplinary fine.

The use of coercive measures is only possible if the holder has refused to proceed with the surrender or if there is reason to believe that the summons to surrender would thwart the measure.

The criminal authority certifies in the sequestration order or in a separate receipt the delivery of the seized objects and assets.

It prepares an inventory of the seized objects and assets and preserves them appropriately.

If real estate is seized, a restriction on the right to dispose of it is ordered and noted in the land register.

The seizure of a claim is notified to the debtors, who are informed that payment to the creditor does not extinguish the debt.

Objects subject to rapid depreciation or expensive maintenance, as well as securities and other assets traded on the stock exchange or market, can be realized immediately according to the provisions of the Federal Law of 11 April 1889 on Debt Collection and Bankruptcy. The proceeds are subject to sequestration.

The Federal Council regulates the placement of the seized assets.

If the reason for the seizure ceases to exist, the public prosecutor or the court shall lift the measure and return the objects and assets to the entitled person.

If it is undisputed that objects or assets were directly taken from a determined person as a result of the offense, the criminal authority shall return them to the entitled person before the conclusion of the proceedings.

The return to the entitled person of seized objects and assets that have not previously been released, their use to cover expenses, or their confiscation is decided in the final judgment.

If multiple persons claim the objects or assets to be released, the court may decide on their allocation.

The criminal authority may allocate the objects or assets to one person and set a deadline for other claimants to initiate civil proceedings.

If the entitled person is unknown when the seizure is lifted, the public prosecutor or the court shall publish the list of seized objects and assets so that the concerned persons can assert their rights. If within five years following the publication, no one asserts rights over the seized objects and assets, they shall be acquired by the canton or the Confederation.

The assets of an accused person may be seized to the extent deemed necessary to cover: a. procedural costs and compensations to be paid; b. fines and monetary penalties.

When executing the seizure, the criminal authority shall take into account the income and assets of the accused and their family.

Assets that are non-seizable pursuant to Articles 92 to 94 of the Federal Act of 11 April 1889 on Debt Enforcement and Bankruptcy are excluded from seizure.

The public prosecutor may order the surveillance of correspondence by post and telecommunications under the following conditions: a. there are strong suspicions that one of the offenses listed in para. 2 has been committed; b. this measure is justified in view of the seriousness of the offense; c. the measures taken so far in the investigation have been unsuccessful, or the investigation would stand no chance of success or would be excessively difficult without surveillance.

Surveillance may be ordered for the purpose of prosecuting offenses covered by the following provisions: a. CC: art. 111 to 113, 115, 118, para. 2, 122, 124, 127, 129, 135, 138 to 140, 143, 144, para. 3, 144 bis, sec. 1, para. 2, and sec. 2, para. 2, 146 to 148, 156, 157, sec. 2, 158, sec. 1, para. 3, and sec. 2, 160, 163, sec. 1, 180 to 185 bis, 187, 188, 189 to 191, 193, 193 a, 195 to 197, 220, 221, para. 1 and 2, 223, sec. 1, 224, para. 1, 226 to 226 ter, 227, sec. 1, para. 1, 228, sec. 1, para. 1, 230 bis, 231, 232, sec. 1, 233, sec. 1, 234, para. 1, 237, sec. 1, 240, para. 1, 242, 244, 251, sec. 1, 258, 259, para. 1, 260 bis to 260 sexies, 261 bis, 264 to 267, 271, 272, sec. 2, 273, 274, sec. 1, para. 2, 285, 301, 303, sec. 1, 305, 305 bis, sec. 2, 310, 312, 314, 317, sec. 1, 319, 322 ter, 322 quater and 322 septies; b. Federal Act on Foreign Nationals and Integration of December 16, 2005: art. 116, para. 3, and 118, para. 3; c. Federal Act of June 22, 2001, relating to the Hague Convention on Adoption and Measures for the Protection of Children in Cases of International Adoption: art. 24; d. Federal Act on War Material of December 13, 1996: art. 33, para. 2, and 34 to 35 b; e. Nuclear Energy Act of March 21, 2003: art. 88, para. 1 and 2, 89, para. 1 and 2, and 90, para. 1; f. Narcotics Act: art. 19, para. 2, and 20, para. 2; g. Environmental Protection Act of October 7, 1983: art. 60, para. 1, lit. g to i, m, and o, and 1 bis; h. Federal Act on Goods Control of December 13, 1996: art. 14, para. 2; i. Sports Promotion Act of June 17, 2011: art. 22, para. 2, and 25 a, para. 3; j. Financial Market Infrastructure Act of June 19, 2015: art. 154 and 155; k. Weapons Act of June 20, 1997: art. 33, para. 3; l. Therapeutic Products Act of December 15, 2000: art. 86, para. 2 and 3; m. Federal Act on Gambling of September 29, 2017: art. 130, para. 2, for offenses referred to in art. 130, para. 1, lit. a; n. Federal Act on Intelligence of September 25, 2015: art. 74, para. 4.

When the judgment of an offense falling under a military jurisdiction is delegated to a civil court, the surveillance of correspondence by post and telecommunications may also be ordered for the purpose of prosecuting the offenses listed in art. 70, para. 2, of the Military Criminal Procedure of March 23, 1979.

The public prosecutor may order the use of special technical devices for the surveillance of telecommunications correspondence that allow for listening to or recording conversations, or for identifying or locating a person or an object under the following conditions: a. the conditions set forth in Art. 269 are fulfilled; b. the surveillance measures of telecommunications correspondence as per Art. 269 taken up to that point have been unsuccessful, or such measures would have no chance of succeeding or would render the surveillance excessively difficult; c. the necessary authorizations in accordance with telecommunications law have been obtained prior to the use of these devices. The public prosecutor maintains a record of these surveillances. The Federal Council regulates the details.

Only special software programs that generate a complete and unalterable record of the surveillance may be used. The record is attached to the case file.

The transfer of data from the monitored computer system to the competent criminal prosecution authority is secured.

The criminal prosecution authority ensures that the source code can be reviewed to verify that the program contains only functions permitted by law.

The public prosecutor may order the implementation of special computer programs for monitoring telecommunications correspondence within a computer system for the purpose of intercepting and transferring the content of communications and the secondary telecommunications data in an unencrypted form under the following conditions: a. the conditions set forth in Art. 269, paras. 1 and 3, are met; b. it concerns the prosecution of one of the offenses mentioned in Art. 286, para. 2; c. the telecommunications correspondence surveillance measures pursuant to Art. 269 conducted so far have been unsuccessful, or these measures would have no chance of success or would render surveillance excessively difficult.

In its surveillance order, the public prosecutor indicates: a. the type of data they wish to obtain; b. any non-public premises where it is necessary to enter in order to implement special computer programs for monitoring telecommunications correspondence within the considered computer system.

Data not targeted by para. 1 and collected through such computer programs must be immediately destroyed. The information gathered using this data cannot be exploited.

The public prosecutor maintains statistics on these surveillances. The Federal Council regulates the modalities.

Subject to surveillance can be correspondence by mail and telecommunications: a. of the accused; b. of a third party, if certain facts suggest: 1. that the accused is using the postal address or telecommunications service of the third party, 2. that the third party receives certain communications on behalf of the accused or communications originating from the accused, which they are tasked with transmitting to other persons.

In the event of surveillance of a person belonging to one of the professional categories listed in Arts. 170 to 173, the sorting of information that is not related to the object of the investigation or the reason for which the person concerned is being monitored must be conducted under the direction of a court. This sorting must be carried out in such a way that the criminal prosecution authorities have no knowledge of any professional secret. Discarded data must be destroyed immediately; they cannot be exploited.

The preliminary sorting of information referred to in para. 1 must not be carried out when: a. serious suspicions rest upon the holder of the professional secret, and b. particular reasons require it.

In the case of surveillance of other persons, as soon as it is established that they are communicating with one of the persons mentioned in Arts. 170 to 173, a sorting of information related to communications with this person must be undertaken according to the procedures set forth in para. 1. Information regarding which one of the persons mentioned in Arts. 170 to 173 might refuse to testify must be removed from the case file of the criminal proceedings and destroyed immediately; they cannot be exploited.

The monitoring of correspondence by post and telecommunications is subject to the authorization of the compulsory measures court.

If the investigation establishes that the person under surveillance frequently changes telecommunication services, the compulsory measures court may exceptionally authorize that each identified service used by this person be monitored without new authorization (framework authorization). The public prosecutor submits a report for approval to the compulsory measures court every month, as well as after the lifting of the surveillance.

When the monitoring of a service subject to a framework authorization requires precautionary measures not included in this authorization for the purpose of protecting professional secrecy, this monitoring must be the subject of a separate authorization request to the compulsory measures court.

When there are strong suspicions indicating that a crime or offense has been committed and the conditions outlined in Art. 269, para. 1, let. b and c, are met, the public prosecutor may request the provision of: a. the telecommunication secondary data within the meaning of Art. 8, let. b, of the Federal Act of 18 March 2016 on the Surveillance of Postal and Telecommunications Correspondence (SPTCA) relating to the accused, to a third party within the meaning of Art. 270, let. b, of this code, or to the injured party; b. the postal secondary data within the meaning of Art. 19, para. 1, let. b, SPTCA relating to the accused or to a third party within the meaning of Art. 270, let. b, of this code.

The surveillance order is subject to authorization from the compulsory measures court.

The data mentioned in para. 1 may be requested retroactively for a period of up to six months, regardless of the duration of the surveillance.

The public prosecutor shall, within 24 hours from the time the surveillance was ordered or the information provided, transmit the following documents to the coercive measures court: a. the surveillance order; b. a statement of reasons and the relevant documents from the file that are critical for the authorization of surveillance.

The coercive measures court shall decide within five days from the moment the surveillance was ordered or the information provided, briefly stating the reasons for its decision. It may provisionally authorize the surveillance, attach conditions to the authorization, or request that the file be completed or further clarifications be provided.

The coercive measures court shall immediately communicate its decision to the public prosecutor and the service responsible for the surveillance of postal and telecommunications correspondence in accordance with Art. 3 LSCTP.

The authorization expressly indicates: a. the measures intended to protect professional secrecy that must be taken; b. whether it is permissible to enter a non-public area to introduce special computer programs for the surveillance of telecommunications correspondence into the targeted computer system.

The coercive measures court grants the authorization for a maximum of three months. The authorization can only be extended for periods not exceeding three months. If the extension of the surveillance is necessary, the public prosecutor must request it before the expiration of the deadline, providing the reasons.

The public prosecutor shall immediately terminate surveillance in the following cases: a. the conditions required for its application are no longer met; b. the authorization or its extension has been denied.

In the case referred to in para. 1, let. a, the public prosecutor shall notify the coercive measures court of the termination of the surveillance.

Documents and recordings collected during duly authorized surveillance that are not required for the procedure must be kept separately and destroyed immediately after the conclusion of the proceedings.

Postal items may be secured for as long as the criminal proceedings require; they must be handed over to their recipients as soon as the stage of the proceedings allows.

Documents and recordings collected during unauthorized surveillance must be immediately destroyed. Postal items must be promptly delivered to their recipients.

Information collected during the surveillance may not be used.

If, during surveillance, offenses other than those specified in the surveillance order are discovered, the information obtained may be used against the accused when surveillance could have been ordered for the prosecution of these acts.

If, during surveillance as defined in Arts. 35 and 36 LSCPT, infractions are discovered, the collected information may be used under the conditions set out in paras. 2 and 3.

Information concerning an offense for which the suspected perpetrator is not listed in the surveillance order may be used when the conditions required for surveillance of that person are met.

In the cases referred to in paras. 1, 1 bis, and 2, the public prosecutor immediately orders surveillance and initiates the authorization procedure.

Documents and recordings that cannot be used as incidental discoveries must be kept separately and destroyed immediately after the procedure is concluded.

All information gathered during surveillance may be used to locate a reported person.

No later than upon the conclusion of the preliminary proceedings, the public prosecutor shall inform the accused and any third parties who have been subject to surveillance as defined in Art. 270, let. b, about the reasons, method, and duration of the surveillance.

With the consent of the compulsory measures court, it is possible to postpone the notification or to dispense with it under the following conditions: a. the information collected is not used for evidentiary purposes; b. it is essential to protect overriding public or private interests.

Persons whose correspondence by mail or telecommunications has been monitored, or those who have used the monitored postal address or telecommunications service, may lodge an appeal pursuant to Arts. 393 to 397. The period for appeal begins upon receipt of the notification.

The public prosecutor may use technical surveillance devices for the purposes of: a. listening to or recording non-public conversations; b. observing or recording actions taking place in locations that are not public or not freely accessible; c. locating a person or an object.

The use of technical surveillance devices may only be ordered against the accused.

Premises or vehicles of third parties may only be subjected to surveillance if specific facts suggest that the accused is present in these premises or is using these vehicles.

The use of technical surveillance devices may not be ordered to: a. record for evidentiary purposes the behavior of an accused in detention; b. monitor the premises or vehicles of a third party belonging to one of the professional categories referred to in Arts. 170 to 173.

Furthermore, the use of technical surveillance devices is governed by Arts. 269 to 279.

The public prosecutor and, during the police investigation, the police may secretly observe individuals and objects in freely accessible places and conduct audio and video recordings under the following conditions: a. they have concrete indications suggesting that crimes or offenses have been committed; b. other forms of investigation would have no chance of success or would be excessively difficult.

The continuation of an observation ordered by the police beyond one month is subject to the authorization of the public prosecutor.

At the latest upon the conclusion of the preliminary proceedings, the public prosecutor informs the person who has been observed of the reasons, manner, and duration of the observation.

The notification may be deferred or waived under the following conditions: a. the information collected is not used for evidentiary purposes; b. it is essential to protect overriding public or private interests.

Upon the request of the public prosecutor, the court of compulsory measures may authorize the surveillance of the relations between a bank or a similar institution and a suspect, for the purpose of elucidating crimes or offenses.

If the court of compulsory measures grants a surveillance request, it provides the bank or similar institution with written instructions on: a. the type of information and documents to be provided; b. the measures aimed at maintaining confidentiality that they must observe. The bank or similar institution is not required to provide information or documents if making a deposit could implicate them to the extent that they themselves: a. could be held criminally liable; b. could be held civilly liable, and their interest in ensuring their protection outweighs the interest of the criminal procedure. Persons entitled to dispose of the account under surveillance are informed subsequently in accordance with Art. 279, para. 1 and 2. Individuals whose banking relationships have been subject to surveillance may appeal in accordance with Arts. 393 to 397. The appeal period begins upon receipt of the information.

An undercover investigation is conducted when members of a police force or individuals temporarily engaged to perform police tasks deceitfully establish contacts with individuals under the guise of a false identity supported by documentation (assumed identity), with the intention of building a trusting relationship and infiltrating a criminal environment in order to clarify particularly serious offenses.

The public prosecutor may order a covert investigation under the following conditions: a. there are suspicions that one of the offenses mentioned in para. 2 has been committed; b. the measure is justified in view of the seriousness of the offense; c. other investigative acts carried out up to that point have not succeeded, or that inquiries, in the absence of a covert investigation, would have no chance of success or would be excessively difficult.

The covert investigation may be ordered for the prosecution of offenses specified by the following provisions: a. Criminal Code: Art. 111 to 113, 122, 124, 129, 135, 138 to 140, 143, para. 1, 144, para. 3, 144a, no. 1, para. 2, and no. 2, para. 2, 146, para. 1 and 2, 147, para. 1 and 2, 148, 156, 160, 182 to 185a, 187, 188, 189 to 191, 193, 193a, 195, 196, 197, para. 3 to 5, 221, para. 1 and 2, 223, no. 1, 224, para. 1, 226a, 226b, 227, no. 1, para. 1, 228, no. 1, para. 1, 230a, 231, 232, no. 1, 233, no. 1, 234, para. 1, 237, no. 1, 240, para. 1, 242, 244, para. 2, 251, no. 1, 260a to 260f, 264 to 267, 271, 272, no. 2, 273, 274, no. 1, para. 2, 301, 305a, no. 2, 310, 322a, 322b, and 322g; b. Federal Act of 16 December 2005 on Foreign Nationals and Integration: Art. 116, para. 3, and 118, para. 3; c. Federal Act of 22 June 2001 on the Hague Convention on Adoption and Measures for the Protection of Children in International Adoption: Art. 24; d. Federal Act of 13 December 1996 on War Material: Art. 33, para. 2, and 34 to 35b; e. Nuclear Energy Act of 21 March 2003: Art. 88, para. 1 and 2, 89, para. 1 and 2, and 90, para. 1; f. Narcotics Act: Art. 19, para. 2, and 20, para. 2; g. Goods Control Act of 13 December 1996: Art. 14, para. 2; h. Sports Promotion Act of 17 June 2011: Art. 22, para. 2, and 25a, para. 3; i. Weapons Act of 20 June 1997: Art. 33, para. 3; j. Therapeutic Products Act of 15 December 2000: Art. 86, para. 2 and 3; k. Federal Act of 29 September 2017 on Gambling: Art. 130, para. 2, for the offenses mentioned in Art. 130, para. 1, let. a; l. Federal Act of 25 September 2015 on Intelligence: Art. 74, para. 4.

When the judgment of an offense under the jurisdiction of a military court is assigned to a civil court, a covert investigation may also be ordered for the prosecution of the offenses listed in Art. 70, para. 2, of the Military Criminal Procedure of 23 March 1979.

The following may be designated as an undercover agent: a. a member of a police force; b. a person engaged on a temporary basis to perform police duties, even if they have not received police training.

Only a member of a police force may be designated as a contact person.

When a member of a foreign police force is designated as an undercover agent, they generally remain under the supervision of the contact person they previously had.

The police provide the undercover agent with an assumed identity.

The public prosecutor may guarantee the undercover agent that their true identity will not be disclosed, even during a court proceeding in which they appear as a person called to provide information or as a witness.

If the undercover agent has committed an offense in the course of their mission, the court responsible for coercive measures decides which identity will be retained in the criminal proceedings.

The mission of an undercover agent is subject to the authorization of the compulsory measures court.

The public prosecutor shall submit to the compulsory measures court within 24 hours: a. the decision ordering the covert investigation; b. a statement of reasons accompanied by the necessary documents for the granting of the authorization.

The compulsory measures court shall issue a decision within five days from the moment the covert investigation is ordered and shall briefly state the reasons. It may provisionally authorize the covert investigation, attach conditions to the authorization, or request that the file be supplemented or that further clarifications be provided.

The authorization must explicitly state whether: a. acts can be established or modified for the purpose of creating or maintaining a cover identity; b. the anonymity of the undercover agent can be guaranteed; c. a person without police training may be designated.

The authorization may be granted for a maximum of one year. It can be extended several times, each time for no more than six months. Before the authorization expires, the public prosecutor shall request an extension if necessary and state the reasons for the request.

The public prosecutor shall immediately terminate the mission if the authorization is not granted or if no authorization has been requested. All documents and recordings produced during the investigation must be immediately destroyed. Information gathered during the covert investigation may not be used.

The public prosecutor provides the necessary instructions to the contact person and the undercover agent before the commencement of the assignment.

During the duration of the mission, the undercover agent is directly subject to the instructions of the contact person. Throughout the mission, communications between the public prosecutor and the undercover agent are conducted exclusively through the contact person.

The contact person has the following tasks, in particular: a. to provide precise and continuous instructions to the undercover agent concerning their mission, assignments, and the manner in which they should use their assumed identity; b. to guide and support the undercover agent and constantly assess the risks; c. to document orally given reports in writing and maintain a complete file on the mission; d. to furnish the public prosecutor with continuous and comprehensive information on the progress of the mission.

The undercover agent performs their mission in accordance with the instructions provided.

They report comprehensively and regularly to their contact person.

An undercover agent is prohibited from generally encouraging a third party to commit offenses or inciting them to commit more serious offenses. Their intervention must be limited to the actualization of an existing decision to take action.

The activity of an undercover agent should have only a minor impact on a third party's decision to commit a specific offense.

If necessary for preparing the main deal, the undercover agent is authorized to make test purchases and demonstrate economic capacity.

If the undercover agent exceeds the boundaries of the authorized mission, the judge will duly consider this when determining the sentence; they may also exempt the influenced person from any penalty.

Insofar as the undercover agent acts within the framework of a duly authorized covert investigation, they are not punishable under the following provisions: a. in the pursuit of child pornography or sexual acts with minors: Art. 197, para. 4 and 5, SCC, insofar as the objects or representations involve non-actual sexual acts with minors; b. in the pursuit of offenses against the Narcotics Act: Arts. 19 and 20 to 22 Narcotics Act.

At the request of the public prosecutor, the Confederation may, through the National Bank, make available to the undercover agent the amounts needed to conclude simulated transactions and to demonstrate financial capability, in the required form and quantity.

The request, accompanied by a brief description of the case, must be submitted to the Federal Office of Police.

The public prosecutor shall take the necessary security measures to safeguard the amounts made available. The Confederation or the canton, from which the public prosecutor requesting the funds originates, is liable for the loss of these amounts.

When, in the course of a covert investigation, the undercover agent learns of offenses not listed in the decision that ordered the investigation, this information may be used to the extent that a covert investigation could have been ordered to establish these new facts.

The public prosecutor shall promptly issue a decision ordering the covert investigation and initiate the authorization procedure.

The public prosecutor shall immediately terminate the covert investigation in the following cases: a. the conditions are no longer met; b. the competent authority has refused to grant or extend the authorization; c. the undercover agent or the contact person does not follow instructions or in any way fails to fulfill their obligations, notably by knowingly misleading the public prosecutor.

In the cases referred to in para. 1, let. a and c, the public prosecutor shall inform the coercive measures court of the termination of the mission.

Upon closing the mission, it is necessary to ensure that neither the undercover agent nor other persons involved in the investigation are unnecessarily exposed to danger.

No later than at the conclusion of the preliminary proceedings, the public prosecutor shall inform the accused that they have been the subject of a covert investigation.

With the consent of the compulsory measures court, it is possible to delay the notification or dispense with it under the following conditions

a. the evidence collected is not used for evidentiary purposes;

b. it is essential to protect overriding public or private interests.

Persons who have been the subject of a covert investigation may lodge an appeal in accordance with Articles 393 to 397. The time limit for appeal begins upon receipt of the notification.

Covert investigations involve members of a police force attempting to elucidate crimes or offenses through short-term interventions in which their identity and function are not recognizable, notably by making fictitious transactions or creating the illusion of wanting to conclude such transactions.

Agents assigned to covert investigations are not equipped with assumed identities within the meaning of Art. 285a. Their true identity and function are recorded in the procedural files and disclosed during hearings.

The public prosecutor and, during the police investigation, the police may order covert surveillance under the following conditions: a. there are suspicions suggesting that a crime or offense has been committed; b. the investigative measures taken or the procedural acts performed so far have not succeeded, or the investigation, in the absence of covert surveillance, would have no chance of succeeding or would be excessively difficult.

The continuation of covert surveillance ordered by the police beyond one month is subject to authorization by the public prosecutor.

Art. 287 applies by analogy to the required qualifications of the officer assigned to covert investigations. It is prohibited to assign individuals as referred to in Art. 287, para. 1, let. b, to covert investigations.

Arts. 291 to 294 apply by analogy to the subordination, tasks, and obligations of the police officer assigned to covert investigations and the contact person.

The authority that authorized the covert searches shall immediately terminate them in the following cases: a. the conditions are no longer met; b. the public prosecutor's office has refused to authorize the continuation of the covert searches ordered by the police; c. the agent assigned to the covert searches or the contact person does not follow the given instructions or in any other manner fails to fulfill their obligations, notably by deliberately misleading the public prosecutor's office or unlawfully influencing the target person.

The police shall inform the public prosecutor's office of the termination of the covert searches.

Upon concluding the operation, care must be taken to ensure that the agent assigned to the covert searches is not unnecessarily exposed to dangers.

Art. 298, para. 1 and 3, applies mutatis mutandis to the notification addressed to the targeted person.

The preliminary procedure consists of police investigative procedure and the investigation conducted by the public prosecutor.

When there are grounds to suspect that an offense has been committed, investigations are conducted, and evidence is administrated in the preliminary procedure to determine whether: a. a penal order should be issued against the accused; b. the accused should be indicted; c. the procedure should be dismissed.

The preliminary procedure is initiated: a. through police investigations; b. by the opening of an investigation by the public prosecutor.

The initiation of the preliminary procedure is not subject to appeal unless the accused claims that it violates the prohibition of double jeopardy.

Everyone has the right to report offenses to a criminal prosecution authority, either in writing or orally.

The informant may request the criminal prosecution authority to confirm the report if it was made orally in order for it to be noted in the minutes.

The criminal prosecution authority shall inform the informant, upon request, about the action taken regarding their report.

An informant who is neither harmed nor a complaining party does not enjoy any other rights in the procedure.

The criminal authorities are obliged to report to the competent authorities any offenses that they have observed in the exercise of their duties or that have been reported to them, if they themselves are not competent to prosecute them.

The Confederation and the cantons regulate the duty to report incumbent upon members of other authorities.

Persons who have the right to refuse to give evidence or testify according to Art. 113, para. 1, 168, 169, and 180, para. 1, are not subject to the duty to report.

In cases where prosecutions are initiated only based on a complaint or are subject to authorization, the preliminary procedure is initiated only when the criminal complaint is filed or the authorization has been granted.

The competent authority may take precautionary measures that tolerate no delay before the filing of the criminal complaint or the granting of authorization.

In cases of offenses against honor, the public prosecutor may oblige the complainant to provide security within a specified time period to cover potential costs and indemnities.

If the security is not provided within the given time frame, the criminal complaint is considered withdrawn.

The criminal complaint must be filed with the police, the public prosecutor, or the competent authority for contraventions, either in writing or orally; in the latter case, it is recorded in the minutes.

The withdrawal of the decision to file a complaint or the retraction of the criminal complaint must adhere to the same formal requirements.

During the first hearing, the police or the public prosecutor's office shall inform the victim in detail about their rights and obligations within the framework of the criminal procedure.

At the same time, the police or the public prosecutor's office shall provide the victim with information on: a. the addresses and responsibilities of counseling centers; b. the possibility of applying for various forms of victim assistance; c. the deadline for filing a claim for compensation and moral reparation; d. the right under Article 92a SCC to request information on decisions and facts relating to the execution of a sentence or measure by the convicted person.

The police or the public prosecutor's office shall communicate the victim's name and address to a counseling center, provided the victim consents.

Paragraphs 1 to 3 apply by analogy to the victim's relatives.

Compliance with this article must be recorded in the minutes.

During its investigations, the police establish the factual elements constituting the offense; in doing so, they rely on reports, directives from the public prosecutor, or their own findings. The police must, in particular: a. secure and analyze traces and evidence; b. identify and question the victims and suspects; c. apprehend and arrest the suspects or search for them if necessary. Subject to specific provisions of this code, the police adhere in their activities to the provisions applicable to investigation, means of evidence, and coercive measures.

The police shall promptly inform the public prosecutor about serious offenses and any other significant events. The public prosecutors of the Confederation and the cantons may issue directives concerning the obligation to inform.

The public prosecutor may at any time issue directives and assign tasks to the police or take over a case. In the cases referred to in para. 1, the public prosecutor personally conducts, as far as possible, the initial important hearings.

The police shall regularly draft written reports on the measures they have undertaken and the observations they have made, and shall immediately transmit them along with the complaints, statements, other documents, as well as secured objects and values, to the public prosecutor following their investigations.

They may refrain from reporting under the following conditions: a. there is evidently no need for further procedural acts from the public prosecutor; b. no coercive measures or other formal investigative actions have been carried out.

The public prosecutor establishes the factual conditions and the legal assessment of the case during the investigation in such a way as to conclude the preliminary procedure.

If a prosecution or a penalty order is to be expected, they establish the personal circumstances of the accused.

In the case of a prosecution, the investigation must provide the court with the essential elements allowing it to judge the guilt of the accused and to determine the sentence.

The public prosecutor initiates proceedings: a. when the police report, complaints, or its own findings give rise to sufficient suspicions to presume that an offense has been committed; b. when it orders coercive measures; c. when it is informed by the police in accordance with Art. 307 para. 1.

It may refer reports and complaints back to the police for further investigation if they do not clearly establish the suspicions raised.

The public prosecutor initiates proceedings through an order in which it designates the accused and the offense attributed to them. The order does not need to be reasoned or notified. It is not subject to appeal.

The public prosecutor refrains from initiating proceedings when it immediately issues an order of non-prosecution or a penalty order.

The public prosecutor shall immediately issue an order of no proceedings if it is evident from the complaint or police report that: a. the elements constituting the offense or the conditions for initiating criminal proceedings are manifestly not met; b. there are impediments to proceeding; c. the conditions mentioned in Art. 8 require refraining from initiating criminal prosecution.

Furthermore, the provisions on the dismissal of the proceedings apply.

Prosecutors themselves gather the evidence. The Confederation and the cantons determine to what extent they can delegate specific investigatory acts to their staff.

The public prosecutor's office may extend the investigation to other accused persons and other offenses. Art. 309, para. 3, is applicable.

Even after the initiation of the investigation, the public prosecutor may instruct the police to conduct additional investigations. For this purpose, the prosecutor provides written directives, or verbal ones in urgent cases, which are limited to specifically defined investigative acts.

When instructing the police to conduct interrogations, the participants in the proceedings enjoy the rights granted within the framework of hearings conducted by the public prosecutor.

The public prosecutor gathers the necessary evidence to rule on civil claims insofar as this does not significantly extend or delay the proceedings.

He may condition the gathering of evidence, which primarily serves to support civil claims, on the plaintiff's payment of an advance on costs.

The public prosecutor may suspend an investigation, notably: a. when the perpetrator or their whereabouts are unknown or there are temporary impediments to proceeding; b. when the outcome of the criminal procedure depends on another proceeding, the conclusion of which it seems appropriate to await; c. when the case is subject to a conciliation procedure whose conclusion it seems appropriate to await; d. when a decision depends on the future development of the consequences of the offense.

In the case referred to in para. 1, lit. c, the suspension is limited to three months; it can be extended once by three months.

Before deciding on the suspension, the public prosecutor gathers evidence that is at risk of being lost. When the perpetrator or their whereabouts are unknown, they initiate the search.

The public prosecutor communicates the decision to suspend the procedure to the accused, the complainant, and the victim.

Furthermore, the procedure is governed by the provisions applicable to the closing of the case.

The public prosecutor resumes an investigation on its own initiative when the reason for the suspension has ceased to exist.

The resumption of the investigation is not subject to appeal.

When offenses prosecuted upon complaint are the subject of preliminary proceedings, the public prosecutor may summon the complainant and the accused to a hearing with the aim of reaching an amicable settlement. If the complainant fails to appear, the complaint is considered withdrawn.

If an exemption from punishment for reparation under Art. 53 of the Swiss Criminal Code (SCC) is applicable, the public prosecutor summons the victim and the accused to a hearing with the aim of reaching a reparation agreement.

If the conciliation is successful, it must be recorded in the minutes signed by the participants. The public prosecutor then dismisses the proceedings.

If the accused fails to appear at a hearing pursuant to paragraphs 1 or 2, or if the attempt at conciliation is unsuccessful, the public prosecutor conducts the investigation without delay. In duly justified cases, the complainant may be required to provide security within ten days for costs and compensation.

In important and complex preliminary proceedings, the public prosecutor hears the accused one last time before concluding the investigation and invites them to comment on its findings.

When the public prosecutor considers the investigation to be complete, they issue a penalty order or inform the parties with known domiciles in writing about the impending closure of the investigation, and indicate whether they intend to issue an indictment or a dismissal order. At the same time, they set a deadline for the parties to submit their evidence requests.

They inform in writing the injured parties whose domiciles are known and who have not yet been informed of their rights, stating that they intend to issue a penalty order, an indictment, or a dismissal order; a deadline is set for them to constitute as civil claimants and to submit their evidence requests.

The public prosecutor may reject a request for evidence only if it requires the administration of evidence on irrelevant facts, facts that are notorious, known to the criminal authority, or already sufficiently proven in law. The decision is made in writing and briefly reasoned. Rejected evidence requests can be reiterated during the proceedings.

The information referred to in paras. 1 and 1 bis and the decisions made pursuant to para. 2 are not subject to appeal.

The public prosecutor shall order the dismissal of all or part of the proceedings: a. when no suspicion justifying an indictment is established; b. when the constituent elements of an offense are not met; c. when justifying facts prevent an offense from being charged against the accused; d. when it is established that certain conditions for the initiation of criminal proceedings cannot be fulfilled or that impediments to proceedings have arisen; e. when prosecution or sanction can be waived according to legal provisions.

In exceptional cases, the public prosecutor may also dismiss the proceedings under the following conditions: a. the interest of a victim who was under 18 years of age at the time of the commission of the offense imperatively requires it, and the dismissal clearly outweighs the State's interest in criminal prosecution; b. the victim or, if they are incapable of judgment, their legal representative has consented to the dismissal.

The form and general content of the dismissal order are governed by Articles 80 and 81.

In the dismissal order, the public prosecutor lifts the coercive measures in force. He or she may order the confiscation of objects and assets.

Civil claims are not addressed in the dismissal order. The civil route remains open to the complainant once the dismissal order takes effect.

A dismissal order that has taken effect is equivalent to an acquittal.

The public prosecutor notifies the order to dismiss: a. the parties; b. the victim; c. other participants in the proceedings affected by the decision; d. if applicable, other authorities designated by the cantons, when they have the right to appeal.

The express waiver of a participant in the proceedings is reserved.

Furthermore, Articles 84 to 88 apply by analogy.

The Confederation and the cantons may stipulate that the orders for dismissal must be approved by a senior public prosecutor or by an attorney general.

The parties may challenge the order for dismissal within ten days before the appellate authority.

An objection can be lodged against a confiscation decision issued within the framework of the order for dismissal. The opposition procedure is governed by the provisions on the penal order. The court decides in the form of a decision or an order.

The public prosecutor orders the resumption of preliminary proceedings closed by a final non-prosecution order if they become aware of new evidence or new facts that meet the following conditions: a. they reveal criminal responsibility of the accused; b. they do not appear in the previous file.

The public prosecutor notifies the resumption of the procedure to the persons and authorities to whom the non-prosecution order was notified.

The public prosecutor brings charges before the competent court when it considers that the suspicions established on the basis of the investigation are sufficient and that a penal order cannot be issued.

The indictment is not subject to appeal.

The indictment shall specify: a. the place and date of its issuance; b. the public prosecutor who issues it; c. the court to which it is addressed; d. the names of the defendant and their counsel; e. the name of the injured party; f. as briefly but as precisely as possible, the acts attributed to the defendant, the place, date, and time of their commission as well as their consequences and the method of operation of the perpetrator; g. the offenses committed and the applicable legal provisions according to the public prosecutor's opinion.

The public prosecutor may present an alternative indictment or, in the event that their main conclusions are rejected, a subsidiary indictment.

The public prosecutor communicates to the court the following information and proposals insofar as they are not evident from the indictment: a. the names of the complainant parties and any civil claims they may have; b. the coercive measures ordered; c. the objects and values seized; d. the costs incurred by the investigation; e. any requisitions aimed at the imposition of detention for security reasons; f. their proposals for sanctions or the announcement that these proposals will be presented during the proceedings; g. their proposals for subsequent judicial decisions; h. their request to be summoned to the proceedings. When not personally supporting the accusation before the court, the public prosecutor may attach to their indictment a final report intended to clarify the facts and also containing an appraisal of the evidence.

The public prosecutor shall promptly notify the indictment and any possible final report to: a. the accused whose place of residence is known; b. the complainant parties; c. the victim; d. the competent court, along with the file and the seized objects and assets. When the public prosecutor requests detention for security reasons, he shall also provide a copy of the indictment to the court of coercive measures with his requisitions.

The receipt of the indictment by the court establishes lis pendens.

With the inception of lis pendens, jurisdiction is transferred to the court.

The case management evaluates: a. whether the indictment and the file are duly established; b. whether the conditions for initiating public proceedings are met; c. whether there are any procedural impediments.

If it becomes apparent during this evaluation or later in the proceedings that a judgment on the merits cannot yet be rendered, the court shall suspend the proceedings. If necessary, it shall refer the indictment back to the public prosecutor for completion or correction.

The court decides whether a suspended case remains pending before it.

When it is definitively impossible to render a judgment, the court dismisses the proceedings, after having granted the right to be heard to the parties as well as to third parties affected by the dismissal decision. Art. 320 applies by analogy.

If the proceedings are to be dismissed only with respect to certain aspects of the indictment, the dismissal order may be issued at the same time as the judgment.

When it is necessary to prosecute the charge, the procedural director promptly takes the necessary measures to proceed to trial.

If the court is collegial, the procedural director circulates the file.

The procedural director informs the victim of their rights if the prosecuting authorities have not already done so; Art. 305 applies by analogy.

The proceedings authority determines the evidence to be presented during the hearings. It informs the parties of the composition of the court and the evidence that will be presented.

At the same time, it sets a deadline for the parties to submit and justify their evidentiary requests, drawing their attention to the costs and fees resulting from failing to meet the deadline. It sets the same deadline for the complainant to quantify and justify their civil claims.

It informs the parties of the evidentiary requests it has rejected, providing a brief rationale for its decision. This decision cannot be appealed; however, the rejected evidentiary requests may be presented again at the hearings.

The proceedings authority sets the date, time, and place for the hearings and summons the parties, witnesses, individuals called to provide information, and experts who need to be heard.

It makes a final decision regarding requests for adjournment that are submitted before the commencement of the hearings.

The procedure management may summon the parties to a preliminary hearing for the purpose of resolving organizational matters.

It may summon the parties to a conciliation hearing before the main proceedings in accordance with Art. 316.

When it is foreseeable that the administration of evidence during the proceedings will be impossible, the procedure management may conduct the evidence administration in advance, delegate this task to a tribunal delegation, or, in cases of urgency, mandate the public prosecutor, or proceed via mutual legal assistance. The parties must be able to participate in such evidence administration.

The court provides the public prosecutor with the opportunity to amend the indictment if it deems that the facts outlined in the indictment could constitute the elements of another offense, but the indictment does not meet the legal requirements.

If it becomes apparent during the proceedings that the accused has committed further offenses, the court may authorize the public prosecutor to complete the indictment.

The indictment cannot be completed if this would unduly complicate the proceedings, would alter the jurisdiction of the court, or if it becomes evident that there was complicity or participation in the offense. In these cases, the public prosecutor initiates a preliminary procedure.

The court may only base its judgment on an amended or completed indictment if the rights of the accused party and the complainant party have been respected. It interrupts the proceedings if necessary for this purpose.

When the court reaches the conclusion that the pending case before it may result in a penalty or measure exceeding its jurisdiction, it shall transfer the case to the competent court, at the latest by the end of the pleadings. The latter court shall resume the evidentiary procedure from the beginning.

The relinquishment of jurisdiction is not subject to appeal.

The court sits during the entirety of the proceedings in its legal composition; it is assisted by a clerk.

If, during the proceedings, a judge becomes unavailable, the entire proceedings must be resumed unless the parties waive this requirement.

The procedure's direction may order that an alternate judge be present from the beginning of the proceedings to replace, if necessary, an absent member of the court.

If the court is to address an offense against sexual integrity, it must, at the victim's request, include at least one person of the same sex as the victim. Before a single judge, this rule may be waived if the offense involves victims of both sexes.

The accused must personally attend the proceedings in the following cases: a. they are suspected of having committed a crime or an offense; b. the procedural authority orders their personal appearance.

In cases of mandatory defense or compulsory defense, the defense attorney is required to personally attend the proceedings.

The procedural authority may exempt the accused, at their request, from appearing in person when they present important reasons and their presence is not indispensable.

If the accused fails to appear without excuse, the provisions governing proceedings by default are applicable.

If, in a case of mandatory defense or compulsory defense, the defense attorney does not appear, the proceedings are postponed.

The public prosecutor may submit written proposals to the court or appear in person at the bar.

The public prosecutor is not bound by the legal assessment of the facts as they appear in the indictment nor by the proposals it contains.

The public prosecutor is required to personally support the prosecution before the court when a custodial sentence of more than one year is requested or a measure leading to deprivation of liberty.

Furthermore, the procedural direction may, when deemed necessary, require the public prosecutor to personally support the prosecution.

If the public prosecutor does not appear in person when required to do so, the proceedings are postponed.

At the request of the complainant, the procedural authorities may exempt them from appearing in person, when their presence is not necessary.

A third party affected by a confiscation measure has the right not to appear in person.

If the complainant or the third party affected by a confiscation measure does not appear in person, they may be represented or submit written proposals.

The administration of the proceedings opens the hearings, announces the composition of the court, and confirms the presence of the persons summoned to appear.

The court and the parties may then raise preliminary questions, notably concerning: a. the validity of the indictment; b. the conditions for initiating public action; c. impediments to proceeding; d. the file and the evidence collected; e. the public nature of the hearings; f. the division of hearings into two parts.

After hearing the present parties, the court immediately rules on the preliminary questions.

If the parties raise incidental questions during the hearings, the court handles them as preliminary questions.

While addressing preliminary or incidental questions, the court may, at any time, adjourn the hearings to complete the file or evidence or to instruct the public prosecutor to provide these supplements.

The resolution of preliminary questions produces the following effects: a. the proceedings must be conducted to their conclusion without unnecessary interruption; b. the charges cannot be withdrawn or modified, subject to Art. 333; c. parties whose presence is mandatory may not leave the place of proceedings without the court's permission; the departure of a party does not interrupt the proceedings.

After any preliminary questions have been resolved, the procedure management communicates the public prosecutor’s conclusions, unless the parties waive this.

The conduct of proceedings or a member of the court designated by it conducts the hearings.

Other members of the court and the parties may have additional questions posed through the conduct of proceedings or, with its permission, may pose them themselves.

At the beginning of the evidentiary procedure, the conduct of proceedings interrogates the accused in detail about their personal details, the charge, and the results of the preliminary procedure.

On its own motion or at the request of the defendant or the public prosecutor, the proceedings may be split into two parts; it may be decided that only the following will be addressed: a. in the first part, the question of facts and guilt, and in the second part, the question of the consequences of a conviction or an acquittal, or b. in the first part, the question of facts, and in the second part, the question of guilt and the consequences of a conviction or an acquittal.

This decision is made by: a. until the opening of the proceedings: the procedural direction; b. after the opening of the proceedings: the court.

The procedural direction informs the parties by briefly stating its reasons if it rejects the request to bifurcate the proceedings. A new request may be submitted during the proceedings.

The decision regarding the bifurcation of proceedings is not subject to appeal.

When the procedure is bifurcated, the defendant’s personal circumstances may only be debated in the event of a conviction, unless they are relevant for determining the objective and subjective constituent elements of the offense.

Decisions concerning the facts and the defendant's guilt are notified after the court's deliberations; however, they may only be subject to appeal once the complete judgment has been rendered.

The court proceeds with the administration of new evidence or completes the administration of evidence that has been insufficiently presented.

The court reiterates the administration of evidence which, during the preliminary procedure, was not properly administered.

It reiterates the administration of evidence which, during the preliminary procedure, was duly administered when direct knowledge of the evidence appears necessary for the rendering of the judgment.

When the court intends to depart from the legal assessment made by the public prosecutor regarding the factual situation in the indictment, it shall inform the parties present and invite them to express their views.

Before concluding the probative procedure, the court gives the parties the opportunity to propose the administration of new evidence.

At the conclusion of the evidentiary procedure, the parties present and justify their proposals. The pleadings proceed in the following order: a. the public prosecutor; b. the complainant; c. third parties affected by a confiscation measure within the meaning of Articles 69 to 73 of the Penal Code; d. the accused or their defense counsel. The parties have the right to a second pleading.

At the conclusion of the pleadings, the accused has the right to speak one last time.

The presiding authority then formally declares the closure of the proceedings.

After the conclusion of the proceedings, the court withdraws to deliberate behind closed doors.

The clerk participates in the deliberation with an advisory vote.

When the case is not ready to be judged, the court decides to supplement the evidence and then resume the proceedings.

The court is bound by the factual situation described in the indictment but not by the legal assessment made by the public prosecutor.

It takes into account the evidence presented during the preliminary procedure and during the trial.

When the court is able to substantively decide on the accusation, it delivers a judgment on the guilt of the defendant, the sanctions, and other consequences.

The court renders its judgment on each point by simple majority. Each member is required to vote.

The court notifies its judgment in accordance with Art. 84.

The public prosecutor issues a summary penalty order if, during the preliminary proceedings, the accused has admitted the facts or if the facts are established and, including a possible revocation of a suspended sentence or conditional release, considers one of the following penalties sufficient: a. a fine; b. a monetary penalty not exceeding 180 daily penalty units; c. ... d. a custodial sentence not exceeding six months.

Each of these penalties may be ordered in conjunction with a measure as per Articles 66 and 67 to 73 SCC.

The penalties provided for in para. 1, let. b to d, may be ordered jointly if the total penalty imposed does not exceed a custodial sentence of six months. A fine may be imposed in addition.

The public prosecutor shall hear the accused if it is likely that the summary penalty order will result in a custodial sentence to be executed.

The penal order contains the following information: a. the designation of the authority issuing it; b. the identity of the accused; c. the facts attributed to the accused; d. the offenses committed; e. the sanction; f. the brief reasoning for the revocation of a suspension or conditional release; fbis. the time limit for the deletion of any existing DNA profile; g. the costs and compensations; h. the mention of the objects and assets seized to be returned or confiscated; i. the indication of the right to file an objection and the consequences of failing to do so; j. the place and date of the establishment of the order; k. the signature of the person who established the order.

The public prosecutor may adjudicate civil claims by penal order to the extent they are recognized by the accused, or when the following conditions are met: a. no further administration of evidence is necessary; b. the disputed value does not exceed 30,000 francs.

The penal order is immediately notified in writing to the persons and authorities entitled to lodge an objection.

The following parties may file an objection against the penal order with the public prosecutor's office, in writing and within ten days: a. the accused; abis. the complainant; b. other concerned parties; c. if provided for, the chief prosecutor or the attorney general of the Confederation or the canton, within the framework of the relevant criminal proceedings.

The complainant cannot file an objection against the sanction pronounced in the penal order.

The objection must be substantiated, except for that of the accused.

If no valid objection is filed, the penal order is treated as a judgment that has acquired legal force.

In the event of an opposition, the public prosecutor administers the additional evidence necessary for the judgment of the opposition.

If the opponent, without an excuse, fails to appear at a hearing despite being summoned, their opposition is deemed withdrawn.

After the administration of evidence, the public prosecutor decides to: a. uphold the penal order; b. dismiss the proceedings; c. issue a new penal order; d. bring the charge before the court of first instance.

When the public prosecutor decides to uphold the penal order, they shall promptly forward the file to the court of first instance for proceedings. The penal order serves as the indictment.

The court of first instance rules on the validity of the penal order and the opposition.

The opposition may be withdrawn until the conclusion of the pleadings.

If the opponent fails to appear at the proceedings without excuse and without representation, their opposition is deemed withdrawn.

If the penal order is invalid, the court annuls it and remits the case to the public prosecutor for new preliminary proceedings.

If the opposition only concerns costs and compensation or other incidental consequences, the court decides in writing, unless the opponent expressly requests a hearing.

If penal orders relating to the same facts have been issued against several persons, Art. 392 applies mutatis mutandis.

When administrative authorities are established for the prosecution and adjudication of infractions, they possess the responsibilities of the public prosecutor.

The provisions regarding penalty orders apply by analogy to criminal proceedings concerning infractions.

If the elements constituting the infraction are not fulfilled, the competent criminal authority for infractions issues a dismissal order for the proceedings with brief reasoning.

If the competent criminal authority for infractions deduces from the state of facts that the offense committed is a crime or misdemeanor, it forwards the case to the public prosecutor.

Until the filing of charges, the defendant who has admitted to the facts essential for legal assessment as well as, at least in principle, the civil claims, may request the implementation of a simplified procedure from the public prosecutor.

The simplified procedure is excluded when the public prosecutor demands a custodial sentence exceeding five years.

The public prosecutor makes a final decision on the execution of the simplified procedure. There is no obligation to provide reasons for this decision.

The public prosecutor notifies the parties of the execution of the simplified procedure and sets a ten-day deadline for the complainant to announce their civil claims and the procedural compensation being sought.

The indictment shall contain: a. the information set forth in Arts. 325 and 326; b. the amount of the penalty; c. the measures; d. the conditions imposed when granting a suspended sentence; e. the revocation of suspended sanctions or the release from the execution of a sanction; f. the settlement of the civil claims of the complainant; g. the regulation of costs and compensation; h. the indication that the parties waive an ordinary procedure and means of appeal by accepting the indictment.

The public prosecutor shall notify the indictment to the parties. The parties must declare within ten days whether they accept or reject it. The acceptance is irrevocable.

The indictment is deemed accepted if the complainant does not reject it in writing within the allotted time.

If the parties accept the indictment, the public prosecutor forwards it with the file to the court of first instance.

If a party rejects the indictment, the public prosecutor initiates a standard preliminary procedure.

The trial court conducts the hearings.

During the hearings, the court questions the accused and establishes: a. whether the accused acknowledges the facts underlying the charge; b. whether the accused's testimony is consistent with the case file.

If necessary, it also questions the other parties present.

No evidence is presented.

The court freely assesses: a. whether the simplified procedure is lawful and justified; b. whether the accusation aligns with the outcome of the proceedings and the case file; c. whether the proposed sanctions are appropriate. If the conditions for delivering a judgment under the simplified procedure are met, the facts, sanctions, and civil claims contained in the indictment are deemed equivalent to a judgment. The court briefly outlines these conditions. If the conditions for rendering a judgment in a simplified procedure are not met, the case file is forwarded to the public prosecutor to initiate a regular preliminary procedure. The court notifies the parties of its decision to reject, both orally and in writing in the operative part. This decision is not subject to appeal. Declarations made by the parties in anticipation of the simplified procedure are not admissible in any ordinary procedure that may follow. By appealing the judgment rendered in a simplified procedure, a party may only argue that it does not accept the indictment or that the judgment does not correspond to the indictment.

The court that rendered the judgment at first instance also issues subsequent decisions that fall within the jurisdiction of a judicial authority, insofar as the Confederation and the cantons have not provided otherwise.

The public prosecutor who issues a decision in a summary penalty order procedure or the competent penal authority in matters of contraventions that issues a decision in a criminal procedure concerning contraventions is also competent to issue subsequent decisions.

The Confederation and the cantons designate the competent authorities to issue subsequent decisions that do not fall within the jurisdiction of the court.

The competent authority shall initiate ex officio the procedure aimed at rendering a subsequent judicial decision, insofar as federal law does not provide otherwise. It shall submit the corresponding file and its proposal to the court.

In other cases, the convicted person or another authorized individual may request in writing that the procedure be initiated; the request must be justified.

The court shall examine whether the conditions for a subsequent judicial decision are met, complete the file if necessary, or have further investigations carried out by the police.

It shall give the concerned person and the authorities the opportunity to express themselves on the proposed decisions and to submit their proposals.

Furthermore, the provisions relating to the first instance procedure shall apply mutatis mutandis to the proceedings before the court (Art. 363, para. 1); Art. 390 shall apply mutatis mutandis to the written procedure.

The authority competent to initiate the procedure aimed at rendering a subsequent independent judicial decision may detain the convicted person if there are serious reasons to believe: a. that the execution of a custodial sentence or measure will be ordered against him, and b. that he: 1. will evade its execution, or 2. will commit another crime or serious offense.

Articles 222 to 228 are applicable to the procedure by analogy.

The competent authority shall transmit the file and its request as soon as possible to the court rendering the subsequent independent decision.

The procedural authorities may arrest the convicted person under the conditions of Art. 364a, para. 1.

It conducts a detention procedure by applying Art. 224 by analogy and proposes to the court coercive measures or to the procedural authorities of the appellate jurisdiction to order detention for security reasons. Arts. 225 and 226 apply by analogy to the procedure.

Art. 227 applies by analogy to the procedure when there has been detention for security reasons.

In addition, Arts. 222 and 230 to 233 apply by analogy.

The court decides based on the dossier. It may also order hearings.

It delivers its decision in writing with a brief statement of reasons. If hearings have taken place, it announces its decision immediately and orally.

An appeal may be lodged against its decision.

If the accused, duly summoned, does not appear at the first instance hearing, the court shall set a new hearing and summon the accused again or have him brought in. It shall gather evidence whose administration cannot be delayed.

If the accused does not appear at the new hearing or cannot be brought in, the hearing may proceed in his absence. The court may also suspend the proceedings.

If the accused has rendered himself incapable of participating in the hearing or refuses to be brought from the detention facility to the hearing, the court may immediately initiate proceedings by default.

The proceedings by default may only be initiated under the following conditions: a. the accused has had sufficient opportunity to express himself previously regarding the facts alleged against him; b. the evidence gathered permits a judgment to be rendered in his absence.

The parties and the defense counsel are permitted to plead.

The court decides on the basis of the evidence presented during the preliminary procedure and during the hearings.

At the conclusion of the pleadings, the court may render a judgment or suspend the procedure until the defendant appears in court.

Furthermore, the proceedings by default are governed by the provisions applicable to the first-instance procedure.

If the judgment rendered in absentia can be personally notified to the convicted person, they must be informed of their right to request a new judgment from the court within ten days, either in writing or orally.

In their request, the convicted person briefly outlines the reasons that prevented them from participating in the proceedings.

The court rejects the request if the convicted person, duly summoned, fails to appear at the proceedings without a valid excuse.

If it appears likely that the conditions allowing for a new judgment are met, the presiding authority schedules new hearings. During these hearings, the court decides on the request of the convicted person and, if necessary, issues a new judgment.

Appeal authorities suspend the appeal procedures initiated by other parties.

The presiding authority determines, until the hearings, the granting of suspensive effect and detention for security reasons.

If the convicted person again fails to appear at the hearings without a valid excuse, the default judgment remains valid.

The request for a new judgment can be withdrawn until the closure of the hearings, subject to costs and expenses.

The court delivers a new judgment. This judgment may be challenged by the usual means of appeal.

When the new judgment comes into force, the judgment rendered by default, any appeals lodged against it, and the decisions already made in the appeals process become null and void.

As long as the appeal period is ongoing, the convicted person may file a notice of appeal against a default judgment concurrently with their request for a new judgment or instead of such a request. They must be informed of this in accordance with Art. 368, para. 1.

An appeal is admissible only if the request for a new judgment has been rejected.

If a preventive bail as provided in Art. 66 of the Penal Code cannot be ordered within the framework of the criminal proceedings initiated against the accused, an independent procedure is initiated.

If the accused is in detention because of the risk of acting on the offense or reoffending, the preventive bail is not ordered.

The application for the initiation of an independent procedure is submitted to the public prosecutor of the place where the threat was made or where the intention to reoffend was manifested.

The public prosecutor questions the persons concerned and then forwards the file to the coercive measures court. The court orders the measures provided for in Art. 66 of the Criminal Code. The person concerned can appeal against the decision ordering detention to the appellate authority.

The threatened person has the same rights as the plaintiff. For legitimate reasons, they may be required to provide securities to cover procedural costs and compensation.

The person who made the threat has the same rights as the accused.

If the securities provided are forfeited to the state, in accordance with Art. 66, para. 3, of the Criminal Code, the authority rules pursuant to Art. 240.

If a person is at immediate risk of acting, the public prosecutor may provisionally detain them or take other protective measures. The individual is then promptly brought before the competent coercive measures court; the court decides on the detention.

If the accused is deemed irresponsible and therefore non-punishable under Art. 19, para. 4, or 263 of the Swiss Criminal Code, the public prosecutor shall submit a written request to the court of first instance to order a measure under Arts. 59 to 61, 63, 64, 67, 67b, or 67e of the Swiss Criminal Code, without dismissing the proceedings due to the accused's irresponsibility.

To consider the health condition of the accused or to protect their personality, the court of first instance may: a. conduct the proceedings in the absence of the accused; b. order a closed session.

The court of first instance shall give the complainant the opportunity to express their opinion on the public prosecutor's request and on their civil claims.

For all other matters, the provisions governing the procedure of the first instance are applicable.

The court orders the proposed measures or other measures when it considers the participation of the accused and their lack of responsibility as established and deems these measures necessary. It also rules on the civil claims asserted by the plaintiff.

The pronouncement of the measures and the decision on the civil claims are rendered in the form of a judgment.

If the court considers that the accused is responsible or holds them responsible for the offenses committed in a state of irresponsibility, it rejects the public prosecutor's request. The coming into force of this pronouncement continues the preliminary proceedings initiated against the accused.

An independent confiscation procedure is initiated when the confiscation of objects or assets belonging to a specific person must be decided independently of a criminal procedure.

Objects or assets that are likely to be confiscated in an independent procedure are seized.

If the conditions for confiscation are met, the public prosecutor issues a confiscation order; the concerned party is given the opportunity to express their views.

If the conditions are not met, the procedure is dismissed, and the objects or assets are returned to the rightful owner.

The opposition procedure is governed by the provisions on penal orders. The court decides in the form of a judgment. An appeal may be lodged against its decision.

The public prosecutor or the court shall also decide on the requests of the injured party regarding the allocation in their favor of confiscated objects and assets. Art. 267, para. 3 to 6, applies by analogy.

Unless otherwise specified, the general provisions of this code apply mutatis mutandis to the appeal procedure.

Decisions deemed final or not subject to appeal by this code cannot be challenged by any of the means of appeal provided for in this code.

The public prosecutor may file an appeal either in favor of or against the accused or the convicted person.

If the Confederation or the cantons have appointed a chief prosecutor or an attorney general, they specify which public prosecutor is authorized to file an appeal.

They determine which authorities may file an appeal in the criminal procedure concerning contraventions.

...

Federal authorities may appeal against cantonal decisions when federal law stipulates that the decision must be communicated to them.

Any party with a legally protected interest in the annulment or modification of a decision has standing to appeal against it.

The complainant cannot appeal on the issue of the penalty or measure imposed.

If the accused, convicted person, or complainant dies, their close relatives, as defined in Art. 110, para. 1, of the Criminal Code (CC), may, in order of succession, file an appeal or continue the proceedings, provided that their legally protected interests have been infringed.

The proceedings management of the appellate authority may require the complainant to provide securities within a specified period to cover potential costs and compensations. Art. 136 remains reserved.

If the securities are not provided within the given time frame, the appellate authority will not consider the appeal.

The time limit for appeals begins to run: a. for judgments, from the delivery or notification of the written decision; b. for other decisions, from the notification of these; c. for procedural acts not notified in writing, from the moment the concerned persons become aware of them.

If this code requires that an appeal be reasoned, the person or authority making the appeal must precisely indicate: a. the points of the decision that are contested; b. the reasons that dictate a different decision; c. the evidence they use to support their appeal.

If the submission does not meet these requirements, the appellate authority returns it to the appellant for completion within a short deadline. If, after the expiration of this additional deadline, the submission still does not meet these requirements, the appellate authority will not consider the appeal.

The incorrect designation of a means of appeal does not affect its validity.

Any person entitled to appeal may waive the right to appeal after being informed of the appealable decision, through a written or verbal declaration to the authority that issued the decision.

Any person who has filed an appeal may withdraw it

a. in the case of an oral procedure, before the close of the debates;

b. in the case of a written procedure, before the closure of the exchange of briefs and the deadline set for providing additional evidence or completing the record.

The waiver and withdrawal are final unless the party was led to make the declaration by deceit, an offense, or incorrect information from the authorities.

Appeals do not have a suspensive effect; exceptions to this rule are reserved for the provisions of this code and the decisions of the procedural management of the appellate authority that contradict this rule.

The procedural authority of the appeals body issues the orders and takes the provisional measures that are necessary and that cannot be delayed. It may notably: a. assign the public prosecutor the task of gathering evidence when it cannot be delayed; b. order the detention of the suspect; c. appoint a public defender.

It decides not to proceed with appeals that are: a. clearly inadmissible; b. manifestly insufficiently motivated; c. frivolous or abusive.

The appeal procedure is based on the evidence presented during the preliminary procedure and the first instance procedure.

The taking of evidence by the first instance court is only repeated if: a. the provisions regarding evidence have been violated; b. the taking of evidence was incomplete; c. the documents related to the taking of evidence do not seem reliable.

The appellate authority administers, either ex officio or at the request of a party, the supplementary evidence necessary for the handling of the appeal.

Anyone who intends to use a means of recourse for which this code provides a written procedure must submit an appeal brief.

If the appeal is not manifestly inadmissible or unfounded, the conduct of proceedings will notify the appeal brief to the other parties and the lower authority for their statements. The procedure continues even if the appeal brief cannot be notified or if a party does not make a statement.

If necessary, the appellate authority orders a second exchange of briefs.

It issues its decision by circulation or, during a non-public deliberation, based on the file and the administration of supplementary evidence.

It may order hearings, either ex officio or at the request of a party.

When making its decision, the appellate authority is not bound by: a. the grounds invoked by the parties; b. the conclusions of the parties, except when ruling on a civil action.

It cannot modify a decision to the detriment of the accused or the convicted person if the appeal has been filed solely in their favor. However, it may impose a harsher sanction in light of new facts that could not have been known to the court of first instance.

It cannot modify a decision concerning civil claims to the detriment of the complainant if the complainant is the only one who has filed an appeal.

In cases where, within the same procedure, an appeal has been lodged by some of the accused or convicted persons only, and it has been granted, the contested decision is also annulled or modified in favor of those who did not lodge an appeal under the following conditions: a. the appellate authority judges the facts differently; b. the grounds for the decision also apply to the other persons involved.

Before rendering its decision, the appellate authority hears, if necessary, the accused or convicted persons who did not lodge an appeal, the public prosecutor, and the complainant.

An appeal is admissible: a. against decisions and procedural actions of the police, the public prosecutor's office, and the penal authorities competent in matters of contraventions; b. against the orders, decisions, and procedural actions of the courts of first instance, except those of the procedural management; c. against decisions of the compulsory measures court, provided that this code does not classify them as final.

An appeal may be filed on the following grounds: a. violation of the law, including excess and abuse of discretionary power, denial of justice, and unjustified delay; b. incomplete or incorrect ascertainment of facts; c. inexpediency.

An appeal is inadmissible: a. when an appeal is admissible; b. when the public prosecutor or the competent authority in matters of contraventions rejects a request for evidence that can be reiterated without legal prejudice before the court of first instance.

If the appeal authority is a collegiate court, its procedural management alone shall decide on the appeal: a. when it concerns exclusively contraventions; b. when it concerns the incidental economic consequences of a decision and the disputed amount does not exceed 5000 francs.

The appeal against decisions notified in writing or orally must be reasoned and submitted in writing within ten days to the appellate authority.

The appeal for denial of justice or unjustified delay is not subject to any deadline.

The appeal is subject to a written procedure.

If the authority upholds the appeal, it issues a new decision or annuls the contested decision and remands the case to the lower authority for a ruling.

If it upholds an appeal against a dismissal order, it can give instructions to the public prosecutor or the competent authority for contraventions regarding the continuation of the procedure.

If it observes a denial of justice or an unjustified delay, it can give instructions to the concerned authority, setting deadlines for compliance.

The appellate authority renders its decision within six months.

An appeal is admissible against judgments of first instance courts that have concluded all or part of the proceedings, against independent subsequent judicial decisions, and against independent confiscation decisions.

The appellate court has full power of review over all contested aspects of the judgment.

An appeal may be lodged for: a. violation of the law, including excess and abuse of discretion, denial of justice, and undue delay; b. incomplete or incorrect establishment of the facts; c. inappropriateness.

When only contraventions have been the subject of the first instance proceedings, an appeal may only be lodged on the grounds that the judgment is legally erroneous or that the facts have been established in a manifestly inaccurate manner or in violation of the law. No new allegations or evidence may be introduced.

If an appeal only concerns civil claims, the appellate court examines the first instance judgment only to the extent that the applicable civil procedure law at the forum would permit the appeal.

The party announces the appeal to the court of first instance either in writing or orally for entry into the record within ten days from the communication of the judgment.

Once the reasoned judgment is drafted, the court of first instance forwards the notice and the file to the appellate court.

The party announcing the appeal submits a written declaration of appeal to the appellate court within 20 days from the notification of the reasoned judgment. In their declaration, they must specify: a. whether they intend to challenge the judgment as a whole or only certain parts; b. the modifications to the first-instance judgment they request; c. their motions for evidence.

Anyone challenging only specific parts of the judgment must definitively indicate in the declaration of appeal which parts are contested, specifically: a. the matter of guilt, if applicable concerning each of the acts; b. the severity of the penalty; c. the measures that have been ordered; d. the civil claims or certain of them; e. the ancillary consequences of the judgment; f. costs, compensation, and reparation for moral harm; g. subsequent judicial decisions.

If the notice of appeal does not specify precisely the parts of the first-instance judgment that are being contested, the management of the appellate court's proceedings shall invite the party to clarify its notice and shall set a deadline for this purpose.

The management of the proceedings shall immediately forward a copy of the notice of appeal to the other parties.

Within 20 days of receiving the notice of appeal, these parties may, in writing: a. submit a request for non-entry into the matter; the request must be substantiated; b. file a cross-appeal.

Art. 399, paras. 3 and 4, apply by analogy to the cross-appeal.

The cross-appeal is not limited to the principal appeal, unless the latter concerns exclusively the civil claims of the judgment.

If the principal appeal is withdrawn or not admitted for consideration, the cross-appeal becomes void.

The appeal suspends the res judicata effect of the contested judgment within the limits of the disputed points.

The appellate court issues a written decision on the admissibility of the appeal when the procedural direction or a party claims: a. that the notice or the declaration of appeal is late or inadmissible; b. that the appeal is not admissible under the terms of Art. 398; c. that the conditions for initiating the criminal proceedings are not met or that there is an impediment to proceeding.

The appellate court gives the parties the opportunity to express their views.

If it does not proceed with the appeal, it notifies the parties of its reasoned decision.

If it proceeds, the procedural direction promptly takes the necessary measures to continue the appeal proceedings.

The appellate court only examines the contested points of the first-instance judgment.

It may also examine, in favor of the defendant, points of the judgment that are not contested, in order to prevent illegal or unfair decisions.

The provisions concerning first instance hearings apply by analogy to appeal hearings.

The procedural authority summons the accused or the complainant who has filed the appeal or the joint appeal to the appeal hearing. In simple cases, it may, upon their request, excuse them from participating in the hearing and allow them to submit their reasoned conclusions in writing.

It summons the public prosecutor to the hearing: a. in the cases referred to in Art. 337, para. 3 and 4; b. if the public prosecutor has filed the appeal or the joint appeal.

If the public prosecutor is not summoned to appear, they may submit their conclusions in writing along with the reasoning supporting them or appear in person.

The appellate court may only handle the appeal in written procedure if: a. only points of law need to be decided; b. only the civil claims are contested; c. the judgment of the first instance concerns only contraventions and the appeal does not concern a declaration of guilt for a crime or an offense; d. only the costs, compensation, or moral damages are contested; e. only measures within the meaning of Art. 66 to 73 of the Criminal Code are contested. With the agreement of the parties, the procedure management may also order the written procedure: a. when the presence of the accused at the appeal hearing is not indispensable; b. when the appeal is directed against judgments rendered by a single judge. The procedure management sets a deadline for the party that declared the appeal or the joint appeal to submit a reasoned appeal brief. The continuation of the procedure is governed by Art. 390, para. 2 to 4.

The appeal or joined appeal is deemed withdrawn if the party who declared it: a. fails to appear at the appeal hearings without a valid excuse and does not arrange for representation; b. fails to submit a written brief; c. cannot be summoned to appear.

If the appeal by the public prosecutor or the complainant concerns the finding of guilt or the issue of the penalty and the defendant fails to appear at the hearings without an excuse, proceedings in absentia are initiated.

If the appeal by the complainant is limited to civil claims and the defendant fails to appear at the hearings without an excuse, the appellate court decides based on the results of the first-instance hearings and the case file.

If the appellate court accepts the case, it issues a new judgment that replaces the judgment of the first instance.

The appellate court rules within twelve months.

If the first-instance proceedings have significant defects that cannot be remedied in appellate proceedings, the appellate court shall annul the contested judgment and remand the case to the first-instance court for new hearings and for a new judgment to be rendered.

The appellate court shall determine the procedural acts that must be repeated or completed.

The first-instance court is bound by the considerations of the remand decision and by the instructions referred to in para. 2.

Any person harmed by a final judgment, a penal order, a subsequent judicial decision, or a decision issued in an independent procedure regarding measures may request a revision: a. if new facts existing prior to the pronouncement or new evidence come to light that could justify an acquittal, a significantly less severe or more severe conviction of the defendant, or the conviction of the acquitted person; b. if the decision is in clear contradiction with a subsequent criminal decision on the same facts; c. if it is established in another criminal proceeding that the outcome was influenced by an offense, a conviction not being required as evidence; if the criminal proceeding cannot be conducted, the evidence may be provided in another manner.

A revision for violation of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (ECHR) may be requested under the following conditions: a. the European Court of Human Rights has found, in a final judgment (Art. 44 ECHR), a violation of the ECHR or its protocols, or has concluded the case by a friendly settlement (Art. 39 ECHR); b. compensation is not able to remedy the effects of the violation; c. the revision is necessary to remedy the effects of the violation.

A revision in favor of the convicted person may be requested even after the statute of limitations has expired.

A revision limited to civil claims is only admissible if the applicable civil procedural law at the forum would allow for a revision.

Applications for revision must be substantiated and submitted in writing to the appellate court. The grounds for revision must be set out and justified in the application.

Applications for revision referred to in Art. 410, para. 1, let. b, and para. 2, must be filed within 90 days from the date on which the person concerned became aware of the decision in question. In other cases, they are not subject to any deadline.

The appellate court shall preliminarily examine the request for revision in a written procedure.

It shall not consider the request if it is manifestly inadmissible or unsubstantiated, or if a request for revision citing the same grounds has already been rejected in the past.

If the appellate court accepts the request for consideration, it shall invite the other parties and the lower authority to submit their comments in writing.

It shall determine the additional evidence to be administered and the supplements to be made to the file and shall order interim measures, provided that this decision does not fall within the competence of the procedure management pursuant to Art. 388.

If the appellate court finds that the grounds for revision are unfounded, it rejects the request for revision and overturns any provisional measures.

If it finds that the grounds for revision are founded, it partially or entirely annuls the contested decision; in addition: a. it refers the case for new proceedings and a new judgment to the authority it designates; b. it issues a new decision itself if the state of the case file allows.

In the event of a referral of the case, the appellate court determines to what extent the established grounds for revision nullify the res judicata and the enforceability of the contested decision and at what stage the procedure must be resumed.

If the conditions are met, it may temporarily detain or leave the accused in detention for security reasons.

If the appellate court has remitted the case to the public prosecutor, the latter decides whether to issue a new indictment, render a penal order, or dismiss the proceedings.

If it has remitted the case to a court, that court shall carry out the necessary supplementary evidence and render a new judgment based on the hearings.

If the new decision imposes a harsher sentence on the accused, the sentence already served is deducted from the new sentence.

If the convicted person is acquitted, their sentence is reduced, or the proceedings are dismissed, any excess amount of fines or monetary penalties collected is refunded to them. Claims by the accused for damages or compensation for moral harm are governed by Art. 436, para. 4.

If the convicted person is acquitted, they themselves or, if deceased, their relatives may request the publication of the new judgment.

The provisions of this title apply to all procedures provided for by this code.

In the event of a defect or other faulty procedural acts, the criminal authority may allocate the procedural costs and fees to the participants in the procedure who caused them, regardless of the outcome of the procedure.

When multiple persons are obligated to pay the costs, these are distributed proportionally among them.

The criminal authority may order that the persons obligated to pay the costs are jointly liable for those they have incurred together.

It may order that third parties and the accused are jointly liable for the costs, in accordance with the principles of liability in civil law.

If the proceedings have been terminated with a dismissal order due to the defendant's irresponsibility, or if the defendant has been acquitted on this ground, the costs may be charged to the defendant if fairness so requires in view of all the circumstances.

The Confederation or the canton may initiate a recourse action against individuals who, intentionally or through gross negligence, have: a. caused the initiation of the proceedings; b. made the proceedings significantly more difficult; c. caused a decision to be annulled in a revision procedure.

The criminal authority determines the costs in the final decision.

It may determine the costs in advance in: a. interim decisions; b. orders for partial dismissal; c. decisions on appeals concerning interim decisions and orders for partial dismissal.

The procedural costs consist of the fees intended to cover the expenses and the disbursements actually incurred.

Disbursements particularly include: a. expenses attributable to court-appointed defense and free legal assistance; b. translation costs; c. expert fees; d. costs of participation by other authorities; e. postage and telephone costs and other similar expenses.

The procedural costs are borne by the Confederation or the canton that conducted the proceedings; contrary provisions of this code are reserved.

...

The Confederation and the cantons regulate the calculation of procedural costs and determine the fees.

For simple cases, they may provide for flat-rate fees that also cover disbursements.

The criminal authority may grant a suspension for the payment of procedural costs. It may reduce or remit the costs considering the financial situation of the person required to pay them.

The accused bears the procedural costs if convicted. An exception is made for the costs related to mandatory defense; Art. 135, para. 4, remains applicable.

When the proceedings result in a dismissal order or the accused is acquitted, all or part of the procedural costs may be charged to them if they have unlawfully and blamefully instigated the initiation of the procedure or made it more difficult to conduct.

The accused does not bear the costs: a. incurred by the Confederation or the canton due to unnecessary or wrongful procedural actions; b. attributable to translations necessitated by the fact that they are non-native speakers.

The costs of free legal assistance for the complainant can only be charged to the accused if they are financially well-off.

The aforementioned provisions apply by analogy to the parties in an independent measures procedure when the decision is rendered to their detriment.

The procedure costs caused by the civil claims of the plaintiff may be charged to the plaintiff: a. when the procedure is dismissed or the defendant is acquitted; b. when the plaintiff withdraws their civil claims before the conclusion of the first-instance proceedings; c. when the civil claims have been dismissed or the plaintiff has been referred to pursue the matter through civil action.

In the case of offenses prosecuted upon complaint, the procedure costs may, under the following conditions, be borne by the complainant who, acting recklessly or with gross negligence, initiated the procedure or made its conduct more difficult, or by the plaintiff: a. the procedure is dismissed or the defendant acquitted; b. the defendant is not obliged to pay the costs pursuant to Art. 426, para. 2.

If the complainant withdraws their complaint during an attempt at conciliation by the public prosecutor's office, the Confederation or the canton generally bears the procedure costs.

Any agreement between the complainant and the defendant concerning the allocation of costs related to the withdrawal of the complaint requires the consent of the authority that ordered the dismissal. It must not have detrimental effects for the Confederation or the canton.

The costs of the appeal proceedings shall be borne by the parties to the extent that they have prevailed or been unsuccessful. The party whose appeal is inadmissible or who withdraws the appeal is also considered to have been unsuccessful.

When a party appealing receives a decision more favorable to them, the costs of the proceedings may be charged to them in the following cases: a. the conditions that allowed them to prevail were only realized during the appeal proceedings; b. the modification of the decision is of little significance.

If the appellate authority issues a new decision itself, it also decides on the costs set by the lower authority.

If they annul a decision and remit the case for a new decision to the lower authority, the Confederation or the canton shall bear the costs of the appeal proceedings and, according to the assessment of the appellate authority, the costs of the proceedings before the lower authority.

When a request for revision is granted, the criminal authority subsequently dealing with the case shall set the costs of the first proceedings according to its discretion.

If the accused is acquitted entirely or in part, or benefits from a decision to dismiss the case, they are entitled to: a. A compensation determined in accordance with the attorneys' fee schedule for expenses incurred due to the reasonable exercise of their procedural rights; attorneys' fees do not differentiate between compensation awarded and fees owed in the case of private defense; b. Compensation for economic damage suffered as a result of mandatory participation in the criminal procedure; c. Redress for moral harm suffered due to a particularly serious violation of their personality, especially in the event of deprivation of liberty.

The criminal authority examines the accused's claims ex officio. It may require the accused to quantify and justify these claims.

When the accused has privately engaged a defense attorney, the attorney has an exclusive right to the compensation provided for under para. 1, letter a, subject to settlement with their client. The defense attorney may challenge the decision fixing the compensation by utilizing the legal remedies authorized to contest the final decision.

The criminal authority may reduce or refuse compensation or moral prejudice reparation in the following cases: a. the accused unlawfully and culpably provoked the initiation of the proceedings or made its conduct more difficult; b. the plaintiff party is obliged to compensate the accused; c. the expenses of the accused are insignificant.

In appeal proceedings, compensation and moral prejudice reparation may also be reduced if the conditions set out in Art. 428, para. 2, are fulfilled.

If the accused has been subjected to unlawful coercive measures, the criminal authority shall grant them fair compensation and reparation for non-pecuniary damage.

In cases of provisional detention and detention for security reasons, the accused is entitled to compensation or reparation for non-pecuniary damage when the detention has exceeded the authorized duration and the excessive deprivation of liberty cannot be credited against sanctions imposed for other offenses.

The accused is not entitled to the benefits mentioned in para. 2 if they: a. are sentenced to a monetary penalty, community service, or a fine, whose conversion would result in a custodial sentence not significantly shorter than the provisional detention or detention for security reasons; b. are sentenced to a custodial sentence with a suspended sentence, the duration of which exceeds the provisional detention or detention for security reasons they have undergone.

The accused who prevails may request from the complainant a fair compensation for expenses incurred due to civil claims.

When the accused prevails on the issue of guilt and the offense is prosecuted upon complaint, the complainant who, having acted recklessly or through gross negligence, has caused the initiation of the procedure or made its conduct more difficult, or the plaintiff may be required to compensate the accused for expenses incurred due to the reasonable exercise of his procedural rights.

In the following cases, the complainant may request fair compensation from the defendant for the necessary expenses incurred due to the procedure: a. the complainant wins the case; b. the defendant is required to pay the costs in accordance with Art. 426, para. 2.

The complainant must submit their claims to the criminal authority; they must quantify and justify them. If they do not fulfill this obligation, the criminal authority will not consider the request.

Third parties who suffer damage due to procedural acts or as a result of aiding the criminal authorities are entitled to fair compensation if the damage is not otherwise covered, as well as reparation for moral harm. Art. 433, para. 2, applies by analogy.

Claims are settled within the framework of the final decision. When the case is clear, the public prosecutor may settle them already at the preliminary procedure stage.

Claims for compensation and for reparation of moral harm against the Confederation or the canton are subject to a limitation period of ten years from the day the decision became final.

Claims for compensation and reparation for moral damages in appeal proceedings are governed by Articles 429 to 434.

If neither a total or partial acquittal nor a dismissal of the proceedings is pronounced, but the accused prevails on other points, he is entitled to fair compensation for his expenses.

If the appellate authority annuls a decision in accordance with Article 409, the parties are entitled to fair compensation for the expenses incurred due to the appeal proceedings and the annulled part of the first-instance proceedings.

The accused who, after revision, is either acquitted or sentenced to a less severe penalty, is entitled to fair compensation for the expenses incurred due to the revision proceedings. If he has served a penalty or undergone a deprivation of liberty measure, he is also entitled to reparation for moral damages and compensation to the extent that the deprivation of liberty cannot be credited against sanctions imposed for other offenses.

Judgments and other closing decisions against which a remedy under the present code is admissible come into force: a. when the appeal period has expired without being utilized; b. when the entitled party declares they waive the right to file an appeal or withdraws their appeal; c. when the appellate authority does not consider the appeal or rejects it.

The entry into force takes effect on the date the decision is rendered.

Decisions against which no remedy is admissible under the present code come into force on the day they are rendered.

The criminal authority that has issued a decision confirms its entry into force by noting it in the file or in the judgment.

If the parties have been informed of the filing of an appeal, the entry into force of the judgment must also be communicated to them.

If the entry into force is disputed, it is up to the authority that issued the decision to resolve the matter.

The decision confirming the entry into force is subject to appeal.

The Confederation and the cantons designate the competent authorities for the execution of sentences and measures and regulate the procedure; the special regulations provided for by this code and the Criminal Code are reserved.

The executing authority issues an order for the execution of the sentence.

Decisions that have become final and enforceable, imposing custodial sentences and measures, are executed immediately in the following cases: a. there is a risk of flight; b. there is a serious threat to the public; c. the purpose of the measure cannot be achieved in any other way.

To effectively carry out the order for the execution of the sentence, the executing authority may apprehend the convicted person, issue a search warrant against them, or request their extradition.

The executing authority may order the detention of the convicted person for security reasons to ensure the enforcement of a sentence or measure if one of the conditions set forth in Art. 439, para. 3, is met.

The case must be referred within five days from the commencement of detention to: a. the court that rendered the sentence or measure to be enforced; b. the compulsory measures court of the prosecutor's office that issued the penal order.

The court decides whether the convicted person should remain in detention until the enforcement of the sentence or measure begins.

The court that ordered the detention for security reasons rules on requests for release.

Sentences that are time-barred cannot be executed.

The execution authority shall examine ex officio whether the sentence is time-barred.

The convicted person may appeal to the appellate authority of the canton of execution against the execution of a sentence or measure that is time-barred and by which he is threatened. The authority decides on the suspensive effect of the appeal.

If the convicted person has served a time-barred custodial sanction, he is entitled to compensation and reparation for moral harm; Art. 431 applies by analogy.

The collection of procedural costs, monetary penalties, fines, and other financial obligations arising from criminal proceedings is governed by the provisions of the Federal Act on Debt Enforcement and Bankruptcy of April 11, 1889.

Claims related to procedural costs are subject to a statute of limitations of ten years from the day the decision on the costs became enforceable. The default interest rate is 5%.

The Confederation and the cantons designate the authorities responsible for the collection of financial obligations.

Criminal authorities may offset claims for procedural costs with the compensation awarded to the debtor party in the same criminal proceeding and with seized assets.

Insofar as the judgment pertains to civil claims, it is enforced in accordance with the civil procedural law applicable at the place of enforcement and the Federal Act of April 11, 1889, on Debt Enforcement and Bankruptcy.

The Confederation and the cantons designate the authorities responsible for official publications.

The Federal Council and, to the extent that they are competent, the cantons shall enact the necessary provisions for the implementation of this Code.

The repeal and amendment of existing law are governed in Annex 1.

The Federal Assembly may, by way of ordinance, adapt provisions of federal laws that, although contrary to this code, have not been formally amended by it.

The coordination of this Act with other legislative acts is governed in Annex 2.

Pending proceedings at the time of the entry into force of this Code continue according to the new law, unless the following provisions provide otherwise.

Procedural acts ordered or accomplished before the entry into force of this Code retain their validity.

Pending procedures at the time of the entry into force of this law shall continue before the competent authorities according to the new law unless the provisions that follow provide otherwise.

Conflicts of jurisdiction between authorities within the same canton are resolved by the appellate authority of that canton; those involving authorities from different cantons or between cantonal authorities and federal authorities are resolved by the Federal Criminal Court.

When proceedings have commenced before the entry into force of this Code, they shall continue under the previous law before the competent court of first instance until then.

After the entry into force of the present code, subsequent independent judicial decisions are rendered by the criminal authority that would have been competent according to the present code to render the judgment in the first instance.

Applications for a retrial presented by persons who have been judged within the framework of a default procedure are treated according to the former law if they were pending at the time of the entry into force of this code.

Applications for a retrial presented after the entry into force of this code by persons who have been judged within the framework of a default procedure according to the former law are assessed in light of the law that is most favorable to them.

The new trial is governed by the new law. It is conducted by the court that would have been competent, according to this code, to pronounce the judgment within the framework of the default procedure.

The appeals filed against decisions rendered before the entry into force of the present code are handled according to the old law by the competent authorities under that law.

When a procedure is referred back to the lower authority for a new judgment by the appellate authority or the Federal Court, the new law applies. The new judgment is rendered by the authority which would have been competent under the present code to render the annulled decision.

The new law is applicable to appeals lodged against decisions rendered at first instance after the entry into force of the present code.

The old law is applicable to appeals against decisions rendered at first instance according to the old law, after the entry into force of the present code, by a judicial authority higher than that of the first instance.

Art. 453 applies mutatis mutandis to objections against penal orders.

When procedures initiated by the complaining party under the former cantonal law were pending before a court of first instance prior to the entry into force of the present code, they shall continue until the conclusion of the first-instance procedure according to the former law, before the court that was competent until then.

Hearings conducted within ongoing procedures after the entry into force of the present amendment are governed by the new law.

This code is subject to a referendum.

The Federal Council shall set the date of its entry into force. Date of entry into force: January 1, 2011